Terms and Conditions
Prior to utilizing our Services, providing personal information, or making any purchases through this
website, it is essential that you carefully read, comprehend, and fully accept all of our Terms and
Conditions. By clicking to make a purchase via a one-time payment, you enter into legal obligations, and
your right to obtain a refund for any charges incurred through credit card or any other agreed payment
method is subject to the limitations outlined in our Terms & Conditions. Once payment has been made
for your purchase, regardless of the payment method, it is considered that you have read, understood,
and agreed to the Terms and Conditions. Should you have any inquiries, kindly reach out to us before
subscribing or making any purchase for any Service or product through this website.
Under the F.D.A.’s new rule, people with mild to moderate hearing loss should be able to buy hearing
aids online and in retail stores, without being required to see a doctor for an exam to get a prescription.
The rule is expected to lower the cost of hearings aids. It is designed to assure the safety and
effectiveness of OTC hearing aids, while fostering innovation and competition in the hearing aid
RxHearing Aids Inc, (“we”, “us”, “our”, “RxHearing ”, “RxHearing Aids”, “The Company”) a Florida
Corporation, owns and/or licenses these websites; www.RxHearing.com, www.RxHearingAids.com,
This Service is not designed to provide professional diagnosis or treatment services to you or any other
individual. Through this Service and links to other web sites, RxHearing provides general healthcare
information for educational and informative purposes only and is not a healthcare provider. The
information provided on our products and services, or through links to other web sites, or by
employees, agents or representatives of RxHearing on or off this these websites, by chat, email,
telephone, in person or through any other form of communication, is not a substitute for medical or
professional care, and you should not use the information in place of a visit, call, consultation or the
advice of your physician or other healthcare provider. More specifically, our online hearing test is not a
medical diagnosis of your hearing ability. RxHearing is not liable or responsible for any advice, course of
treatment, diagnosis or any other information or product you obtain through this Service. Never rely on
information on these websites in place of seeking professional medical advice. Never disregard
professional medical advice or delay in seeking it because of something you have read on this Service.
You should also ask your physician or other healthcare provider to assist you in interpreting any
information on these websites or on any linked websites, or in applying the information to your
individual case. Medical information changes constantly. Therefore, the information on these websites
or on any linked web sites should not be considered current, complete or exhaustive, nor should you
rely on such information to recommend a course of treatment for you or any other individual.
The Service provides you with the ability 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 to RxHearing the
right to provide such information to third parties for 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 this
Service. RxHearing 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 located outside the Service’s authorized shipping area. Excluded
territories may change at any time at RxHearing’s discretion.
You agree to pay all charges that may be incurred by you or on your behalf in connection with all Orders
placed through the Service, 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.
We will arrange for shipment of the products to you. Please check the individual product page for
specific delivery options. You will pay all shipping and handling charges 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
You are solely responsible for your payment information and any other content you submit on or
through the Service 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.
We describe our merchandise and include pictures and photographs on our Services, 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 Service are subject to
change at any time without notice. The inclusion of any products on this Service at a particular time
does not guarantee that such products will be available.
In addition, these websites may include inaccuracies or errors including pricing errors. RxHearing
reserves the right to correct any pricing errors on the Service and/or pending Orders made under an
incorrect price. In such event, if available, RxHearing will offer you the opportunity to keep your pending
Order at the correct price or RxHearing will cancel your Order without penalty.
To place an Order, you must be over 18 years old, and entitled to purchase a hearing aid device.
These Terms and Conditions ("Terms"), establish the legal relationship between you (the product user,
lessee and/or subscriber, website browser, and purchaser of products or services). These Terms will
become binding upon your decision to utilize our Services and will be governed exclusively by the laws
of the State of Florida. Any disputes arising from these Terms will be subject to the jurisdiction of the
courts of the State of Florida, including both state and federal courts. No choice-of-law or conflict-of-law
rules or provisions will be applied that would result in the application of the law of any jurisdiction other
than the State of Florida. It is important to note that any legal claim against us must be initiated within
one year from the time the claim or cause of action arises. Failure to do so will invalidate your claim
against us. If a claim or cause of action does arise, please forward it to the following email address:
firstname.lastname@example.org. In the event that any provision within these Terms is deemed invalid by a
competent court with proper jurisdiction, the remaining provisions of these Terms will remain in full
force and effect. Any waiver included in the Terms does not constitute a continuing waiver of that
provision or any other provision.
This website is intended for individuals who are 18 years of age or older. You must be 18 years of age or
older to purchase ONLINE or IN-Store from a Retail location offering RxHearing aids. By using this
website, you acknowledge the responsibility to maintain the confidentiality of your account and any
login information created during your use of the site. In the event of unauthorized use of your account,
it is your obligation to promptly notify us of the security breach. This website is provided to you on the
condition that you accept these Terms. By accessing and using this website, making a purchase, you
applicable. You expressly warrant and undertake not to use this website for any activities prohibited by
these Terms. Your usage of this website is restricted to browsing its content, subscribing, and making
legitimate purchases. You shall not use this website for any other purposes, including speculative, false,
or fraudulent purchases. Unauthorized use of this website and/or its materials may violate copyright,
trademark, or other intellectual property laws, as well as other applicable laws. Consequently, we
reserve the right to take appropriate actions and remedies available to us under the law in response to
any detected or identified violations or infringements. You may not, under any circumstances, resell any
products you purchase from or through RxHearing, whether or not you purchased the products through
the Service. You represent and warrant that you are buying products from these websites for your own
personal use only, and not for resale or export.
We retain the right to: Modify or remove the website (or any portion thereof), temporarily or
permanently, with or without notifying you. You acknowledge that we shall not be held liable to you or
any third party for any modifications or removals to the website. Make changes, amendments,
modifications, additions, or removals to these Terms periodically. Your continued use of the website (or
any part thereof) and/or the Services following such changes will be considered as your acceptance of
the updated Terms. The revised Terms will become effective once posted on this website. It is your
responsibility to regularly check for any changes to the Terms. If you do not agree to any modified
Terms, you must immediately cease using the website or Services. We will make reasonable efforts to
maintain the website. However, we do not assume responsibility for any loss of data. The website is
subject to periodic changes. You are not entitled to compensation if you are unable to use any part of
the website or experience a failure, suspension, or removal of the website, either in whole or in part,
due to circumstances beyond our control.
By using this website, making a purchase, or subscribing to our services, you agree to provide us with
accurate, current, and complete information for your account, subscription, and orders ("Account
Information"). It is your responsibility to ensure that your Account Information remains truthful and
accurate by promptly updating it in the event of any changes. If we have reasonable grounds to believe
that the provided information is untrue or inaccurate, we reserve the right to suspend or terminate your
account and restrict your current and future use of the website and its services. We retain the right to
refuse service, discontinue transactions, terminate accounts, and cancel orders or subscriptions at our
In order to access certain services on these websites, you will be required to provide specific
information. All information about you must be correct, current and complete, and you may not use any
aliases or other means to mask your true identity. Any access codes or passwords provided should be
safeguarded at all times. You acknowledge that your account is personal to you and agree not to provide
any other person with access to this Service or portions of it using your user name, password, or other
security information. You are responsible for the security of your access codes and passwords and will
be solely liable for any use or unauthorized use under such access codes or passwords. You agree to
notify us immediately of any unauthorized access to or use of your user name or password or any other
breach of security. We may suspend or terminate your access at any time with or without notice.
Additionally, we may modify or discontinue the Service, with or without notice to you and that we will
not be liable to you or any third party as a result of such modification or discontinuation.
YOU MAY PROVIDE US MEDICAL INFORMATION, INCLUDING AN AUDIOGRAM OR AN AUDIOLOGIST
REPORT. YOU REPRESENT THAT THE MEDICAL INFORMATION YOU PROVIDE US, WAS PROVIDED TO YOU
BY A REGISTERED MEDICAL PRACTITIONER (PREFERABLY AN AUDIOLOGIST) AFTER APPROPRIATE
Permission to Treat. You give permission for our team of hearing care professionals to care for you. You
may withdraw this consent at any time by written notification email@example.com, in which case
you will no longer be able to receive hearing care services from RxHearing. You understand and agree
that as part of providing hearing care services to you, your health information, including audiogram
submissions, may be displayed to you in an online personal health record and communicated to you by
RxHearing Audiology and Customer Support teams electronically.
Permission for Telehealth Services. As part of its hearing care services, RxHearing may provide certain
Telehealth services to you. You consent to receive emails or other electronic communications from
RxHearing pertaining to your hearing care and your health, which may include health information. You
understand that virtual encounters via phone, email, video, or otherwise could involve, and you hereby
consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to
hearing matters. You also acknowledge that such virtual encounters may involve care by a variety of
hearing care professionals, including audiologists, licensed hearing care specialists, pharmacists,
physicians, hearing aid dispensers, and various support personnel.
You give permission and consent to RxHearing and other health professionals to record and process
your personal details and hearing health data. You may withdraw these permissions at any time by
written notification to firstname.lastname@example.org, in which case you will no longer be able to receive
Telehealth services from RxHearing. Upon your withdrawal notice, RxHearing will remove all of your
personal hearing health data from our system(s).
"Telehealth" is the delivery of healthcare services using technology when the healthcare provider and
patient are not in the same physical location, and/or the virtual delivery of healthcare services, including
by a medical provider or via digital or automated tools, such as tools for medical or health-related
diagnosis and treatment. The Telehealth services may be used for diagnosis, treatment, care, follow-up
and/or patient education, and may include, without limitation, the following: electronic transmission of
patient medical records, medical images, and/or other patient data or information; synchronous (i.e.,
"real time") and asynchronous (i.e., non-"real time") interactions via audio, video, text, and/or data or
other electronic communications; automated, electronic or digital tools or services for diagnosis, care,
treatment and/or communication pertaining to healthcare or medical matters; and output, transmission
or exchange of data from medical devices, sound and video files. Further, you understand that it may be
possible that your condition cannot be treated via the Telehealth services, or that information
transmitted through the Telehealth services may not be sufficient, or insufficient information or data to
allow for appropriate medical decision making. Accordingly, you may be advised to seek additional in-
person medical care, alternative healthcare or emergency services. If your health or medical problem or
condition persists or worsens after use of Telehealth services, you should immediately contact your
medical services provider and seek appropriate additional in-person medical care or emergency care, as
Your Financial Responsibility. If you choose to seek out-of-network reimbursement from insurance, you
are still financially responsible to RxHearing for the total cost of your purchase(s).
RXHEARING AIDS INC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, DATA LOSS,
LOST REVENUES, AND LOST PROFIT) WHICH MAY RESULT FROM THE INABILITY TO USE OR THE CORRECT
OR INCORRECT USE, ABUSE, OR MISUSE OF THESE CONTENTS, EVEN IF THE PROVIDERS HAVE BEEN
INFORMED OF THE POSSIBILITIES OF SUCH DAMAGES. THE PROVIDERS CANNOT ASSUME ANY
OBLIGATION OR RESPONSIBILITY FOR ANY LOSSES OR DAMAGES THAT MAY OCCUR AS A RESULT OF
YOUR USE OF THIS WEBSITE OR ITS CONTENTS.
The content on this website is provided on an "as is" basis without any warranty, whether expressed or
implied. We do not guarantee the accuracy, merchantability, fitness for a particular purpose, or non-
infringement of the contents. We make no warranty, expressed or implied, regarding the suitability or
appropriateness of the services for any specific use or purpose. Except as expressly stated herein, we
disclaim all other warranties to the fullest extent permitted by law. The owner of this website, the
authors of the content, and any individuals or entities connected to us or this website in any manner
(referred to collectively as "Providers") shall not be held responsible for any errors or omissions in the
content. Furthermore, we do not warrant, guarantee, or make any representation regarding the safety,
reliability, accuracy, correctness, or completeness of the content. It is your responsibility to verify the
accuracy and suitability of any information provided on this website before making any decisions or
taking any actions based on such information. Any reliance you place on the content of this website is at
your own risk. We recommend seeking professional advice or assistance for specific matters. We reserve
the right to modify, update, or remove the content on this website at any time without notice. We are
not liable for any damages or losses arising from the use or inability to use this website or its contents.
This includes but is not limited to direct, indirect, incidental, consequential, or punitive damages. Please
note that laws and regulations may vary by jurisdiction, and it is your responsibility to comply with
applicable laws when using this website and its services..
The use of this website and Services is forbidden in those places where the law does not allow this
disclaimer to take full effect. Use of this website and Services is at your own risk. You expressly warrant
that we will not be held liable for any claims resulting from your use of this website or the Services
contrary to these Terms. You hereby acknowledge and undertake that you have (and will continue) to
submit truthful information/representations when answering questions regarding your hearing health
which may flag you by our Service and advise that you seek professional medical attention. The Services
are not a replacement for a medical service and you hereby acknowledge this and indemnify us against
your misuse of our Service or your misrepresentation while using our Service.
Notwithstanding the above, nothing in these Terms shall limit or exclude our liability for: Death or
personal injury caused by our negligence. Fraud or fraudulent misrepresentation by us. Any matter for
which it would be illegal for us to exclude or attempt to exclude our liability. In these exceptional
circumstances, our liability remains applicable and cannot be limited or excluded by these Terms.
RXHEARING AIDS INC shall not be liable for any special, incidental, indirect, or consequential losses
and/or damages arising from the use of the services or the breach of any obligations owed to you, the
purchaser, or any third party. Our total liability, whether in contract, tort, breach of statutory duty,
restitution, or otherwise, in connection with the services and any resulting loss or damage, shall not
exceed the total amount paid by you to us, specifically relating to the loss or damage incurred.
To the maximum extent permitted by applicable law, RxHearing Aids Inc., its affiliates, employees,
agents, and representatives shall not be liable to you or any third party for any liability, losses, damages,
and/or costs or expenses, whether special, direct, indirect, or consequential in nature. This includes but
is not limited to loss of income, loss of profits, loss of business information, business interruption, and
any death or personal injury caused by any nature whatsoever arising from the use of your hearing
aid(s), the Rewards Program, the RxHearing Hearing Care App, and other RxHearing platforms. By using
these services, you hereby indemnify us against any such liability.
You expressly agree to release us and/or our Providers from any and all liability associated with your use
of our platforms and agree not to file any claims, take any actions, or seek damages or losses against us
in connection with your use of these platforms. You acknowledge that, to the extent permitted by law,
we shall not be held liable to you or any third party for any direct, indirect, punitive, incidental, special,
or consequential damages arising from or in any way connected with the following: Your use or misuse
of our platforms. Your use or misuse of equipment or programs created or licensed by us. Any delay or
inability to use benefits associated with our platforms. Any information, software, products, services, or
content on our platforms. This limitation of liability applies whether the claims are based on contract,
tort, strict liability, or any other legal theory, even if we have been advised of the possibility of damages.
Minors under the age of 18 are not permitted to use our Services or purchase our hearing aids. It is
recommended that you consult a doctor, preferably an ear, nose, and throat specialist (ENT), as your
condition requires specialized care. Our hearing aids are specifically designed for individuals aged 18 and
above, targeting mild to moderate hearing loss in adults. If you are experiencing any of the following
symptoms, you may be dealing with this type of hearing loss: Difficulty hearing or comprehending
conversations, particularly in group settings, noisy environments, or when the speaker is not visible.
Challenges in hearing during telephone conversations. Fatigue caused by increased effort required for
listening. Needing to raise the volume of the television, radio, or music higher than usual, or to a level
where others complain. For assistance, we recommend consulting a hearing healthcare professional.
However, it is important to note that our devices may not be suitable for individuals with more
significant hearing loss or complex hearing needs. If you are unable to hear conversations in quiet
environments or struggle with loud sounds such as music, motor vehicles, power tools, or noisy
appliances, our device may not provide substantial improvement in your hearing abilities. Should you try
our devices and still face difficulties or concerns about your hearing, we strongly advise seeking a
consultation with a hearing healthcare professional. Medical Attention Required: Before purchasing our
devices, it is crucial that you promptly consult with a licensed physician, particularly an ear specialist, if
you exhibit any of the following conditions: Visible deformity of the ear, either present since birth or due
to trauma. Discharge of fluid, pus, or blood from the ear within the past 6 months Ear pain or
discomfort. History of excessive earwax or suspicion of foreign objects in the ear canal. Episodes of
vertigo (sensation of spinning or swaying) or severe dizziness. Sudden, rapidly deteriorating, or
fluctuating hearing loss within the past 6 months. Changes in your hearing, where it worsens and then
improves again. Significant disparity in hearing ability between your ears. Hearing a ringing or buzzing
sound in only one ear. Comfortable Usage: Inserting the hearing aid device should not cause any pain. If
you experience discomfort or pain during insertion, remove the device from your ear. If you continue to
experience pain or discomfort, we recommend contacting your hearing healthcare professional.
The sound output should not be uncomfortable or painful: You should turn down the volume or remove
the hearing aids if the sound output is uncomfortably loud or painful. If you consistently need to turn
the volume down, you may need to further adjust your hearing aids. You can seek medical help if a
hearing piece gets stuck in your ear: If any part of your hearing aid, like the eartip, gets stuck in your ear,
and you can’t easily remove it with your fingers, get medical help as soon as you can. You should not try
to use tweezers or cotton swabs because they can push the part farther into your ear, injuring your
eardrum or ear canal, which could lead to serious injuries. If you remain concerned, consult with a
professional: If you try our hearing aids and continue to struggle with or remain concerned about your
hearing, you should consult with a hearing healthcare professional. More information, including the user
instructional brochures, can be found on RxHearing.com.
You are advised that it is in your best health interest to consult a physician or healthcare professional
before making any medical decisions. It should be noted that hearing aids/ instruments cannot restore
normal hearing and will not prevent or improve any hearing impairment. You are urged to use your
hearing aid frequently to obtain full benefit from it. When you Subscribe or purchase a hearing aid or
accessories from us, you warrant that you are 18 years of age or older.
Third-Party Links In an attempt to provide increased value to our Users, we may provide links to other
websites or resources. You acknowledge and agree that we are not responsible for the availability of
such external sites or resources, and do not endorse and are not responsible or liable, directly or
indirectly, for the privacy practices or the content (including misrepresentative or defamatory content)
of such websites. Including (without limitation) any advertising, products, or other materials or services
on or available from such websites or resources, nor for reliance on any such content, goods, or services
available on such external websites or resources.
Reviews, Comments, Communications, And Other Content You may post reviews, comments, photos,
and other content and submit communications or other information to our social media platforms,
websites, or through our Services, only if the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, objectionable, infringing of intellectual property rights or otherwise injurious to third
parties and does not consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any form of “spam” or unsolicited commercial electronic
messages. We reserve the right (but not the obligation) to remove or edit such content. When you post
content or submit material, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute and display such content throughout the world in any media. You further grant us and any of
our sublicensees or subsidiaries the right to use the name that you submit in connection with such
content. You represent and warrant that you own or otherwise control all of the rights to the content
that you post; that the content is accurate; that use of the content you supply does not violate this
agreement and will not cause injury to any person or entity; and that you will indemnify RxHearing for
all claims that may result from the content you supply. You are solely responsible for your own
communications and the consequences of posting those communications. We take no responsibility and
assume no liability for any content posted by you or any third party. We reserve the right, but not the
obligation, to monitor and edit or remove any activity or content that you may submit or make available
on any of our social media platforms, websites or through our Services.
Our online hearing test uses audio files and software developed by RxHearing Aids Inc. This test is
developed to help you identify the possibility of some form of hearing impairment. This online hearing
test is not a diagnostic hearing evaluation. Your degree of Severe or Profound hearing loss, if any, cannot
be diagnosed through this online test. You are urged to consult a healthcare professional for an official
We reserve the right to refuse Service, discontinue transactions, terminate accounts and/or cancel
orders at our sole discretion. Free shipping: We offer you the option of free shipping of your hearing aid
devices and where applicable, care kits. Please note that any return shipping or re-shipping costs will be
for your own account.
Promotional Discounts Codes: “Promo”: How to use your Promo on selected items: Add an item to the
shopping cart. Look for the box that allows for the addition of a Promo code on the checkout page
above the payment breakdown. Enter your code into the box and press 'submit'. Be sure to check that
the Promo was redeemed before continuing. Discount Promos will be limited to the terms stated on the
Promo and will only be issued to registered users, 18 years of age or older. A maximum of one Promo is
allowed per order. The Promo code, expiry date, and discount applicable to the Promo will be detailed
on each Promo. Promos have no cash value and are non-refundable and cannot be exchanged either
fully or in part for cash of any amount. The Promo is redeemable in its entirety in a single transaction
only and may not be redeemed incrementally. The Promo discount and any minimum spend
requirements as set forth on the Promo itself will be applied to the purchase price of eligible products
only. The Promo may not be applied towards the cost of shipping, handling or customs, taxes, duties or
other costs or fees associated with the purchase. A Promo cannot be combined with other offers, is not
valid on past purchases, and cannot be used or claimed retroactively. Promos are void in territories
where the issue or use thereof is prohibited. Any refund a customer may be entitled to receive, subject
to our approval, will not include the Promo or its redemption value. The customer will receive no more
than the amount actually paid towards the purchase price. Promos are issued by email to the address
specified at the time of purchase. It is the responsibility of the customer to provide the correct email
address. RxHearing will not be liable or responsible for any loss suffered as a result of a Promo via email
being blocked by filters or firewalls, or where the incorrect email address has been entered by the
customer. We reserve the right to cancel any promotion, issued Promos, close user accounts, and/or
request alternative forms of payment if a fraudulently obtained Promo is redeemed or used to make
purchases. The use of automated devices or programs for Promo redemption is prohibited.
Hearing Aid Device Warranty Your hearing aid device is covered under warranty for defects in design,
materials, and workmanship (excluding general wear and tear on the devices, slim tubes, domes,
retention wires or accessories) for 12 (twelve) months from the date of purchase of the original product.
Please note that we reserve the right to request proof of purchase at any time. If we determine that
your hearing aid is faulty due to design, materials, or workmanship we will repair or replace it once
under this warranty at no cost to you. Please note that we reserve the right to make this determination
at our sole discretion. Return shipping will be for your own account. The hearing aid device warranty will
be in effect and remain in effect regarding any subsequent replacement hearing aid supplied.
Warranty claims will not be valid if the hearing aid has been modified or damaged, or if repairs have
been made by someone other than RxHearing. Please note that if a hearing aid device is damaged by the
user, stolen, or lost, replacement or repair thereof will not be covered under warranty. If your hearing
aid(s) would need to be repaired or replaced during the warranty period, please contact us. If you are
still within your 30-day trial period and require repairs to your RIC wires, we will provide one
complementary pair. Servicing, repair or replacement after the warranty period has expired will be for
your own account. We will send you a bill showing the repair and service to be provided and charged
for. Returns and Refund Policy Please note that returns for devices purchased ONLINE or IN-STORE
through our partnership with any retailer or partner must be returned in accordance with such retailer
or partner’s specific online or in-store returns policy.
Returns for devices purchased ONLINE directly from www.rxhearing.com through this website only,
must be returned to the following address: Partners or retailers will only be able to process returns for
devices purchased online or at their stores (physical). This Return and Refund Policy is applicable to all
one-time purchases and Subscriptions made through this website, and excludes in-store purchases
and/or through a retailer or partner. We recommend that you use your hearing aid(s) for a trial period
of three weeks for you to properly adjust to the new hearing aid(s). This trial period is not compulsory
and if you are not satisfied with your purchase you can return your hearing aid(s) at any time within 30-
days from the date of receipt for a full refund on the purchase price of the hearing aids or Subscription
fees (including the refund of the start-up payment) (minus any shipping costs, discounts or Promos
redeemed on purchase).
The 30-day trial period varies depending on where you buy your hearing aids and, if applicable, is
subject to retailer-specific conditions. If applicable, within the 30-day trial period: Depending on where
you purchase your hearing aids, the 30-day trial period may differ and, if applicable, be subject to
retailer-specific restrictions available on the retailer’s website.
THE 30-DAY TRIAL PERIOD IS ONLY APPLICABLE ONCE PER DEVICE MODEL. YOU WILL ONLY BE REFUNDED
ONCE FOR EACH TYPE OF HEARING AID YOU WISH TO RETURN, NO RETURNS WILL BE MADE FOR
CREDIT. YOU WILL NOT BE PERMITTED TO TRIAL AND RETURN THE SAME DEVICE MODEL MULTIPLE
TIMES WITH THE GOAL OF CONTINUED USE OF THE DEVICES WITHOUT PAYMENT OR ANY OTHER
FRAUDULENT USE EITHER THROUGH A ONE-TIME PURCHASE OR SUBSCRIPTION.
In order to qualify for a refund, you must return the hearing aid(s) and all accompanying accessories in
their original packaging to us and provide us with the tracking number of the package within 10 (ten)
days of initiating your refund request. Once we have received the devices, verified their eligibility for
return, and confirmed the presence of all accessories, we will proceed with processing your full refund.
Please note that each type of hearing aid can only be refunded once and cannot be returned for credit.
To be eligible for a refund on your hearing aid(s), please ensure the following criteria are met: The
device(s) must be returned in working order, complete with all items included in the original packaging
(including the carry case), as well as any accessories, free gifts, instructions, and documentation (if
applicable). Your hearing aid(s) must not be damaged, scratched, or soiled. Please handle the products
and packaging with reasonable care while they are in your possession. Please note that we reserve the
right to hold you liable for any loss or damage caused to a product (including its packaging) while it is in
your possession. If you have purchased or received accessories and fail to return them along with your
hearing aid(s), you will not be eligible for a full refund. We reserve the right to charge a replacement fee
for any accessories that are not returned after a request from RxHearing. Products returned without a
valid USPS return label number will be considered invalid returns and may be sent back to you at your
own expense. If the product is returned within 30 days of the date of receipt and you have adhered to
the aforementioned conditions, you will be entitled to a full refund of the original purchase price or
subscription fee. Please note that the 30-day trial period may vary depending on where you purchased
your hearing aids and may be subject to specific restrictions outlined on the retailer's website.
If you have purchased your hearing aids through a one-time payment and wish to return them, you may
do so, including any applicable accessories. However, no refund will be provided for any portion of the
payment made. Note that you will need to return the hearing aids and all unused accessories.
Please note that all shipping costs or any other costs incurred for the return of your hearing aid(s) will be
for your own account, and any loss or damage of your hearing aid(s) incurred during the returns process
will be for your own account and responsibility. We do not accept any liability for any loss or damage of
your hearing aid(s) that may result from the return shipping process. We highly recommend that you
purchase additional shipping insurance when returning your hearing aid(s). If you have signed up for a
Subscription you may not under any circumstances resell, or attempt to resell, the hearing aid devices.
Please note that return shipping will be for your own account. If we are unable to obtain confirmation
from you for the return of the incorrect items within seven (7) days of our receipt thereof, you hereby
expressly agree that we are authorized to dispose of such incorrect items on your behalf. 26. Shipping
We only sell from this online store into the continental United States. We offer the option of free
shipping throughout the continental United States. You may opt-in for express shipping during the
checkout process at an additional cost. Please note that any return shipping or costs associated with re-
shipping due to the incorrect delivery address will be for your own account. We are not liable for any
products damaged or lost during shipping.
If you received your order damaged, please contact the shipment carrier to file a claim. Please save all
packaging materials and damaged goods before filing a claim. The weekends and US federal holidays are
excluded from our shipping policy. Please note that insurance is not included. The risk of non-delivery
passes to you. This means that in the event that your order is not successfully delivered to you, or if your
package is stolen or goes missing during or after the delivery process, we will not be held responsible for
the replacement of your order or refund of any purchase. We will however assist you with any required
paperwork to file a complaint with the relevant shipping service provider.
You agree to indemnify, defend and hold harmless RxHearing, its employees, directors, officers, agents,
business partners, affiliates, contractors, distribution partners and representatives 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 of Service (ii) any use of the Service’s content,
services, and products other than as expressly authorized in these Terms of Service; (iii) your use of any
information obtained from the Website; (iv) your use of the Device or any other product purchased from
the Services; or (v) your failure to comply with applicable law.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any
reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any
other part of these Terms of Service, and in such event, such provision shall be changed and interpreted
so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of
applicable law or applicable court decisions.
FORCE MAJEURE. We will not be liable or responsible to you, nor be deemed to have defaulted or
breached 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
DISCLAIMER OF WARRANTIES. RxHearing makes no warranty that the sites or their content, including
the online hearing test and any communications with RxHearing, will be 100% accurate or error-free.
Your reliance on any information presented on the sites, including the online hearing assessment, is at
your own risk. The information provided by the sites is not meant as a substitute for the advice of a
healthcare professional. You acknowledge that hearing loss could be an indicator of a more serious,
including life-threatening, condition or illness, and that you should seek care from a healthcare
professional if you have any questions or concerns about your health.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL RXHEARING BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR
PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS OR IN
CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITES (INCLUDING THE ONLINE HEARING
ASSESSMENT), OR YOUR PURCHASE OR USE OF ANY PRODUCTS, SERVICES OR INFORMATION FROM
RXHEARING, INCLUDING WITHOUT LIMITATION ANY FAILURE OF, OR ERROR IN, PERFORMANCE OF THE
SITES OR ANY SUCH PRODUCTS OR SERVICES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY THE RELEVANT
LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RXHEARING’S TOTAL CUMULATIVE
LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY
OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO THE PROVISIONS ABOVE, ARISING
FROM OR RELATED TO THE SITES THESE TERMS OR CONDITIONS, OR ANY PRODUCTS OR SERVICES OF
RXHEARING, 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 RXHEARING THROUGH THE SITES OR FOR ANY SUCH PRODUCTS OR SERVICES.
GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER (IMPORTANT – PLEASE REVIEW AS THIS
AFFECTS YOUR LEGAL RIGHTS). YOU HEREBY EXPRESSLY CONSENT TO BINDING ARBITRATION BEFORE
ONE ARBITRATOR, TO BE ADMINISTERED IN FLORIDA FOR ALL DISPUTES, CLAIMS OR CONTROVERSIES
ARISING IN CONNECTION WITH THESE TERMS OF SERVICE, YOUR ACCESS OR USE OF THE SERVICE, AND
YOUR PURCHASE AND USE OF ANY PRODUCTS FROM THE SERVICE. YOU HEREBY WAIVE YOUR RIGHT TO
PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE
AGAINST RXHEARING AIDS, INC, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY
CONSOLIDATION OF INDIVIDUAL ARBITRATIONS
RxHearing can be contacted through the following channels: 1.888.818.1388 or email@example.com
NOTICE REGARDING MEDICAL OPINION
If you are a resident of Alabama, Colorado, District of Columbia, Florida, Hawaii, Iowa, Kentucky,
Massachusetts, Nebraska, New Hampshire, New Mexico, New York, New Jersey, North Dakota, Ohio,
Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas or Wyoming, BY COMPLETING A PURCHASE YOU
CONFIRM THAT YOU HAVE READ AND ACKNOWLEDGE THE TEXT FROM YOUR STATE BELOW REGARDING
The purchaser has been advised at the outset of his or her relationship with the hearing instrument
apprentice, fitter, or dispenser that any examination(s) or representation(s) made by a licensed hearing
instrument apprentice, fitter, or dispenser in connection with the fitting and selling of this hearing
instrument(s) is not an examination, diagnosis, or prescription by a person licensed to practice medicine
in this state and, therefore, must not be regarded as medical opinion or advice.
The buyer has been advised at the outset of the buyer's relationship with the dispenser that any
examination or representation made by a dispenser in connection with the practice of dispensing,
fitting, or dealing in hearing aids is not an examination, diagnosis, or prescription by a person licensed to
practice medicine in this state and, therefore, must not be regarded as medical opinion or advice.
DISTRICT OF COLUMBIA
This hearing aid will not restore normal hearing nor will it prevent further hearing loss.
A hearing aid will not restore normal hearing, nor will it prevent further hearing loss.
The purchaser has been advised at the outset of the purchaser's relationship with the hearing aid dealer
and fitter that any examination or representation made by a hearing aid dealer and fitter in connection
with the fitting and selling of this hearing aid is not an examination, diagnosis, or prescription by a
person licensed to practice medicine in this State and shall not be considered as medical opinion or
The purchaser has been advised that any examination or representation made by a licensed hearing aid
specialist in connection with the fitting or selection and selling of this hearing aid is not an examination,
diagnosis, or prescription by a person licensed to practice medicine in this state and therefore, must not
be regarded as medical opinion or advice.
The purchaser has been advised at the outset of his or her relationship with the audiologist licensed
under KRS Chapter 334A or specialist in hearing instruments that any examination or representation is
not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and
therefore shall not be regarded as medical opinion or advice.
This hearing aid will not restore normal hearing nor will it prevent further hearing loss.
The purchaser has been advised at the outset of his or her relationship with the hearing instrument
specialist that any examination or representation made by a licensed hearing instrument specialist in
connection with the fitting and selling of this hearing instrument is not an examination, diagnosis, or
prescription by a person licensed to practice medicine in this state and therefore must not be regarded
as medical opinion or advice.
This hearing aid will not restore normal hearing nor will it prevent further hearing loss.
The purchaser has been advised at the outset of his or her relationship with the hearing aid dispenser
that any examination or representation made by a licensed hearing aid dispenser in connection with the
practice of fitting and selling of this hearing aid, or hearing aids, is not an examination, diagnosis, or
prescription by a person licensed to practice medicine in this State, or by certified audiologists and
therefore must not be regarded as medical opinion.
Buyer has been advised that licensee is not a licensed physician and that the examination and
recommendation is made as a hearing aid dispenser or audiologist and not as a medical diagnosis or
The buyer has been advised at the outset of his or her relationship with a RxHearing audiologist or
hearing aid dispenser that any examination or representation made by a hearing aid dispenser in
connection with the business of dispensing this hearing aid, or hearing aids, is not an examination,
diagnosis, or prescription by a person licensed to practice medicine in New York, and therefore, must
not be regarded as medical opinion.
Any examination or representation made by a licensed hearing aid specialist in connection with the
fitting and selling of this hearing instrument is not an examination, diagnosis, or prescription by a person
licensed to practice medicine in this state and therefore, must not be regarded as medical opinion or
The purchaser is advised that any examination, fitting, recommendation, or representation made by a
licensed hearing aid dealer or fitter in connection with the sale of this hearing aid is not an examination,
diagnosis, or prescription made by a person licensed to practice medicine in this state and therefore
must not be regarded as medical opinion or advice.
Any examination or representation made by a licensed hearing aid dealer and fitter in connection with
the fitting and selling of this hearing aid is not an examination, diagnosis, or prescription by a person
licensed to practice medicine in this state and therefore must not be regarded as medical opinion or
The purchaser has been advised at the outset of his or her relationship with the hearing aid dealer that
any examination or representation made by a registered hearing aid dealer and fitter in connection with
the practice of fitting and selling of this hearing aid, is not an examination, diagnosis or prescription by a
person licensed to practice medicine in this Commonwealth and therefore must not be regarded as
The purchaser has been advised at the outset of his/her relationship with the hearing aid dealer that any
examination(s) or representation(s) made by a licensed hearing aid dealer and fitter in connection with
the fitting and selling of this hearing aid(s) is not an examination, diagnosis, or prescription by a person
licensed to practice medicine in this state and therefore must not be regarded as medical opinion or
The client has been advised that any examination or representation made by a licensed hearing
instrument dispenser or apprentice permit holder or temporary training permit holder in connection
with the fitting and selling of the hearing instrument(s) is not an examination, diagnosis or prescription
by a person duly licensed and qualified as a physician or surgeon authorized to practice medicine in the
State of Texas and, therefore, must not be regarded as medical opinion or advice.
The purchaser has been advised that any examination or representations made by a licensed hearing aid
specialist in connection with either the fitting or selling of this hearing aid is not an examination,
diagnosis or prescription by a person licensed to practice medicine in this state and shall not be
regarded as medical opinion.
NOTICE REGARDING RETURNS AND ADJUSTMENTS
If you are a resident of Alaska, California, Colorado, Connecticut, Georgia, Idaho, Kentucky, Maine,
Maryland, Minnesota, Nevada, New Hampshire, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island,
Texas, Vermont, Virginia, or West Virginia, BY COMPLETING A PURCHASE YOU CONFIRM THAT YOU HAVE
READ AND ACKNOWLEDGE THE TEXT FROM YOUR STATE BELOW REGARDING RETURNS AND
PLEASE NOTE OUR STANDARD RETURN PERIOD IS LONGER THAN WHAT MOST STATES REQUIRE.
(Provisions relating to appointments, fitting and adjustments do not apply to RxHearing)
You may cancel this transaction within 30 days from the date you receive the hearing aid or this notice,
whichever is later. You may also cancel this transaction within 60 days from the date you receive the
hearing aid or this notice, whichever is later, if the hearing aid dealer is not a licensed physician or a
licensed audiologist and if a licensed physician or a licensed audiologist advises you in writing to cancel
If you cancel this transaction, the property you traded in, the payments you made under the sale or
lease (less certain costs allowed by state law) and any negotiable instrument executed by you will be
returned within 30 days following receipt by the hearing aid dealer of your cancellation notice, and the
hearing aid dealer will cancel any security interest arising out of the sale or lease.
Purchaser may contact RxHearing (888) 818-1388 for the address and the office hours available for
RxHearing Licensed Hearing Specialists for fitting or post-fitting adjustments and servicing of the hearing
aids. This hearing aid is warranted to be specifically fit for the particular needs of you, the buyer. If the
hearing aid is not initially fit for your particular needs, it may be returned to the seller within 30 days of
the initial date of delivery to you. If you return the hearing aid, the seller will either adjust or replace the
hearing aid or promptly refund the total amount paid. This warranty does not affect the protections and
remedies you have under other laws.
The buyer has the right to cancel this purchase for any reason at any time prior to 12 midnight on the
30th calendar day after receipt of the hearing aid by giving or mailing the dispenser written notice of
cancellation and by returning the hearing aid, unless the hearing aid has been significantly damaged
beyond repair while the hearing aid was in the buyer's control. The dispenser will promptly refund all
moneys paid for the purchase of a hearing aid if it is not delivered to the consumer within the 30-day
period. The sale is void and unenforceable if the hearing aid being purchased is not delivered to the
consumer within 30 days after the date the written contract is signed or the receipt is issued, whichever
The buyer has the right to cancel this purchase or rental for any reason at any time prior to midnight of
the thirtieth calendar day after receipt of the hearing aid. A cancellation fee of twelve per cent of the
purchase price may be imposed. Any buyer who orders a hearing aid and leaves a deposit of one
hundred dollars or more with the seller shall be entitled to cancel such order and demand a full refund
of such deposit, less any examination costs, if the buyer is unable to inspect the hearing aid at the
seller's place of business within forty-five days after the date the seller receives the deposit. If buyer
returns the hearing aid in the same condition as when purchased, ordinary wear and tear excepted,
within thirty days of the date of receipt of such hearing aid by such purchaser, such buyer shall be
entitled to free adjustment of such hearing aid or the return of the full purchase price of the hearing aid
and accessories as itemized on the bill of sale.
I read, understand and have signed or initialed a copy of the refund and return policy. The policy states
if, and up until what date, I can return the hearing aid for a full refund, a partial refund of what
percentage, or a full or partial credit. The policy also identifies what fees, if any, for services will be
refunded or credited when the hearing aid is returned for refund or credit.
This bill of sale is null and void and unenforceable if the hearing aid being purchased is not delivered to
the buyer within thirty (30) days of the date the written contract is signed. In the event the hearing aid is
not delivered to the consumer within thirty (30) days of the date the written contract is signed, the
licensee shall promptly refund any and all moneys paid for the purchase of the hearing aid.
A 30-day trial period begins on the delivery date. Within the 30-day trial period, the dealer licensee shall
contact the purchaser and provide any service, fitting or repair that may be necessary for the beneficial
and comfortable use of the hearing aid(s).
You may cancel this purchase for any reason, at any time within 30 days after the date of delivery of the
hearing aid. To cover the costs of dispensing the hearing aid, the seller may withhold from the refund 10
percent of the purchase price or the seller's actual costs up to 20 percent of the purchase price. If you
decide to cancel this contract: You must provide notice of the cancellation in writing, within 30 days of
the date of delivery of the hearing aid, to (the seller) at address of seller; and You must make the
hearing aid available to the seller, in substantially as good condition as when you received it.
Minnesota state law gives the buyer the right to cancel this purchase for any reason at any time prior to
midnight of the 30th calendar day after receipt of the hearing aid(s). This cancellation must be in writing
and must be given or mailed to the audiologist or certified dispenser. If the buyer decides to return the
hearing aid(s) within this 30-calendar-day period, the buyer will receive a refund of the total purchase
price of the aid(s).
Buyers may contact RxHearing for follow-up appointment to take place no later than 21 days after
hearing aid is delivered.
You have the right to cancel this purchase or rental for any reason within 30 days after receiving the
In addition to other rights, the buyer has the right to cancel this purchase for any reason at any time
prior to twelve midnight of the 30th calendar day after receipt of the hearing aid and return the hearing
aid in the same condition, ordinary wear and tear excluded. RxHearing will pay for return shipment. By
law, the seller is allowed to retain an amount up to ten percent of the total purchase price of the
cancelled hearing aid, including batteries and cords or accessories thereto, inclusive of all fees related to
the hearing aid. Purchaser may contact RxHearing at (888) 818.1388.
Right To Return The Hearing Aid Within Thirty Days (30) And Receive A Refund Under Ohio law (section
1345.30 of the Revised Code): A consumer has the right to return a hearing aid for any reason within
thirty days after it is originally delivered to the consumer or a person acting on the consumer's behalf
and receive a refund of the consideration paid for the hearing aid less an amount specified by the
hearing aid dealer or fitter, physician, or audiologist to cover expenses incurred in connection with the
hearing aid not later than fifteen days after presenting proof of payment for the hearing aid and
returning it in the condition in which it was received, except for normal wear and tear. In this case the
amount deducted from the refund will be $0.
Oklahoma state law gives the purchaser the right to cancel this purchase for any reason by returning the
hearing aid to the hearing aid provider at any time prior to midnight of the thirtieth calendar day after
receipt of the hearing aid. By law, the hearing aid provider may be entitled to a cancellation fee not to
exceed ten percent (10%) of the total purchase price for the hearing aid or one hundred fifty dollars
($150.00) per hearing aid, whichever is less, to cover the costs incurred by the hearing aid provider. If
the purchaser returns the hearing aid within the thirty-day period, the purchaser will receive a refund of
the full purchase price
During the thirty-day period, if the hearing aid is returned for repairs or adjustments the thirty-day
period shall be tolled until return of the aid(s) to the purchaser.
If a hearing aid is returned within 30 days of date of delivery in the same condition, ordinary wear and
tear excluded, you are entitled to a refund of the portion of the purchase price of the hearing aid and
accessories as itemized on the receipt and above, less the cancellation fee stated above. If a cancellation
fee is imposed the nonrefundable amount for each aid and accessories cannot exceed 10% of the
purchase price of the hearing aid and accessories or $150.00 per aid and accessories, whichever is less. If
you cancel your order prior to delivery, you are entitled to full refund of the purchase price of the aid
and accessories, and a full refund for services not yet rendered.
The purchaser has a thirty (30) day trial period during which time she/he may return the instrument, in
the original condition less normal wear, with no further financial obligation. This product is protected by
Chapter 45 of Title 6 entitled «Enforcement of Assistive Technology Warranties» which shall be made
available by the dispenser, upon request.
RxHearing recommends a follow-up appointment within thirty (30) days after the hearing instrument
Notice of 30 day trial period. You have 30 days from the day that you receive your hearing aid to try it
out and decide whether you wish to keep it. The 30 day period does not include any days that the
hearing aid is in the possession of the dispenser, manufacturer, repairer or their agents. If, in your
opinion, during the 30 day trial period you feel that the hearing aid is not satisfactory for you, you have
a right to return the hearing aid and receive a refund of the full product price. However, if you have
damaged the hearing aid, your refund will be reduced by the reasonable cost of damage. In order to
return the hearing aid and receive a refund, contact RxHearing.
Within 30 days of the date of delivery, any buyer of a hearing aid shall be entitled to return the hearing
aid for any reason, provided such aid is returned in satisfactory condition. Such purchaser shall be
entitled to a replacement or a refund of all charges paid, less a reasonable charge for medical,
audiological, and hearing aid evaluation services provided by the hearing aid specialist.
You have the right to return the hearing aid to the dealer from whom it was purchased at any time
within thirty (30) days after receipt of the aid, if the aid does not function properly or cannot be
adjusted to correct the deficiency in your hearing or is otherwise unsatisfactory. The aid so returned
must be without damage.