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Terms and Conditions

 

TERMS AND CONDITIONS

Effective Date: August 01, 2024
Last Updated: August 14, 2026

Welcome to Direct Ear LLC (“Direct Ear,” “DE LLC,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of directearllc.com (the “Website”), as well as purchases of products and services offered by Direct Ear through the Website, by telephone, by email, or through other approved methods.

By accessing the Website, creating an account, submitting information, purchasing a product or service, or otherwise using our services, you agree to these Terms. If you do not agree, please do not use the Website or purchase products or services from Direct Ear.

1. ABOUT DIRECT EAR LLC

Direct Ear LLC provides hearing aids, hearing-related products and accessories, remote programming, support, and related services.

Our contact information is:

Direct Ear LLC
620 E. Main St.
Lancaster, Ohio 43130
United States

Phone/Text: 740-652-5653
Website: directearllc.com

2. ELIGIBILITY

You must be legally capable of entering into a binding agreement to purchase products or services from Direct Ear.

By placing an order, you represent that the information you provide is accurate and that you are legally authorized to make the purchase and use the payment method provided.

If you are purchasing on behalf of another individual, you represent that you have authority to provide the information necessary for the transaction and, when applicable, authorization to communicate with Direct Ear regarding that individual's order or care.

3. HEARING AIDS AND AUDIOLOGY REVIEW

Hearing aids are individualized products. Product suitability may depend on factors including your hearing loss, audiogram, hearing history, preferences, physical fit, intended use, and other relevant information.

Direct Ear may request information before approving or fulfilling an order, including:

  • An audiogram or hearing test results;
  • Information about your current or previous hearing aids;
  • Device preferences;
  • Ear or fitting information;
  • Photographs reasonably necessary to determine fit or receiver/wire length;
  • Product color, dome, tip, receiver, or other configuration preferences; and
  • Other information reasonably necessary to recommend, configure, program, or service your hearing aids.

Submission of an order or payment does not guarantee that Direct Ear will approve or fulfill an order.

Direct Ear reserves the right to decline or cancel an order when we reasonably determine that a requested product or service is inappropriate, cannot reasonably be provided, presents regulatory or safety concerns, or is unlikely to produce an acceptable result.

If Direct Ear cancels an order after payment and before products or services have been provided, amounts paid for the cancelled portion of the order will be refunded as appropriate.

4. NOT A SUBSTITUTE FOR EMERGENCY OR IN-PERSON MEDICAL CARE

The Website, remote support, product information, and communications with Direct Ear are not intended for emergency medical situations.

If you believe you are experiencing a medical emergency, sudden hearing loss, severe ear pain, drainage, bleeding, significant dizziness, or another condition requiring immediate medical attention, seek appropriate medical care promptly.

Remote hearing-aid services have limitations and may not replace an in-person examination by a physician, audiologist, hearing healthcare professional, or other qualified provider when such an examination is medically appropriate.

5. ORDERS AND PURCHASE AGREEMENTS

Depending on the product or service, Direct Ear may communicate with you before completing an order.

You may receive an invoice, purchase agreement, product description, audiology recommendation, payment link, or other documentation describing your purchase.

You are responsible for reviewing this information carefully before approving and paying for an order.

If a purchase agreement, invoice, or other order-specific document contains terms that differ from these Terms, the more specific terms applicable to that transaction will control to the extent of the conflict.

6. PRICES AND PAYMENT

Prices are stated in U.S. dollars unless otherwise indicated.

We attempt to provide accurate pricing and product information, but errors may occasionally occur. Direct Ear reserves the right to correct pricing, typographical, product-description, availability, or other errors.

If an error materially affects an order that you have already placed, we may contact you to obtain approval before proceeding or cancel and refund the affected order.

Payment must be made using a payment method accepted by Direct Ear.

You represent that you are authorized to use any payment method submitted in connection with your purchase.

Applicable taxes, shipping charges, or other charges will be disclosed when required or included in your invoice or purchase agreement.

7. PRODUCT AVAILABILITY AND CHANGES

Product availability is not guaranteed.

Hearing-aid manufacturers may modify models, features, accessories, software, mobile applications, compatibility, packaging, warranty programs, or availability without notice to Direct Ear.

We reserve the right to discontinue products, substitute an agreed-upon product, limit quantities, or cancel an order when a product becomes unavailable.

Any material substitution will be communicated to you before fulfillment when reasonably practicable.

8. SHIPPING

Direct Ear ships hearing aids and other products using the carriers and methods made available for the applicable order.

Estimated shipping, handling, and delivery times are estimates rather than guarantees unless Direct Ear expressly agrees otherwise in writing.

You are responsible for providing a complete and accurate shipping address.

Direct Ear is not responsible for delays caused by carriers, weather, incorrect addresses, customs, governmental action, manufacturer delays, events beyond our reasonable control, or other circumstances outside Direct Ear's control.

Tracking information will generally be provided when available.

International orders may be subject to additional restrictions, taxes, duties, customs requirements, brokerage charges, or other fees. Unless otherwise expressly stated by Direct Ear, the customer is responsible for charges imposed by the destination country or other governmental authorities.

9. 75-DAY HEARING AID TRIAL AND RETURN POLICY

Hearing aid purchases include a 75-day trial period, beginning on the date the customer receives the product, subject to the applicable purchase agreement and Direct Ear's Return Policy.

Direct Ear will provide a hard return-by date for hearing aid orders. This date is important because hearing aids must be returned within the required period for Direct Ear to complete the return process with the applicable manufacturer.

If eligible hearing aids are returned by the applicable hard return-by date and the requirements of the Return Policy are satisfied, the customer is eligible for a refund of the purchase price in accordance with that policy.

Returns may be accepted for any reason during the applicable trial period.

Normal wear during the trial period is expected. Excessive, intentional, or avoidable damage may be subject to review and may affect return eligibility or refund amounts where permitted by law and applicable manufacturer policies.

Customers should return all included components and accessories when possible.

Return shipping is generally the customer's responsibility unless otherwise agreed. If Direct Ear provides a prepaid return label, the cost of that label may be deducted from the refund when disclosed in the applicable purchase agreement or return authorization.

Refunds are generally issued to the original payment method after the returned product has been received and processed.

The complete Return Policy published on the Website and any return provisions contained in your purchase agreement are incorporated into these Terms by reference.

Customers should contact Direct Ear promptly if they wish to initiate a return.

10. MANUFACTURER WARRANTIES

Hearing aids and accessories may include warranties provided by their respective manufacturers.

Warranty coverage, exclusions, duration, repair procedures, replacement policies, loss-and-damage coverage, and other warranty terms are determined by the applicable manufacturer unless Direct Ear expressly provides a separate written warranty.

Direct Ear does not control a manufacturer's warranty decisions and cannot guarantee that a manufacturer will approve a particular warranty claim.

Nothing in these Terms limits any warranty or consumer right that cannot legally be excluded or limited.

11. REMOTE PROGRAMMING AND SUPPORT

Direct Ear may provide remote hearing-aid programming, fine-tuning, troubleshooting, consultation, and support.

Remote services may require compatible hearing aids, smartphones, mobile applications, internet access, Bluetooth connectivity, manufacturer software, or other technology.

You acknowledge that remote services may be affected by connectivity, hardware, software, manufacturer systems, device compatibility, or other technical limitations outside Direct Ear's control.

You are responsible for following reasonable instructions provided for remote programming and support.

Results vary between individuals, and Direct Ear does not guarantee that any particular hearing aid, programming setting, or service will achieve a specific hearing outcome.

12. ELECTRONIC COMMUNICATIONS

When you consent to electronic communications, you authorize Direct Ear and its authorized representatives or providers to communicate with you through methods such as email, telephone, text messaging, and other approved digital communication methods.

Electronic communications may contain personal information or health-related information.

Although Direct Ear takes reasonable measures to safeguard information under its control, communications transmitted through cellular networks, email providers, device manufacturers, messaging platforms, internet providers, and other third-party systems may present privacy and security risks outside Direct Ear's control.

Additional terms concerning electronic communications may be contained in Direct Ear's Privacy Policy, HIPAA-related notices, consent forms, or purchase documentation.

13. PRIVACY AND HEALTH INFORMATION

Your use of Direct Ear's services may require the collection and processing of personal and health-related information, including information used to evaluate, configure, program, support, or service hearing aids.

Direct Ear's collection, use, storage, and disclosure of personal information is governed by applicable privacy laws and Direct Ear's posted privacy notices and policies.

Where applicable, health information will be handled in accordance with applicable federal and state privacy requirements.

These Terms do not replace any Notice of Privacy Practices, HIPAA authorization, electronic communication consent, or other privacy documentation that Direct Ear is legally required to provide.

14. ACCOUNTS

Certain Website features may permit you to create an account.

You are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account.

You agree to provide accurate information and to update it when necessary.

Notify Direct Ear promptly if you believe your account has been accessed without authorization.

Direct Ear may suspend or terminate an account reasonably believed to be fraudulent, compromised, abusive, or used in violation of these Terms.

15. ACCEPTABLE CONDUCT

You agree not to misuse the Website or Direct Ear's services.

You may not:

  • Use the Website for unlawful or fraudulent purposes;
  • Attempt to gain unauthorized access to Direct Ear systems or another person's account;
  • Introduce malicious software or interfere with Website operation;
  • Scrape, copy, or systematically extract Website content without authorization;
  • Impersonate another person;
  • Submit intentionally false or misleading information;
  • Engage in fraudulent payment activity;
  • Abuse, threaten, harass, or intimidate Direct Ear employees, contractors, providers, or representatives; or
  • Use Direct Ear's services in a manner that violates applicable law.

Direct Ear reserves the right to refuse or discontinue service when reasonably necessary to protect its employees, representatives, customers, business operations, or legal rights.

16. WEBSITE CONTENT

The Website may contain descriptions, photographs, specifications, videos, educational materials, pricing information, manufacturer information, and other content.

We attempt to keep this information accurate but do not guarantee that all Website content is complete, current, or error-free.

Product photographs may differ slightly from the actual product due to screen settings, manufacturer changes, product configurations, or other factors.

Manufacturer names, trademarks, product names, and logos belong to their respective owners.

17. INTELLECTUAL PROPERTY

Unless otherwise stated, the Website and original content created by Direct Ear, including text, graphics, logos, page designs, photographs, videos, and other materials, are owned by or licensed to Direct Ear and are protected by applicable intellectual property laws.

You may use the Website for personal, noncommercial purposes.

You may not reproduce, distribute, modify, sell, republish, or commercially exploit Direct Ear's protected content without prior written permission, except as permitted by law.

18. THIRD-PARTY SERVICES AND LINKS

The Website or our services may interact with or link to third-party websites, applications, payment processors, manufacturers, shipping carriers, communications providers, or other services.

Direct Ear does not control these third parties and is not responsible for their independent content, availability, privacy practices, security, or terms.

Your use of third-party services may be governed by separate terms between you and the applicable third party.

19. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

DIRECT EAR DOES NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, SECURE, ERROR-FREE, OR UNINTERRUPTED.

HEARING OUTCOMES VARY FROM PERSON TO PERSON. EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN WRITING OR RIGHTS THAT CANNOT LEGALLY BE DISCLAIMED, DIRECT EAR DOES NOT GUARANTEE A PARTICULAR HEARING RESULT, LEVEL OF IMPROVEMENT, DEVICE PERFORMANCE IN EVERY ENVIRONMENT, OR INDIVIDUAL SATISFACTION WITH A PARTICULAR PRODUCT.

THIS SECTION DOES NOT DISCLAIM OR LIMIT ANY WARRANTY, REMEDY, OR CONSUMER PROTECTION THAT CANNOT LAWFULLY BE DISCLAIMED.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIRECT EAR LLC AND ITS OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE WEBSITE, PRODUCTS, OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIRECT EAR'S TOTAL LIABILITY ARISING FROM A PARTICULAR PURCHASE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO DIRECT EAR FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

These limitations do not apply where liability cannot legally be excluded or limited.

21. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Direct Ear LLC and its owners, employees, contractors, and representatives from third-party claims, damages, liabilities, and reasonable costs arising from your unlawful use of the Website, fraudulent conduct, violation of these Terms, or infringement of another person's rights.

This provision does not require you to indemnify Direct Ear for conduct for which indemnification cannot legally be required.

22. FRAUD AND CHARGEBACKS

If you believe there is a problem with an order or charge, please contact Direct Ear promptly so that we can attempt to resolve the issue.

Direct Ear reserves the right to provide transaction records, shipping records, communications, purchase agreements, return records, and other relevant documentation to payment processors, financial institutions, law enforcement, or other appropriate parties when responding to a payment dispute, suspected fraud, or chargeback, subject to applicable privacy laws.

23. GOVERNING LAW

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles, except where federal law or another jurisdiction's mandatory consumer protection laws apply.

To the extent permitted by law, legal proceedings arising from these Terms or transactions with Direct Ear shall be brought in a court of competent jurisdiction serving the area in which Direct Ear LLC maintains its principal Ohio business location.

Nothing in this section deprives a consumer of protections or rights that cannot legally be waived.

24. DISPUTE RESOLUTION

Before filing a legal claim, you and Direct Ear agree to make a reasonable good-faith effort to resolve the dispute informally.

A customer may initiate informal resolution by contacting Direct Ear and describing the issue and requested resolution.

If the dispute cannot be resolved informally, either party may pursue remedies available under applicable law.

Nothing in this section prevents either party from seeking immediate relief when necessary to protect legal rights, safety, confidential information, or intellectual property.

25. FORCE MAJEURE

Direct Ear will not be responsible for delays or failures caused by circumstances beyond its reasonable control, including severe weather, natural disasters, epidemics, governmental actions, labor disruptions, transportation interruptions, carrier delays, manufacturer shortages, telecommunications failures, cyber incidents affecting third parties, or similar events.

26. TERMINATION OR REFUSAL OF SERVICE

Direct Ear reserves the right, subject to applicable law, to refuse, suspend, or discontinue service when reasonably necessary, including when:

  • A requested product is not appropriate for the customer's needs;
  • Required information cannot be obtained;
  • Fraud or unlawful activity is suspected;
  • Payment cannot be verified;
  • Providing the requested service would create unreasonable regulatory, safety, or operational concerns; or
  • A customer engages in threatening, abusive, harassing, or inappropriate conduct toward Direct Ear personnel or representatives.

Termination of future service does not eliminate rights or obligations arising from an existing transaction, including applicable return, refund, warranty, payment, or privacy obligations.

27. CHANGES TO THESE TERMS

Direct Ear may update these Terms periodically to reflect changes to our business, Website, products, services, or applicable law.

Updated Terms will be posted on the Website with a revised “Last Updated” date.

Changes will apply prospectively unless otherwise permitted or required by law.

The Terms applicable to a completed purchase will generally be those in effect when the transaction occurred, together with any purchase-specific agreement.

28. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.

29. NO WAIVER

Direct Ear's failure to enforce a provision of these Terms does not waive its right to enforce that provision or any other provision later.

30. ENTIRE AGREEMENT

These Terms, together with applicable purchase agreements, invoices, return policies, privacy notices, electronic communication consents, warranty information, and other terms expressly incorporated into a transaction, constitute the agreement between you and Direct Ear concerning the applicable Website use, product, or service.

31. CONTACT US

Questions regarding these Terms may be directed to:

Direct Ear LLC
620 E. Main St.
Lancaster, Ohio 43130
United States

Phone/Text: 740-652-5653
Website: directearllc.com

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