BLUEMOTH Terms and Conditions of Sale

Welcome to BLUEMOTH LLC (we go by “BLUEMOTH”, “we” or “us”). We own and operate the website www.stg-bluemothhearing-stage.kinsta.cloud and its associated, affiliated and successor websites and corresponding social media pages, (we refer to them collectively as the “Sites”).

These Terms and Conditions oversee the use of our Sites, the products and services that we offer, sell and provide, as well as the information that you may obtain through our Sites. It also covers any form of contact and communication with us. Your use of our products and/or services, as well as our supplying of those products and/or services creates a legally binding agreement between you and BLUEMOTH.

We value adapting to change, and thus we may need to revise these Terms and Conditions or edit or remove content from the Sites at any time, without prior notice. Any such revisions are effective upon posting. Your use of the Sites, and of BLUEMOTH’s products and services, are your consent to these Terms and Conditions, as well as any and all revisions.

I. PERMITTED USE OF THE BLUEMOTH SITES

By using our Sites, you certify that (a) you are at least eighteen (18) years old (b) you are a resident of one of the following states, in our “Service Area”. Please review the information in the link below corresponding to your state of residence for additional provisions applicable to the use of our Sites, and any information received through the Sites as well as the purchase and use of our products and services by residents of that state: stg-bluemothhearing-stage.kinsta.cloud/services-area.

BLUEMOTH grants you a (limited, non-exclusive, non-transferable, non-sublicensable) right to access and use our Sites for the purpose of looking into and ordering BLUEMOTH’s products and services, communicating with BLUEMOTH’s Sales and Customer Support Teams, and otherwise accessing and using, information and services made available by BLUEMOTH through the Sites. The Sites are provided for your personal use only under the Terms of Use (sometimes called our “Sites Policy”), for seeking assistance with better hearing. Any other use of the Sites requires the prior written consent of BLUEMOTH.
Please review our Privacy Policy at https://www.stg-bluemothhearing-stage.kinsta.cloud/bluemoth-privacy, which explains our online information practices, including how we collect, use and protect your data and information. Your use of our Sites constitutes your acknowledgement and agreement to these policies and the Sites Policy.
We often link to other websites that have information we believe you’d find interesting and beneficial. Although we like their content enough to share it with you, we do not endorse these sites and are not responsible for any of the practices or content contained on them or any information that may be collected from you by visiting their sites. Please be aware of and read the terms and conditions and privacy statements of every website that you visit.
Should you not want to receive future email communications from BLUEMOTH, please send an email to support@BLUEMOTHhearing.com. You will be provided the opportunity to opt out of marketing communications at the end of any marketing emails, and can opt out of SMS text messaging by replying “STOP” at any time. We never want to be a bother, however BLUEMOTH may need to continue sending you emails about your orders, recalls, and other commercial issues, even if you have opted out of marketing communications.
To us, protecting and supporting you means taking your data seriously. For any audiologic report (hearing test) you provide to BLUEMOTH, you represent that such document(s) were provided to you by a licensed hearing healthcare professional at a qualified test organization or clinic, within the last 6 months.
Although we never desire for this to happen, BLUEMOTH reserves the right to refuse service or the sale of products, or to discontinue or cancel any transaction or order or service, at its sole discretion and at any time, with or without notice to you or any other person. If BLUEMOTH needs to refuse or discontinue service to you after you have purchased its products or services, BLUEMOTH’s return policies described below may apply. However, if you are not entitled to a refund under those return policies, you may, in your discretion, keep your product, but you will no longer be eligible for services BLUEMOTH has refused or discontinued.

II. OBTAINING A BLUEMOTH HEARING AID

To order a BLUEMOTH Prescription Hearing Aid, you are required to provide to us an audiologic report (hearing test) provided by an audiologist, a hearing specialist, or another person or entity licensed or qualified to produce such reports. BLUEMOTH and its personnel will rely on the audiologic report provided by you. BLUEMOTH and their employees do not conduct independent medical evaluations or hearing tests for BLUEMOTH. Any communication you have with BLUEMOTH or any of its personnel is solely for purposes of fitting your hearing aid or for informational purposes only in connection with the use, repair or replacement of the hearing aid. If BLUEMOTH or any of its personnel determines, in their absolute discretion, that based on the audiologic report or prescription, or any other information provided that a BLUEMOTH product would not be appropriate, BLUEMOTH reserves the right to deny the sale of a BLUEMOTH Hearing Aid.

Our Sites allow you to submit orders for products and services (“Order(s)”) and you may be asked to supply certain information relevant to your Order including, without limitation, your credit card or debit card number and expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD(S) OR DEBIT CARD(S) OR CHECKING ACCOUNTS OR OTHER PAYMENT METHOD(S) USED BY YOU IN CONNECTION WITH ANY TRANSACTION, AND THAT ALL INFORMATION PROVIDED IN ANY FINANCING APPLICATION IS TRUTHFUL AND CORRECT. By submitting such information, you grant BLUEMOTH the right to provide such information to third parties for the purposes of facilitating the completion of Orders initiated by you or on your behalf. We may require verification of information prior to the acknowledgment or completion of any Order. It is your responsibility to ascertain and comply with all applicable laws with regard to the receipt, possession, use, and sale of any item purchased from the Sites. BLUEMOTH reserves the right, at its sole discretion, to refuse or cancel any Order for any reason. An Order may not be fulfilled if you are a resident located outside the BLUEMOTH Service Area as stated above. Excluded territories may change at any time at BLUEMOTH’s discretion.

You have the right to cancel any Order within five (5) days of the date of submission of the Order to BLUEMOTH by confirmed email to BLUEMOTH at support@bluemothhearing.com, after which period, you agree to pay all charges that may be incurred by you or on your behalf in connection with all Orders placed through the Sites, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you are responsible for any applicable taxes in connection with your Order. If you choose to seek reimbursement from insurance, you are financially responsible to BLUEMOTH for the total cost of your purchase(s). While BLUEMOTH may provide to you documentation required by your insurer, it will not participate in the claim for insurance. Purchases by you are self-pay.

The Order process begins with you submitting our order form and uploading on the Sites your audiologic report or prescription. As part of the order form, you will be required to confirm your certification of being at least eighteen years old and your state of residence. You will also be required to acknowledge that as an alternative to the use of a BLUEMOTH hearing device, you may at any time seek a medical evaluation by a licensed physician (preferably one who specializes in diseases of the ear). We can only act on your order if you have uploaded the audiologic report or prescription connected with your order. Your order will be otherwise canceled. Instructions for uploading the report or prescription are on our Sites and may also be obtained by contacting us by phone, text or email. If you have questions about this process, we’re here to help.

Unless we determine that a BLUEMOTH product would not be appropriate, you may order the products directly from us based on the product prices, descriptions, delivery options, and terms and conditions then contained on our Sites or you may elect to purchase our “BLUEMOTH Experience Box.” The “BLUEMOTH Experience Box” will be shipped to your home after our receipt of your $1000 deposit and will consist of three sets of hearing devices which will be programmed based on the audiologic report or prescription that you have uploaded on our Site. You will have seven (7) days from the delivery of the Experience Box to your provided shipping address to trial the three sets of devices. After this period, you must return the demo devices to us in the return labeled envelope provided in your Experience Box, already prepared with a prepaid shipping label for mailing to us. If we do not receive the test devices within 21 days of their delivery to you, you will be charged for the demo devices at $250 per set, plus the cost of the Experience Box ($250), totalling the $1000 deposit.

There are no fine tuning follow-up services provided for the test/demo devices. Our customer service and Audiology teams are available during your Experience Box process in order to answer any questions you may have and to assist you in ordering the best devices for you. We will arrange for shipment of devices and the associated accessories to you. Please check the individual product page for specific delivery options.

We describe our merchandise and include pictures and photographs on our Sites, but sometimes the product varies slightly from the picture or description due to changes made by our manufacturers, and we are not liable for these nonmaterial changes. All descriptions, images, references, content, specifications, products, and prices of products described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products on the Sites at a particular time does not guarantee that such products will be available at the time of your Order. Products and their prices are dependent on their supply from our manufacturer, based on third party purchases on an independent commercial basis.

In addition, the Sites may include inaccuracies or errors including pricing errors. BLUEMOTH reserves the right to correct any pricing errors on the Sites and/or pending Orders made under an incorrect price. In such an event, if available, BLUEMOTH will offer you the opportunity to keep your pending Order at the correct price or BLUEMOTH will cancel your Order without penalty.

You will pay all shipping and handling charges, as well as any applicable state taxes specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are solely responsible for your payment information and any other content you submit on or through the Sites in connection with your Order (collectively, the “Payment Information”). We have the right, but not the obligation, to decline all or any portion of any Payment Information for any reason or no reason.

III. DISCLAIMERS AND LIMITATIONS

NO MEDICAL ADVICE AND DISCLAIMER OF WARRANTY ON SITES

The information that you may obtain from the Sites is being provided solely for informational purposes. The Sites and their content and any communications with BLUEMOTH personnel are not guaranteed to be 100% accurate or error free. THE INFORMATION PROVIDED ON THE SITES OR RECEIVED IN COMMUNICATIONS WITH BLUEMOTH PERSONNEL ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR GUARANTY AND ARE NOT MEANT TO BE, AND ARE NOT, MEDICAL ADVICE OR A SUBSTITUTE FOR THE ADVICE OF A HEALTHCARE PROFESSIONAL. YOU ACKNOWLEDGE THAT HEARING LOSS COULD BE AN INDICATOR OF SOMETHING MORE SERIOUS, INCLUDING LIFE-THREATENING, CONDITION OR ILLNESS, AND THAT YOU SHOULD SEEK CARE FROM A HEALTH CARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEARING LOSS OR HEALTH.

DISCLAIMER OF PRODUCT OR SERVICES WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED BELOW IN THESE TERMS AND CONDITIONS (SEE WARRANTY PROGRAM, BELOW), ALL PRODUCTS, SERVICES AND INFORMATION FROM BLUEMOTH ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, EXPRESS OR IMPLIED. BLUEMOTH EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If any applicable law does not allow or limits the exclusion of certain warranties, the disclaimers and limitations above will apply to you only to the extent applicable law permits.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, BLUEMOTH AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS, AND OTHER REPRESENTATIVES, (ALL OF THE FOREGOING BEING COLLECTIVELY, “BLUEMOTH PARTIES”), DISCLAIM AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH THE SITES, OR THE CONTENT OF THE SITES, OR YOUR PURCHASE OR USE OFANY PRODUCTS, SERVICES OR INFORMATION FROM BLUEMOTH, INCLUDING WITHOUT LIMITATION ANY DEFECT OR FAILURE IN THE PERFORMANCE OF THE SITES OR ANY SUCH PRODUCTS OR SERVICES, EVEN IF BLUEMOTH HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITES, ANY WEBSITE, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES, ANY CONTENT ON THE SITES, OR SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO SUCH CONTENT, OR ANY PRODUCT OR SERVICES OR ITEMS OBTAINED THROUGH THE SITES, OR THROUGH SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES ; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SITES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLUEMOTH PARTIES’ AGGREGATE LIABILITY FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE GREATER OF (i) FIVE HUNDRED DOLLARS ($500); OR (ii) THE AMOUNTS ACTUALLY PAID BY YOU TO BLUEMOTH FOR ANY SUCH PRODUCTS OR SERVICES.

INDEMNIFICATION: You agree to indemnify, defend and hold harmless BLUEMOTH, and the other BLUEMOTH Parties from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms and Conditions of Sale or of the Terms of Use for the Sites (ii) any use of the Sites or products other than as expressly authorized in the Terms of Use or these Terms and Conditions of Sale or in any instructions supplied with the products; or (iii) your failure to comply with applicable law.

IV. INITIAL PERIOD RETURN POLICY (WITHOUT WARRANTY CLAIM)

Within 45 days from the date the item was delivered to your designated address, a hearing aid or accessory may be returned to BLUEMOTH for a full refund of the purchase price. The returned items (to include all batteries, cords, accessories and other items) must be in the same condition as you originally received them, ordinary wear and tear excepted. To be entitled to a refund, you will need to initiate the return with BLUEMOTH support no later than midnight EST on the 45th day following your original receipt of the returned item(s), and all returned items need to be received by BLUEMOTH within 14 days after the end of that 45th day.

V. WARRANTY PROGRAM AND RETURN POLICY.

BLUEMOTH also warrants the hearing aid and accessories as follows:

Standard Warranty Period and Covered Services: BLUEMOTH provides three (3) years of repair warranty and three (3) years of hearing aid loss and damage coverage for all BLUEMOTH hearing aid purchases and one (1) year of repair warranty (only) for any charging case and other accessories provided by the manufacturer for the specific hearing aid at the time of sale. This limited warranty covers defects in material and workmanship for the hearing devices, charger, and any such accessories within the limited warranty period and is guaranteed by BLUEMOTH, Inc. It is the intent of the repair that BLUEMOTH will secure functionality at least equivalent to the original hearing device. At the discretion of BLUEMOTH, hearing devices may be replaced by new products or products manufactured from new or serviceable used parts or may be repaired using new or refurbished replacement parts. Unlimited repairs during the warranty period for repairs covered by the warranty terms is BLUEMOTH’s only responsibility and liability. If it falls under what’s described here, we have you covered.
Product warranties commence on the date of purchase. BLUEMOTH will make every effort to perform any required repair or replacement of a BLUEMOTH hearing aid product in a timely manner. To assist us, please send the returned product in its original packaging with a completed BLUEMOTH Repair Service Form (if required for that returned product). Any repair or replaced product keeps the original warranty commencement date (i.e. the original date of purchase), and the warranty period is not extended.
Any hearing aid or covered accessory that is stolen, lost or catastrophically damaged can be replaced under BLUEMOTH’s loss and damage policy while the product is under that policy’s coverage. For hearing aids, the replacement must be for the same customer and the same ear, and it must include the same options package as the original hearing aid. The following deductibles apply and will be the responsibility of the user:

BLUEMOTH hearing aid per-unit deductible: $450
BLUEMOTH charging case (rechargeable models only): $200

A hearing aid may be replaced (and not returned for credit) only once under that loss and damage program. Contact BLUEMOTH support to file a claim under that program. Ownership of the lost or damaged unit will revert to BLUEMOTH, and the commencement date for any product warranty and the warranty period for the replaced product remains the same that was applicable to the product being replaced. You will need to pay the applicable deductible and return the defective or damaged device before being sent a replacement. You must ensure that the correct device is returned to BLUEMOTH. BLUEMOTH, at its discretion, may provide you with a loaner device during the period of repair. If you do not return such loaner device within five (5) days of your receipt of the repaired device, you authorize BLUEMOTH to charge you for the full value of the loaner device which you hereby agree to pay within thirty (30) days of receipt of invoice.

Beyond the warranty period, BLUEMOTH will accept for repair and other necessary services at your cost any BLUEMOTH hearing aid or originally included accessory for a period of five (5) years from the date of the hearing aid purchase. BLUEMOTH shall deliver an itemized bill showing the repair and service provided and the charge therefor. No work will be performed unless you the customer shall have been first advised of the work to be performed and the charge therefor, and shall have approved and provided advance payment for the same. Shipping charges for out-of-warranty repairs to and from BLUEMOTH are the customer’s responsibility.
Products and services purchased from the Sites are personal to the individual purchaser (as they may have been personally programmed for that purchaser). Those products and related services may not be resold, leased, transferred or otherwise distributed under any conditions or circumstances. Any transfer to, or the use by any other person of such products or services will render the warranty and other policies null and void. BLUEMOTH will not be required to provide support or any other services to such other person.

VI. CUSTOMER SUPPORT:

If you have any questions or concerns regarding the Sites or BLUEMOTH’s products or services which are not answered by visiting the Sites, please contact BLUEMOTH support at support@BLUEMOTHhearing.com or (855) 854-6684. Customer support is limited to responding to inquiries sent through BLUEMOTH’s standard support communication channels stated on the Sites. Such support is subject to the availability of the appropriate BLUEMOTH personnel. BLUEMOTH does not commit or guarantee the response or resolution times to address problems. Support provided by BLUEMOTH’s hearing instrument specialists is only available to customers located within BLUEMOTH’s Service Area. You understand and agree that any customer service and support offered and provided by BLUEMOTH is not for medical or health matters or emergencies. Support will not be provided to customers or others who are abusive, as determined in BLUEMOTH’s discretion.
PLEASE DO NOT CONTACT CUSTOMER SERVICE OR SUPPORT OFFERED BY BLUEMOTH WITH ANY LIFE, HEALTH OR MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR ANY OTHER AVAILABLE AND APPROPRIATE EMERGENCY RESPONSE SERVICE.
Permission for Hearing Instrument Support Services. You give permission for our team of hearing healthcare providers to assist you with your hearing device. Those support services are included in the price of the hearing instrument and include those services reasonably required for any adjustments to the hearing device or to answer questions on its maintenance, care and use. You may withdraw this consent at any time by written notification to support@bluemothhearing.com, in which case you will no longer be able to receive hearing instrument support services from BLUEMOTH.
You understand and agree that as part of providing hearing care services to you, your health information, including audiogram and prescription submissions, may be displayed to you in an online personal health record and communicated to you by BLUEMOTH’s Audiology, Customer and Hearing Instrument Support teams electronically.
Qualifications and credentials of BLUEMOTH’s licensed staff are displayed on its website from time to time.

VII. GENERAL PROVISIONS

Severability: If any provision of the Terms and Conditions is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminates or limits the invalidity, illegality or unenforceability to the minimum extent necessary, and the other provisions of the Terms and Conditions will remain in full force and effect.
Waiver; Remedies: The failure of BLUEMOTH to partially or fully exercise any rights or the waiver of BLUEMOTH of any breach of these Terms and Conditions shall not prevent a subsequent exercise of such right by BLUEMOTH or be deemed a waiver by BLUEMOTH of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of BLUEMOTH under these Terms and Conditions and any other applicable agreement between you and BLUEMOTH shall be cumulative, and the exercise of any such right or remedy shall not limit BLUEMOTH’s right to exercise any other right or remedy.
Survival: The provisions “No Medical Advice and Disclaimer of Warranty on Sites”, “Disclaimer of Products or Service Warranties”, “Limitation of Liability”, “Choice of Law and Forum Selection”, “Indemnification”, all sections covering BLUEMOTH’s “proprietary rights” and rights and obligations under those Terms and Conditions which by their nature should survive will survive the termination of these Terms and Conditions.
International Access: Our Sites are provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Sites. We make no representations regarding the legality of the Sites in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Force Majeure: We will not be liable or responsible to you, nor be deemed to have breached any obligation under these Terms and Conditions, for any failure or delay in our performance to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Errors, Inaccuracies, and Omissions on Sites. Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. BLUEMOTH reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Sites or on any related Sites is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on the Sites or on any related Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Sites or on any related Sites, should be taken to indicate that all information on the Sites or on any related Sites has been modified or updated.

Entire Agreement. These terms and Conditions of Sale and any documents expressly incorporated herein (including, without limitation, the Terms of Use and the Privacy Policy) constitute the entire agreement between you and BLUEMOTH relating to their subject matter, and cancel and supersede any prior versions of the Terms and Conditions and any other prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites or BLUEMOTH’s products or services. No modification to the Terms and Conditions will be binding on BLUEMOTH, unless in writing and signed by an authorized BLUEMOTH representative or posted by BLUEMOTH to the Sites. You may not assign, sublicense, delegate, or otherwise transfer the Terms and Conditions or any right granted hereunder.
No Waiver. No waiver by BLUEMOTH or failure to exercise promptly any right of BLUEMOTH under the Terms and Conditions will create or be deemed to create a further or continuing waiver or any expectation of non-enforcement.
Contact Information. You may send your general questions regarding the Sites products or services to the contact listed below:

BLUEMOTH
4564 Somerset Blvd SE
Bellevue WASHINGTON 98006
Attn: Support

Email: support@bluemothhearing.com

Choice of Law and Forum Selection. These Terms and Conditions and all matters relating hereto or to the Sites shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Washington, United States, without regard to conflicts of law provisions thereof. Any disputes or controversies shall be decided by a state or federal court serving King County, Washington, United States. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.
Equitable Relief. You agree that any material breach of these Terms and Conditions will result in irreparable harm to BLUEMOTH for which Damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, BLUEMOTH will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if BLUEMOTH seeks such an injunction.

QUESTIONS: Should you have any questions regarding these Terms and Conditions you may contact us at support@BLUEMOTHhearing.com