Terms & Conditions

1. A Website for Adult Visitors

You must be at least eighteen years old and able to form a binding agreement to use this site or enroll in its communications. The site provides public information and general contact pathways; it does not create an account, guarantee an appointment, establish eligibility for a service, or replace the separate documents that may apply to clinical care.

2. The Health Information Boundary

All website content is educational and informational only. It is not medical advice, a diagnosis, a treatment plan, or a cure. Use of this website does not form a doctor-patient relationship. Before changing diet, exercise, supplements, or healthcare plans, readers should consult a licensed physician or qualified healthcare professional who can evaluate their individual circumstances.

These statements have not been evaluated by the Food and Drug Administration.

This content is not intended to diagnose, treat, cure, or prevent any disease.

The screener organizes answers into an educational summary. It is not a clinical test, diagnosis, or measure of hearing loss. Information about devices, services, pricing, coverage, warranties, or care approaches is general and can change; confirm details relevant to you with an appropriately licensed professional.

3. Permitted Use and Conduct

You may use the site for lawful, personal, informational purposes. You may not interfere with its operation; probe or bypass security; introduce malicious code; scrape or harvest information through automated means without written permission; impersonate another person; submit false or misleading details; use forms to send unlawful, abusive, or infringing content; reverse engineer site components except where law expressly permits; or use site material to violate another person’s rights.

You are responsible for the accuracy of information you submit and for keeping your own device and communications access secure. General forms must not be used for emergencies or to transmit sensitive medical, insurance, financial, password, or government-identifier data.

4. Site Materials and Submissions

The site’s text, graphics, design, arrangement, code, brand elements, and other materials are owned by or licensed to PIONEER HEARING AND TINNITUS and are protected by applicable intellectual-property law. Subject to these Terms, you receive a limited, revocable, non-exclusive, non-transferable license to view and use the site for personal, noncommercial purposes. No ownership right is transferred.

If you submit a contact message or feedback, you retain rights you already hold. You grant the operator a limited right to receive, reproduce, and use the submission as reasonably necessary to answer it, operate the site, protect legal rights, and improve the relevant service. Do not submit material you lack authority to provide.

5. Links and Services Outside This Site

The site may link to external resources or rely on service providers to deliver hosting, forms, email, or text messages. A link does not mean the external content is controlled, adopted, or continuously reviewed. Third-party services may have separate terms and privacy practices. You use them at your own discretion, and availability may change without notice.

6. Email and Text Permissions

If you submit the contact form and select its service-communication checkbox, you authorize email replies limited to your inquiry and coordination of next steps. This service permission does not enroll you in Health Notes or marketing communications, and submitting the form does not confirm an appointment.

Health Notes email permission and marketing SMS permission are separate. Health Notes emails may include educational and informational content about hearing and tinnitus, healthy aging, communication, everyday wellness, and clinic news; they do not include offers, promotions, or marketing. You may unsubscribe from email using the link in an email. You may revoke SMS permission by replying STOP, and you may reply HELP for help or email support@hearingaidsoftware.com. Revocation will be honored prospectively within a reasonable processing period.

Telephone Consumer Protection Act consent

Where you select SMS consent, you provide prior express written consent under the Telephone Consumer Protection Act to receive recurring marketing text messages from PIONEER HEARING AND TINNITUS about hearing and tinnitus, healthy aging, communication, everyday wellness, clinic news, appointment opportunities, and occasional offers. Messages may be sent using automated technology, including an automatic telephone dialing system (ATDS) where applicable. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase or email subscription.

Reply STOP to revoke consent and stop texts; reply HELP for help. T-Mobile and other carriers are not liable for delayed or undelivered messages. Email communications can be stopped with the unsubscribe link. See the SMS Terms for program rules.

Mobile information, opt-in data, and consent will not be shared with third parties or affiliates for their marketing or promotional purposes and will not be sold. Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the text message service. Additional details appear in the Privacy Policy.

7. The Site Is Provided Without Warranties

To the fullest extent permitted by law, the site and its content are provided “as is” and “as available.” The operator disclaims express and implied warranties, including warranties of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, title, non-infringement, availability, and freedom from harmful components. We do not warrant that the site will be uninterrupted or error-free, that a message will reach its destination, or that content will produce a particular health or other outcome. Some jurisdictions do not allow certain exclusions, so part of this section may not apply to you.

8. Limits on Liability

To the fullest extent permitted by law, the operator and its service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of data, use, opportunity, or goodwill; or harm arising from reliance on educational content, inability to use the site, external links, communications delivery, or unauthorized access. Where liability cannot be excluded, total liability arising from the public website will not exceed the greater of the amount you paid specifically to use the website during the six months before the event or one hundred U.S. dollars. This limit does not exclude liability that applicable law does not permit us to limit.

9. Responsibility for Misuse

To the extent permitted by law, you agree to defend, indemnify, and hold harmless the operator and its service providers from claims, losses, liabilities, and reasonable costs arising from your unlawful use of the site, your violation of these Terms, your infringement of another person’s rights, or content you submit without authority. This obligation does not apply to the extent a claim results from conduct for which indemnification cannot lawfully be required.

10. Idaho Law, Binding Arbitration, and Class-Action Waiver

Please read this section carefully. It affects the right to go to court, have a jury decide a dispute, or participate in a class, collective, consolidated, or representative action.

Governing law and scope

These Terms and any dispute arising out of or relating to the public website, these Terms, the Privacy Policy, the SMS Terms, or electronic communications requested through the site are governed by the Federal Arbitration Act and, where not preempted, the laws of the State of Idaho, without regard to conflict-of-law rules. This section does not govern disputes arising from clinical care under separate patient agreements or notices.

Informal dispute notice

Before starting arbitration or filing a court claim, the complaining party must send an individualized written notice describing the facts, the legal basis of the dispute, the requested relief, and contact information sufficient to respond. Notice to the operator must be sent to support@hearingaidsoftware.com or PIONEER HEARING AND TINNITUS LLC, 1855 Camrose St, Idaho Falls, ID 83402. The parties will allow thirty days after receipt of a complete notice for a good-faith informal resolution. Any applicable limitations period will be tolled during that thirty-day period.

Agreement to individual arbitration

If the dispute is not resolved informally, you and the operator agree that it will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Mediation Procedures in effect when the claim is filed, as modified by this section. One neutral arbitrator will decide the dispute. The arbitrator may award the same individualized remedies available in court and will issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction.

Unless the parties agree otherwise, the proceeding will be conducted by documents, telephone, or video, or at a reasonably convenient location for the consumer if an in-person hearing is required. Fees will be allocated under the AAA Consumer Rules and applicable law. The operator will pay amounts the AAA rules require a business to pay and any arbitration fees imposed on the consumer above the filing fee that the consumer would pay to bring the same claim in an Idaho court, unless the arbitrator finds the claim was filed for harassment or was patently frivolous.

If the AAA is unavailable, the parties will try in good faith to select another nationally recognized consumer-arbitration provider. If they cannot agree, a court may appoint an arbitrator under the Federal Arbitration Act. If the AAA declines or stops administration because the operator failed to register the clause, comply with applicable due-process standards, or pay required fees, the consumer may elect to proceed in a court with jurisdiction.

Exceptions

Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or emergency injunctive relief from a court to preserve the status quo while arbitration is pending. Nothing in this section prevents a person from reporting an issue to or seeking relief through a government agency, or from exercising a right that applicable law does not permit to be waived or arbitrated. This section does not require arbitration of a sexual-assault or sexual-harassment dispute where federal law gives the claimant a choice to proceed in court.

Class-action and jury-trial waiver

To the fullest extent permitted by law, disputes must proceed only on an individual basis. You and the operator waive the right to a jury trial and the right to bring, join, or participate in a class, collective, consolidated, mass, private-attorney-general, or representative action in arbitration or court. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. The arbitrator may not combine claims of different people without the written consent of all parties.

Thirty-day right to opt out

You may opt out of this arbitration agreement and class-action waiver by sending an email to support@hearingaidsoftware.com with the subject “Arbitration Opt-Out,” or a letter to the mailing address above, within thirty days after you first accept these Terms. The notice must include your full name, the email address used with the site if any, your mailing address, and a clear statement that you opt out of Section 10. Opting out will not affect any other part of these Terms or your ability to use the site.

Authority and severability

A court, not the arbitrator, will decide disputes about the enforceability of the class-action waiver, the opt-out procedure, or whether federal law excludes a claim from predispute arbitration. Other questions concerning the scope, validity, or enforceability of this arbitration agreement will be decided as required by the Federal Arbitration Act and the AAA Consumer Rules. If the class-action waiver is finally found unenforceable for a particular claim or request for relief, that claim or request will proceed in court after any arbitrable individual claims are completed. If any other part of this section is unenforceable, it will be severed or limited to the minimum extent necessary, and the remainder will continue in effect.

For claims permitted to proceed in court, you and the operator consent to the exclusive jurisdiction of the state and federal courts located in Idaho, except where applicable law requires another forum.

11. Changes, Severability, and the Entire Website Agreement

We may update the site and these Terms. The Last Updated date identifies the current version, and continued use after revised Terms are posted constitutes acceptance to the extent permitted by law. If a provision is found unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy and SMS Terms where applicable, form the agreement governing the public website.

12. Terms Contact

PIONEER HEARING AND TINNITUS LLC
1855 Camrose St, Idaho Falls, ID 83402
support@hearingaidsoftware.com