I have been advised by Yes Hearing that the Food and Drug Administration has determined that my best health interest would be served if I had a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. I do not wish a medical evaluation before purchasing a hearing aid. I have also been advised that it is in my best health interest to be examined by a physician specialising in diseases of the ear for any medical condition or disease at least once every three years.
Additionally, I understand that the exercise of this waiver is not in my best health interest.
I confirm that I have none of the below conditions, and none of the below symptoms apply to me, and understand that the existence of any such conditions or symptoms would prohibit Yes Hearing from selling a hearing aid to me: (i) Visible congenital or traumatic deformity of the ear. (ii) History of active drainage from the ear within the previous 90 days. (iii) History of sudden or rapidly progressive hearing loss within the previous 90 days. (iv) Acute or chronic dizziness. (v) Unilateral hearing loss of sudden or recent onset within the previous 90 days. (vi) Audiometric air-bone gap equal to or greater than 15 decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz. (vii) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal. (viii) Pain or discomfort in the ear.
Terms and Conditions
Welcome! We’re delighted you’ve decided to use our services including, but not limited to, our technologies or functions offered on our website and all related sites, applications, customer service team, hearing specialists, and third-party vendors, all of which we refer to simply as the “Services.” Yes Hearing may be referred to as “Yes”, “YH”, “we”, “us, “our”, or “The Company” and the following terms of service govern the use if this website. “Customer”, “You” and “Your” refers to you, the person using this website, and by doing so, accepts our Terms of Service. Please therefore read the Terms of Service carefully. The terms of service may change, and the new terms will become effective as of the date of publishing. These terms are binding on you, and should be read whenever you use the site.
We do not offer professional advice
Any and all information supplied by this website, or any of its employees or independent contractors, in any format, is for informational purposes or general guidance, and is neither medical or other professional advice. It is important that you do not make medical decisions without first speaking to a healthcare professional. The receipt and return of any questions or feedback you submit to us does not create a professional relationship.
The site is not intended for use by anyone under 18 years of age. We do not sell products for purchase by children. All users may not use the site for anything but personal purposes. You may not use the site for anything unlawful or prohibited by these terms of service. We reserve the right to refuse service, discontinue transactions or cancel orders at our sole discretion.
When purchasing a hearing aid from Yes Hearing you acknowledge that you are 18 or over and that you have been advised by Yes Hearing that the FDA has determined that you’re best health interest would be served if you had a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid, and that you do not wish a medical evaluation before purchasing a hearing aid. Additionally, you confirm that you have read and agree to the full FDA waiver found at the top of this page, or on the FDA waiver page. This is a required part of the checkout process.
You are absolutely prohibited from reselling any products you purchased on Yes Hearing.
Limitation of Liability
In no event will Yes Hearing or any party involved in creating or delivering this service be liable for any direct, indirect, special punitive damages and costs of any kind and without limitation including health problems, incidental and inconsequential damages, arising out of your access, use, misuse or inability to use the site, or in connection with any failure of performance of the site, or in the offering of any offline services including Home Visits and remote care offered by Yes Hearing. Yes Hearing reserves the right to alter the site, and all its content, in any way, for any reason, at any time, without prior notice, and will note be liable for possible consequences of such changes. These limitations apply even if Yes Hearing has been advised of the possibility of such damages. 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 extent permitted by the law.
Yes Hearing will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website, or any other services offered by Yes Hearing including Home Visits and remote care:
These limitations of liability apply even if Yes Hearing has been expressly advised of the potential loss.
Upon a request by Yes Hearing, you agree to defend, indemnify and hold Yes Hearing, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate these Terms of Service.
You agree to submit an audiogram to Yes Hearing within 10 working days of purchase, and understand that no item will be sent to you until Yes Hearing have received the audiogram. You agree to submit an audiogram taken within the 6 months prior to my purchase.
You accept that each purchase comes with one free home visit from a qualified audiologist or Hearing Instrument Specialist. You may waive your right to a home visit, only after confirming this via email or phone to Yes Hearing. You also accept that any additional home visits will be charged at a price set by Yes Hearing.
Scope of Service
The below Home Visit Checklist is included in the purchase of any hearing aid(s) sold on the website.
Intellectual Property and Proper Use
You must be at least eighteen (18) years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
License To Use Website
Unless otherwise stated, Yes Hearing and/or its licensors own the intellectual property rights published on this website and materials used on https://Yes Hearing.com. Subject to the license below, all these intellectual property rights are reserved.
You must not republish material from this website in neither print nor digital media or documents (including republication on another website). Nor may you;
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
This website is provided without any representations or warranties. Yes Hearing makes no representations or warranties in relation to this website or the information and materials provided on this website.
Yes Hearing does not warrant that:
Additionally, the services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied. In addition, while Yes Hearing attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free, or timely; (b) the services will always function without delays, disruptions, or imperfections; or (c) that any pricing, terms, content, user content, or information you obtain on or through the services will be timely or accurate.
You may cancel a scheduled home visit, free of charge, no less than 48 hours prior to the scheduled consultation time. Should you cancel within this 48 hour time frame, you will waive your right to your free home visit included with purchase.
You may make an additional booking for a fee agreed with Yes Hearing expressed in writing via email.
You may reschedule your scheduled home visit free of charge if the request is made more than 48 hours prior to the scheduled consultation time.
We strive to foster a safe environment for everyone. That’s where you come in. By using the Services, you agree to assist in fostering a safe environment by:
Yes Hearing has the right to cancel a scheduled service and charge a Cancellation Fee if it deems a Home Visit situation to be too dangerous.
Any forms of inappropriate behavior, harassment or bigotry towards any Yes Hearing employee or contractor will warrant service cancellation and cancellation of all future services with Yes Hearing.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability company, Yes Hearing and related entities have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Yes Hearing and related entities’ officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Yes Hearing’s officers, employees, agents, subsidiaries, successors, assignees and subcontractors as well as Yes Hearing.
If any provision of this website disclaimer is, or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions will be governed by and construed in accordance with the laws of New York, New York, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York, New York.
Yes Hearing’s registered address is:
555 Madison Avenue
New York, NY 10022
You can contact Yes Hearing by email at contact@Yes Hearing.com
None of these services can be guaranteed in their entirety. If you believe you have received dissatisfactory service you must notify Yes Hearing at: contact@Yes Hearing.com within 48 hours of your Home Visit.
Yes Hearing retains the right to conduct a thorough inquiry into any claims held against the company or contractors.
By accepting these Terms and Conditions, you also accept the Bill of Sale
Bill of Sale – please note Yes Hearing is currently only selling in New York state.
All US Citizens must read and acknowledge the text from their state below regarding medical opinions, and the returns and adjustments policy of their state.
You are advised that with your entire relationship and dealings with Yes Hearing and any Yes Hearing audiologist, hearing instrument specialist or third party contractor that any examination or representation made by a dispenser of hearing aids in connection with dispensing hearing aids is not an examination, diagnosis, or prescription by a person licensed to practice medicine in New York, and must not therefore be regarded as medical opinion.
Regarding Returns and Adjustments:
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 45TH CALENDAR DAYS AFTER RECEIPT OF THE HEARING AID AND RETURN THE HEARING AID IN THE SAME CONDITION, ORDINARY WEAR AND TEAR EXCLUDED.
Yes Hearing will pay for return shipping, and will not retain any of the original purchase price.
The purchaser may contact Yes Hearing at (844) 470-0099 for the address and the office hours available for Yes Hearing audiologists for fitting or post-fitting adjustments and servicing of the hearing aids.
Yes Hearing Returns Policy
The hearing aid purchase may be returned within 60 days of the original purchase date for a full refund of the purchase price of the cancelled hearing aid, and all related accessories and fees related to the hearing aid. There are no re-stocking fees or any other hidden fees for returning a device. Yes Hearing will pay for the return shipping, but it is the customer’s responsibility to ship the item. The mailing date should be no longer than 60 days after the shipping date. To be eligible for return, the hearing aids must be in the same condition as when purchased, excluding ordinary wear and tear and usage. Once we have received the hearing aid, a member of the team will contact you in regards to the status of your refund.
You should expect to receive your refund within four weeks of Yes Hearing receiving the hearing aid(s). If you would like to return an item please email email@example.com or call us on 844-470-0099
Extended Returns Due to Medical Opinion
If you receive a written opinion form a licensed physician who is qualified to diagnose diseases of the ear, after purchasing a hearing aid, which states that you have a hearing impairment for which a hearing aid provides no benefit, or have a medical condition which suggests that a hearing aid should not be used, and as a result of either condition have experienced no improvement in the quality of your hearing, we will issue a full refund of the purchase price for up to a year (365 days) after the date of the hearing aid purchase.
Yes Hearing provides two years of repair warranty for all hearing aids, provided by the manufacturer and covering manufacturing defects. Accessories are not covered under warranty. All product warranties are in effect from the date of purchase. Should repair of a hearing aid be necessary, we will endeavor to do this in a timely and efficient manner. To do this, please contact Yes Hearing by emailing firstname.lastname@example.org or call 844-470-0099, and one of our staff members will talk you through the process. It will involve returning the product with a note explaining the issue in appropriate packaging. A product repaired under warranty maintains the original purchase warranty effective date.
Warranty claims will not be valid if the device has been modified or damaged by the user, if the serial number has been altered, or if repairs have been made without the knowledge and consent of Yes Hearing. Device loss and user damage are not covered under warranty.
Information Yes Hearing Collects
Yes Hearing collect all the information that you provide to us, both online and offline. Examples of personal information we collect includes, but is not limited to, your name, address, phone number, email address, date of birth, credit card information, health information, including any photographs, images, or forms that you provide to Yes Hearing, and other personally identifiable information (collectively known as the “Personal Information”). If you contact us by email, we will keep a record of your contact information and correspondence. We reserve the right to use your email or any other personally identifiable information that you provide to use to respond to you and to send you marketing materials for our products and services. We will not share your information with outside parties who wish to market other products and services to you.
Yes Hearing also receives and collects information from our third party affiliates, including but not limited to, hearing instrument specialists, hearing aid dispensers, hearing aid manufacturers, and audiologists, about your referral, treatment options and audiogram results.
Yes Hearing also collects information from visitors and users to its site, including but not limited to IP addresses, browser types, location information and operating system used.
Use of Information
Yes Hearing may use your Personal Information to provide and to communicate with and about you to audiologists or hearing aid dispensers or any of our care specialists that treat or interact with you. We may transfer this Personal Information to our hearing aid manufacturers in order to process orders for hearing aids and administer payments, as well as to your health care providers, or other persons or entities working on your behalf. Yes Hearing may also transfer this Personal Information, as well as other information collected on its site, to outside contractors, auditors, consultants, or any other party engaged by Yes Hearing to assist in providing financial or operational activities and support on Yes Hearing’s behalf, including technical and processing services and analysis of our site’s performance.
We may use your personal information to send communications to you in relation to the services provided by Yes hearing. Yes Hearing may also be in contact with you with regards to completing surveys or research questionnaires related to your opinion of current or future services that may be offered. However you have the right to opt out of such communications.
Yes Hearing does not sell, trade, rent or share your identifying information (including your email address) with third parties unless we receive your permission, or we are required to do so by law, or we have a good faith belief that such disclosure is necessary to comply with a current judicial proceeding, a court order, a legal process served on Yes Hearing or to resolve any potential fraud or perceived irregularity in any audits of the accuracy of any documentation or information submitted to Yes Hearing by you or on your behalf, as deemed appropriate by Yes Hearing. Yes Hearing may be required or permitted by law to share your personal and protected health information under certain circumstances including reporting adverse reactions to certain items, product recalls, preventing disease and for health research purposes.
Yes Hearing is dedicated to maintaining the privacy of your individually identifiable health information. As part of our business, we may create records regarding the services we provide to you. We are required by law to maintain the confidentiality of health information that identifies you. We are also required by law to provide you with this notice of our legal duties and the privacy practices that we maintain in our practice concerning your Protected Health Information (PHI). Please find below more information on:
This notice and its terms apply to all records containing your PHI that are created or retained by Yes Hearing. We may use and disclose your PHI in the following ways:
Treatment – Yes Hearing may use your PHI to identify the type of hearing aid which is best for you. We may ask for your test results (audiogram) for this purpose. People who work for or with Yes Hearing, including but not limited to audiologists and hearing care specialists, may use or disclose your PHI in order to assist others in your treatment. We may also disclose your PHI to others who may assist in your care, such as family members. We may also disclose your PHI to other health care providers related to your care.
Payment – Yes Hearing may use and disclose your PHI for the purposes of billing and collecting payment for the services and items you receive from us. This may include your health insurer, as well as other providers. We may also use your PHI to bill you directly for services and items. We may disclose your PHI to other health care providers and entities to assist in their billing efforts.
Operations – Yes Hearing may use and disclose your PHI to operate our business. Our business may use your PHI to evaluate the quality of care you receive from us, or to conduct cost-management and business planning activities for our practice. We may disclose your PHI to other health care providers and entities to assist in the health care operations.
Treatment – Yes Hearing may use and disclose your PHI to inform you of potential hearing aid options or alternatives.
Related benefits and services – Yes Hearing may use and disclose your PHI to inform you of health-related benefits or services that may be of interest to you.
Legal disclosures – When required to do so by federal, state or local law, Yes Hearing will use and disclose your PHI.
Public health risk – Yes Hearing may disclose your PHI to public health authorities that are authorized by law to collect information for the purpose of reporting problems with products, and notifying customers that the product they are using may have been recalled.
Health oversight – Yes Hearing may disclose your PHI to a health oversight agency for activities authorized by law, for example investigations, inspections, audits, surveys, licensure and other actions, legal proceedings or actions, or other activities necessary for government to monitor government programs, or compliance with laws and the healthcare system in general.
Law enforcement – We may release your PHI if asked to do so by a law enforcement official.
Your Rights Regarding Your PHI
You have certain rights regarding the PHI that we maintain about you, including:
Communications – You have the right to request that Yes Hearing communicate with you about your health and related issues in a particular manner or at a certain location. For example, you may ask that we contract you at home, rather than at work. In order to request a type of confidential communication, you must make a written request to Yes Hearing clearly expressing a preference for the method of contact, or the location where you wish to be contacted.
Restrictions – You have the right to request a restriction on our use or disclosure of your PHI for treatment, payment or health care operations. You also have the right that we restrict our disclose of your PHI to only certain individuals involved in your care or the payment for your care, such as family or friends. We are not required to agree to your request. However, if we do agree, we are bound by our agreement except with otherwise required by law, in an emergency, or when the information is necessary to treat you. Please call or email us to tell us what information you want restricted, to whom you want the restrictions to apply, and whether you are requesting a limit to our business’s use, disclosure or both.
Copies and Inspections – You have the right to inspect and obtain a copy of the PHI that may be used to make decisions about you, including patient medical records and billing records. You must submit your request in writing.
Amendment – You may ask us to amend your health information if you believe it is incorrect or incomplete, and may request an amendment as long as the information is kept by or for Yes Hearing. This request must be in writing, and we may deny your request if we consider it inaccurate or incomplete, not part of the PHI kept by or for the business, or not part of the PHI which you would be permitted to inspect or copy.
Accounting of Disclosures – You have the right to request an “accounting of disclosures”, which is a list of certain non-routine disclosures our practice has made of your PHI for purposes not related to treatment, payment or operations. The routine business practices use of your PHI by Yes Hearing is not required to be documented.
Paper copy – You have the right to receive a paper copy of our notice of privacy practices.
Complaints – You have the right to file a complaint if you feel your privacy rights have been violated. You may file a complaint with the Secretary of the Department of Health and Human Services, or with our practice.
Authorization – Yes Hearing will obtain your authorization for uses and disclosures that are not identified by this notice or permitted by applicable law. You may revoke any authorization you provide us regarding the use of your PHI.
Google Analytics is a software service offered by Google that tracks and reports website traffic. Google uses the data collected to monitor the use of our site and track future visits. This is shared with other Google services, and may be used by Google to personalize ads on its own advertising network. There is a Google Analytics opt-out browser add on, which will stop information from being shared with Google Analytics about visit activity.
We take the protection of customer data extremely seriously, including using third parties like Paypal to process payments in order to ensure a high degree of protection. However please be aware that no transfer of data over the internet is fully secure and we cannot ensure or guarantee the safe transfer of data.
Yes Hearing does not knowingly or specifically collect personal information from anyone under the age of 18. No person under the age of 18 is authorized to submit any information on our site. If you are under the age of 18 we request that you do not use our site of submit any information. If we realise that we do have information collected from anyone under the age of 18, we shall remove that information from our system’s database.
Links to Other Websites
Accessing your information
To request access to, to correct, or to delete any personal information that you have provided us, or to unsubscribe from any Yes Hearing communications please contact us at:
Length of Time Holding Information
Yes Hearing may hold your personal information for as long as we deem reasonable or as long as required by law.