Terms of Service

Notice: The following terms, conditions, policies and notices (“Terms and Conditions”) are a legally binding agreement made by and between BlueMax by Magic Ear and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you”). BlueMax by Magic Ear www.BlueMax .com direct customers to http://www.Bluemax.com. By using the website, you signify your assent to these Terms and Conditions and any subsequent modifications. Internet technology and the applicable laws, rules, and regulations change frequently. Accordingly, BlueMax by Magic Ear reserves the right to revise these Terms and Conditions periodically by updating this posting with new terms and/or conditions, taking effect on the date of posting. Review these Terms and Conditions every time you use these Sites as they are binding upon you and may have changed since your last visit. If any changes are made to these Terms and Conditions, such changes will only be applied prospectively and will apply to all users.

By accessing or using any part of the website or calling the phone number for BlueMax by Magic Ear, you agree that you have read, understand and agree to be bound by these terms and conditions. if you do not agree to be so bound, do not access or use the website or phone number.

1. Using the Website

(a) Eligibility. Except as expressly provided below, the Websites may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use the website without the supervision of a parent or legal guardian. Your use of the website will be deemed to be a representation that you are 18 years of age or older, or using the website with the permission of your parent or guardian. We require that all purchases be made by individuals 18 years of age or older. Children should not submit any personal information to us. Parents should be aware that BlueMax by Magic Ear Privacy Policy governs our use of personal information. That information which is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards or the like may be used to generate unsolicited mail. BlueMax by Magic Ear encourages all parents to instruct their children in the safe and responsible use of their personal information while using the Internet. As a condition to your continued use of the website, you warrant to BlueMax by Magic Ear that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. BlueMax by Magic Ear reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion. BlueMax by Magic Ear does not sell products for purchase by children.

(b) License and Restrictions. Subject to these Terms and Conditions, you are hereby granted a limited, non-exclusive right to access the content and materials on our website. We will retain ownership of our intellectual property rights and you will not obtain any rights therein by virtue of these Terms and Conditions or otherwise, except as expressly set forth in these Terms and Conditions. You will have no right to use, copy, display, perform, create derivative works from, distribute, transmit or sublicense materials or content available on the website, except as expressly set forth in these Terms and Conditions.

(c) Prohibited Conduct. In your access of the website, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the website or any websites linked to the website; (iii) interfere with or damage the website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (v) attempt to obtain unauthorized access to the website; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users or the website without their or our express written consent; (viii) submit false or misleading information to us; (ix) violate any law, rule, or regulation; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the website; or (xi) assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.

2. Your Content

(a) License. By posting, storing, or transmitting any content on or to the website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

(b) Objectionable Content. We do not have the ability to control the nature of the user-generated content offered through the website. You are solely responsible for your interactions with other users of the website and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the website and take any other action to restrict access to or the availability of any material that we or another user of the website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates these Terms and Conditions).

(c) User Data. BlueMax by Magic Ear collects different types of information from users of the website. We collect “Personal Information,” which, generally speaking, is information that identifies you individually, such as your name, account number, and billing address. We will only collect personal information about you that you provide to us voluntarily. For example, we collect personal information when you make a purchase on the website. If you do not want your personal information collected, please do not submit it to us. When you do provide us with personal information, we may store and evaluate that information to better understand your needs and how we can better serve you, and we may use that information to improve our service and to contact you. We do not now and do not intend to sell, rent, or market personal information about you to third parties. However, BlueMax by Magic Ear may disclose personal information about you in the following cases: (i) in connection with processing your transactions and requests with BlueMax by Magic Ear, (ii) to comply with a subpoena, search warrant, court order or other legal requirement; or (iii) in the event that BlueMax by Magic Ear has reason to believe that disclosing personal information is necessary to identify, contact, or bring legal action against someone who, intentionally or unintentionally, may be causing injury or harm to the website, its users, or other persons, or violating the Terms and Conditions of the website. Additionally, BlueMax by Magic Ear may, from time to time, notify you that a particular service (e.g., a rebate program) will require disclosure of your personal information. If you choose to participate in such a service, you consent to disclosure of your personal information. BlueMax by Magic Ear also collects non-personal information from users of the website “Non-Personal Information” is information that does not itself identify you personally, such as the type of Internet browser or computer operating system you are using, and the domain name of the websites from which you linked to the website. We may automatically (i.e., not via registration) collect non-personal information when you connect to or use the website. We may store, compile, publish, promote, report, lease, sell, or otherwise disclose non-personal information to third parties, provided that the information does not personally identify you.

(d) Forums. BlueMax by Magic Ear may provide blogs, message boards and other community forums (“Community Forums”) on the website. If you use a community forum, you are solely responsible for your own communications and the consequences of posting those communications. BlueMax by Magic Ear does not assume any responsibility for the consequences of any community forum communications on or arising from use of the BlueMax by Magic Ear website. BlueMax by Magic Ear does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by community forum users or endorse any opinions expressed by such users. Any reliance upon content posted in a community forum is at your own risk.

3. Accuracy of Information

We attempt to ensure that the information on the website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the website.

4. Sales Tax

If you purchase products using the website, you will be responsible for paying any sales tax indicated on the website.

5. Shipping

When you place an order for any product, we will ship the product to the address designated by you. Risk of loss and title for the product pass to you upon delivery of the product to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. All products purchased through the website are shipped and billed by BlueMax by Magic Ear. Information regarding estimated delivery schedules, delivery options, and payment terms are clearly posted on each product page, but are only estimates. For international orders, please note that BlueMax by Magic Ear will not be able to cover customs costs.

6. Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

7. Security

Your security and buying confidence is one of our highest considerations. Although no company can provide absolute security on the Internet, the website utilize an SSL web certificate capable of encryption and provided by WPEngine. In addition the website incorporate digital certificates and online authentication. At BlueMax by Magic Ear we are committed to making your shopping experience both safe and pleasurable. BlueMax by Magic Ear encrypts all personal information collected about you and stores that information in its data center protected by industry standard firewalls. Despite these measures designed to ensure the security of the website, we reserve the right, as provided below, to make no guarantees in this regard.

8. Intellectual Property Rights

(a) Copyright. All materials on the website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors. You may not use such materials without permission. © 2021 Bluemax.com all rights reserved.

9. Third-Party Services

We may use third parties to provide certain services accessible through the website and may provide links to third-party websites. We do not control those third parties, their services, or their websites. We will not be liable to you in any way for your use of such services or websites. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these Terms and Conditions when you use these services and websites.

10. Linking and Framing

You may not deep link to portions of the website, or frame, inline link, or similarly display any of our property, including, without limitation, the website. You may not use any of our logo as part of a link without express written permission.

11. Comments

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the website (collectively, “comments”) will become our exclusive property. Such disclosure, submission or offer of any comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any comments. You should not submit any comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any comments in confidence; (ii) to pay to you or any third party any compensation for any comments; or (iii) to respond to any comments. You are and shall remain solely responsible for the content of any comments you make.

12. Indemnification

You agree to hold BlueMax by Magic Ear, our employees, physicians, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, tort, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your use of the website or products. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without our consent.

13. Disclaimers, Exclusions, and Limitations

(a) Disclaimer of Warranties. We provide the website on an “as is” and “as available” basis. we do not represent or warrant that the website, the services, its use, any information on it: (i) will be uninterrupted or secure, (ii) will be free of defects, inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with other hardware or software you use. we make no warranties other than those made expressly in these terms and conditions, and hereby disclaim any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
Neither BlueMax by Magic Ear nor its employees, agents, suppliers, third party information providers, merchants, licensors or the like warrant that the website or their operation will be accurate, reliable, uninterrupted or error-free. If your use of BlueMax by Magic Ear results in the need for servicing or replacing property, material, equipment or data, BlueMax by Magic Ear is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the website on behalf of BlueMax by Magic Ear. BlueMax by Magic Ear reserves the right to change or discontinue at any time any aspect or feature of the website. BlueMax by Magic Ear does not assume any liability for the contents of any material provided on the website. Reliance on any information presented on the website is at your own risk. BlueMax by Magic Ear reserves the right to change or discontinue any aspect or feature of the website at any time. You acknowledge that, in connection with the website, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of BlueMax by Magic Ear. Accordingly, BlueMax by Magic Ear assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the website.

(b) Disclaimer of Forward-Looking Statements. The website may contain forward-looking statements that reflect our current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors, some of which are outside our control.

(c) Health Related Information. We provide information on the website for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the websites for diagnosing or treating a medical condition. You should carefully read all product instructions prior to use.

(d) Products. All products are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers, if any, provided in the product packaging. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including without limitation, any implied warranties of merchantability, non-infringement, or fitness for a particular purpose. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

(e) Exclusion of Damages. BlueMax by Magic Ear will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, tort, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the websites or products, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring.

(f) Limitation of Liability. In no event will our aggregate liability arising from, relating to, or in connection with these terms and conditions (including, without limitation, claims relating to the website, or the products) exceed the greater of $100 (one hundred dollars) or the amount that you paid for the product(s). In no event shall BlueMax by Magic Ear or any third parties mentioned at the websites be liable for any costs, damages and expenses whatsoever (including, without limitation, health problems, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the BlueMax by Magic Ear site or the content of the site whether based on warranty, contract, tort or any other legal theory, and whether or not BlueMax by Magic Ear is advised of the possibility of such damages. BlueMax by Magic Ear shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed u.s. $100.00 (one hundred dollars). Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.

14. Transactions

In facilitating transactions, BlueMax by Magic Ear collects personal information related to each transaction, such as the amount of the transaction and the necessary financial and identifying information, including relevant account numbers and addresses. Disclosure of Personal Information is required to conduct a transaction on the website.

15. Force Majeure

We will not be liable for failing to perform under these Terms and Conditions because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war.

16. Forum Selection and Choice of Law

You expressly agree that exclusive jurisdiction for any dispute with BlueMax by Magic Ear, or in any way relating to your use of the website (“Legal Action”), shall be the courts of the State of New York. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in New York. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

17. Waiver of Class Action Rights
By entering into these terms and conditions, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these terms and conditions must be asserted individually.

18. Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

19. Changes to the Website
We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the website, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so. We may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version of these terms and conditions each time you visit the website.

20. Termination

We will have the right to terminate your access to the website if we reasonably believe you have breached any of the terms and conditions of these Terms and Conditions. Following termination, you will not be permitted to use the website and we may, in our discretion, cancel any outstanding product orders. If your access to the website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. These Terms and Conditions will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the website.

21. Integration

These Terms and Conditions contain the entire understanding between you and us regarding the use of the website, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.

22. Additional Terms

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without regard for conflict of law principles. These Terms and Conditions and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and Conditions. You are an independent contractor, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

23. Privacy Policy

The Privacy Policy (located at www.Bluemax.com) is hereby incorporated by reference.

24. Information Placed Automatically

When you view the website, we may store some information on your computer. This information will be in the form of a “cookie” or similar file and can help us in many ways. For example, cookies allow us to tailor a website to better match your interests and preferences. With most Internet browsers, you can erase cookies from your computer hard drive, block a cookie or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.

25. Company Sale

Personal and non-personal information collected through the website is considered a trade secret of BlueMax by Magic Ear. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets.

26. Opt-out Procedures

By making a purchase on www.Bluemax.com, you elect to opt-in to our customer contact and incentive program, by which you will receive occasional emails regarding warranty tracking and confirmation, customer follow-up, product and accessory sales, discounts, and newsletters. Although most of our customers tell us that they look forward to receiving these offers, we recognize your right to discontinue this service. To elect not to receive future email communications, send an email to support@Bluemax.com with the word “Remove” in the subject line.

27. Product Support and Returns

If you have difficulties with your hearing aid, please contact customer service for help or return instructions. 

28. Survival

The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Trademarks,” and “General Provisions” will survive termination of this agreement.

29. Notices

BlueMax by Magic Ear may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on BlueMax by Magic Ear, or by written communication delivered by first class U.S. mail to your address on record in BlueMax by Magic Ear’s account information. You may give notice to BlueMax by Magic Ear at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

Magic Ear, Inc.
Clearwater FL. 33765

30. Conditions for Purchase

By making a purchase on the website, you are agreeing that:
Your hearing loss has been medically evaluated and you have been considered a candidate for a hearing instrument. The medical evaluation must have taken place within the 6 months immediately preceding today’s date, OR you are at least 18 years of age, or older, and you agree to waive the medical evaluation. The exercise of a waiver is not in your best health interest. By making a purchase, you are agreeing to the following:

Good health practice requires that a person with a hearing loss have a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. Licensed physicians who specialize in diseases of the ear are often referred to as otolaryngologists, otologists or otorhinolaryngologists. The purpose of the medical evaluation is to assure that all medically treatable conditions that may affect hearing are identified and treated before the hearing aid is purchased.