AGREEMENT BETWEEN USER AND HEAR-PERFECT.COM

These Terms and Conditions of Use ("Agreement") are a legal agreement between you and TFL US INC trading as Hear-Perfect.com (hereinafter referred to as "Website Owner"), the owner and developer of Hear-Perfect.com (the "Site"). By using, registering, or otherwise interacting with the Site for any service provided through Hear-Perfect.com, you agree to be bound by all of the terms and conditions (the "Terms") set forth in this Agreement. You understand that you are not able to modify these terms and that you must accept all terms "AS-IS." Should you choose not to accept all terms, simply do not register, use, or interact with this Site.

YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve all disputes through binding individual arbitration, and you and we give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See the Legal Disputes section of this Agreement.

Hear-Perfect.com is a comparison website and referral agency that provides business within the business-to-business sector and connects business owners, and employees with companies offering services such as hearing aids. Independent service providers may charge fees for their services and have their own terms of service. Hear-Perfect.com is not responsible and does not guarantee any outcomes from these providers. Services may not be available in all states so please check our website for details.

MODIFICATION OF THESE TERMS OF USE

Hear-Perfect.com RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT THE WEBSITE OWNER'S DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THESE TERMS, WHICH WILL BE NOTED BY THE "LAST UPDATED" DATE HEREIN, SUPERSEDES ALL PREVIOUS VERSIONS.

LINKS TO THIRD PARTY SITES

This Site may contain links to external websites ("Linked Sites"). The Linked Sites are not under the control or management of Hear-Perfect.com, and Hear-Perfect.com is not responsible for the contents of any Linked Site, including without limitation any links contained in a Linked Site, or any changes or updates to a Linked Site Hear-Perfect.com is not responsible for webcasting or any other form of transmission received from any Linked Site. Hear-Perfect.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hear-Perfect.com of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to Hear-Perfect.com that you will not use the Site for any purpose that is unlawful or prohibited by law, regulation, or these terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information from the Site through any means not intentionally made available or provided for through Hear-Perfect.com on this Site.

YOU ARE RESPONSIBLE FOR YOUR SERVICE DECISIONS

Hear-Perfect.com, through our Site and affiliates sites, may provide you with a venue through which you can obtain hearing aid services ("Service Providers"). You understand and acknowledge that Hear-Perfect.commay be compensated by Service Providers for referrals made through this Site. Hear-Perfect.com and Website Owner do not guarantee the accuracy or completeness of any of the information provided on the Site or with regards to the Service Providers, and are not responsible for any loss resulting from your reliance on such information. You understand that you are to examine the information provided and conduct your own research of whether the services marketed on this Site are fitting to your business needs. We do not endorse or recommend the products or services of any Service Provider, and we are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you. Hear-Perfect.com is not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of any Service Provider's products or services.

NO GUARANTEE OF QUOTES, FEES, TERMS, RATES, COVERAGE OR SERVICES

We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers through our Site. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available in the marketplace. You may be able to find better-fitting offers elsewhere.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
7. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
9. Restrict or inhibit any other user from using and enjoying the Communication Services.
10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
12. Violate any applicable laws or regulations.

Hear-Perfect.com has no obligation to monitor the Communication Services. However, Hear-Perfect.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Hear-Perfect.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Hear-Perfect.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or refuse to post or to remove any information or materials, in whole or in part, is Hear-Perfect.com sole discretion.

Always use caution when giving out any personally identifying information ("PII") about yourself, your spouse, or your children in any Communication Service. Hear-Perfect.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Hear-Perfect.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hear-Perfect.com spokespersons, and their views do not necessarily reflect those of Hear-Perfect.com. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO HEAR-PERFECT.COM OR POSTED AT ANY HEAR-PERFECT.COM WEBSITE

Hear-Perfect.com does not claim ownership of the materials you provide to Hear-Perfect.com (including feedback and suggestions) or post, upload, input or submit to any Hear-Perfect.com Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Hear-Perfect.com, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Hear-Perfect.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Hear-Perfect.com sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

CONSENT TO USE OF ELECTRONIC COMMUNICATIONS

All website interactions and phone calls are recorded for marketing, compliance and quality assurance purposes.

1. Mobile Devices

By providing us with your name, email, and/or phone number, you expressly authorize us to contact you (including using autodialers, automated text and pre-recorded messages) via your telephone, cellphone, mobile device (including via Short Message Service ("SMS") or wireless internet ("WAP Service")) and email, even if your telephone number is currently listed on any state, federal or company's Do Not Call list. Standard phone and data charges will apply. Your consent to the above terms is not required as a condition of purchasing or receiving our services. You also consent to the recording and monitoring of all calls to and from us. You represent you are the owner or authorized user of the mobile device and the phone number associated with that mobile device on which messages will be received, and that you are authorized to approve any applicable charges. You may opt out of receiving calls and/or messages to your telephone or mobile device at any time by notifying us at compliance@tfli.us  and you may opt out of receiving emails by clicking the "Opt-out" link on the bottom of the email.
Only United States residents may use the SMS or WAP Service

     2. Data Security

SMS or WAP Services are provided via wireless systems which use radio frequencies (and other means) to transmit communications over complex networks. Hear-Perfect.com do not guarantee your use of the SMS or WAP Services will be private or secure, and Hear-Perfect.com will not be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures appropriate to your situation and intended use of the SMS or WAP Service. You acknowledge and agree Hear-Perfect.com may access the content of your account and the wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints. Please review our Privacy Policy for additional information governing privacy and our SMS or WAP services.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES, OLD INFORMATION, OR TYPOGRAPHICAL ERRORS. Hear-Perfect.com MAKES PERIODICAL CHANGES TO THE INFORMATION AND MATERIALS PROVIDED ON THE SITE. Hear-Perfect.com AND/OR ITS SITE ADMINISTRATOR MAY MAKE IMPROVEMENTS AND/OR CHANGES TO SITE AT ANY TIME.

Opinions, general advice, statements or other comments on the site should not necessarily be relied upon and are not to be construed as professional advice from Hear-Perfect.com or the Website Owner. information and general advice RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

HEAR-PERFECT.COM AND/OR ITS SITE ADMINISTRATOR MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR AVAILABLE THROUGH THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEAR-PERFECT.COM AND THE WEBSITE OWNER HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEAR-PERFECT.COM AND/OR ITS WEBSITE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HEAR-PERFECT.COM  SITE, WITH THE DELAY OR INABILITY TO USE THE HEAR-PERFECT.COM SITE OR RELATED OR OFFERED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HEAR-PERFECT.COM  SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HEAR-PERFECT.COM  SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEAR-PERFECT.COM  OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HEAR-PERFECT.COM , OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HEAR-PERFECT.COM  SITE.

TERMINATION/ACCESS RESTRICTION

HEAR-PERFECT.COM  may establish areas on the Site which may require obtaining access credentials. Should you obtain such access to restricted areas on the Site, HEAR-PERFECT.COM  reserves the right, in its sole discretion, to terminate your access to the HEAR-PERFECT.COM  Site and the related services or any portion thereof at any time, without notice.

THE SITE IS NOT INTENDED FOR USE BY MINORS UNDER THE AGE OF 13

The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personally Identifiable Information (PII) through the Site. We do not knowingly collect information from children under 13 years of age without parental consent. For more information regarding this policy please visit our Privacy Policy.

COPYRIGHT AND TRADEMARK NOTICES:

Hear-Perfect.com, and the Hear-Perfect.com logo are registered trademarks, trade names or service marks of TFLI US INC or its related companies. All other trademarks and service marks presented on the Site are the property of their respective owners, and Hear-Perfect.com  has obtained permission to use them in association with the educational information and referral services provided. You are not permitted to use any trademark or service mark displayed on this Site without the prior written consent of Hear-Perfect.com or the owner of such trademark or service mark.

You acknowledge and understand that you have no rights to any trademarks, service marks, copyrights. Hear-Perfect.com reserves all rights to its Intellectual Property on the Site.

COPYRIGHT INFRINGEMENT POLICY

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512©(2)("DMCA"),Hear-Perfect.com will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

1. a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
2. identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
3. identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
4. information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
5. a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
6. a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

Hear-Perfect.com designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent - Copyright Infringement Claims
TFLI US INC
1200 Brickell Avenue, Suite 1950#1016, Miami, Florida 33131
Email: compliance@tfli.us  

YOUR INDEMNIFICATION REQUIREMENTS

You agree to defend, indemnify and hold us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates harmless from any and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or related to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information ("PII") in response to any request form on our Site; (iii) your access or use of Services through our Site; (iv) access to our Site or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); (vi) the Services you receive from any of the Service Providers to which you were referred by us; and/or (vii) any personal injury or property damage caused by you.

GENERAL / MISCELLANEOUS TERMS

Governing Law, Jurisdiction, Venue. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida, U.S.A., without regards to any choice of law provisions. Should you properly opt out of Arbitration, you hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, U.S.A. in all disputes arising out of or relating to the use of the Hear-Perfect.com Web Site. If you did not opt out of Arbitration, please see the Arbitration provision below for the applicable law and jurisdiction governing your arbitration. You and we agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.

Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hear-Perfect.com as a result of this Agreement or use of the Hear-Perfect.com Site.

Applicability of Laws. Hear-Perfect.com performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hear-Perfect.com right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hear-Perfect.com Site or any information provided to or gathered by Hear-Perfect.com with respect to such use. Use of the Hear-Perfect.com Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement. Unless otherwise specified herein, this Agreement, along with our Privacy Policy, any Notices and Disclosures on our Site, which are incorporated herein by reference, together constitute the entire agreement between the You and Hear-Perfect.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hear-Perfect.com with respect to the Hear-Perfect.comWeb Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English despite having these terms in translated to other languages.

AMENDMENTS TO THIS AGREEMENT

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Dispute Resolution by Binding Arbitration - IMPORTANT NOTICE WAIVING YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN COURT.

In the event of any controversy between you and Hear-Perfect.com, including but not limited to any demand, claim, suit cross claim, counterclaim, or third-party complaint or dispute, whether contractual, statutory, in tort or otherwise (including but not limited to our designated servicers and any fulfillment provider working on your behalf) arising out of, or in any way relating, to our relationship, including but not limited to this Agreement, our Privacy Policy, Site Disclaimers, use of the Hear-Perfect.com Site, the information on Hear-Perfect.com Site, any referral services provided by Hear-Perfect.com, or the breach, termination, enforcement, interpretation, or validity of the Agreement or its performance, including any determination of the scope, enforcement or applicability of this provision to arbitrate, shall be resolved by binding arbitration in Broward County, Florida, or the nearest metropolitan area to the county in which you reside, or at such other location upon which the parties may agree upon. This provision to arbitrate is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §1 et sec., which shall govern the interpretation and enforcement of our mutual agreement to arbitrate, and not by any state rule or statute governing arbitration and without respect to any state arbitration law. This agreement to arbitrate shall survive termination of the Agreement. The Parties agree to the following Arbitration Terms:

1. The Arbitration shall be administered by the American Arbitration Association ("AAA") (www.adr.org), the Judicial Arbitration Mediation Services ("JAMS"), or another nationally known consumer arbitration service agreed by the parties in the event AAA and JAMS no longer conduct consumer arbitrations. The Party who intends to seek arbitration must first send to the other Party a written Notice of Dispute before filing it with the arbitration service provider. The Notice must describe both the nature and basis of the dispute; and the specific relief sought. Any notice shall be deemed to have been given and received for all purposes when delivered by hand, a day after receipt through a nationally recognized overnight courier, or a day after being received through certified or registered mail, postage and charges prepaid, return receipt requested, to us at: TFLI US INC, Attn: Legal Department, 1200 Brickell Avenue, Suite 1950#1016, Miami, Florida 33131
2. Commencement and Rules of Arbitration. If we do not resolve a claim within 30 days after receipt of the Notice, the party sending the Notice may commence an arbitration proceeding with the AAA, JAMS, or another national arbitration provision if AAA or JAMS are unavailable, by filing a Demand of Arbitration in effect at the time the action is commenced. If you choose to file with the AAA, you may download or copy the form to initiate arbitration from the following website: http://www.adr.org/consumer. The AAA shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the AAA shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes ("AAA Rules"), with the exception of Mass or Class Arbitration rules. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If you choose to file with JAMS, you may download or copy the form to initiate arbitration from the following website: https://www.jamsadr.com/adr-forms. JAMS shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the JAMS shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Consumer Arbitration Minimum Standards ("JAMS Rules"), with the exception of Mass or Class Arbitration rules. In the event another arbitration service is provided, the parties agree to follow the rules and principles of that arbitration service, except as to any rights to Mass or Class Arbitration rules which the Parties expressly agree will not apply.
3. The Arbitrator. The selected arbitrator shall be either a retired judge or an experienced attorney, shall be neutral and independent, and shall comply with the selected arbitration service's code of ethics. The Arbitrator shall conduct the arbitration in a civil manner and ensure civility of the parties while making their arguments. Additionally, in conducting the arbitration hearing, in addition to the selected arbitration service rules, the arbitrator shall be guided by the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and Florida substantive law.
4. The Arbitration Award. The Arbitrator shall issue a written reasoned award in which the arbitrator shall address the claims, defenses, evidence presented, and legal reasoning in making his decision. If the Arbitrator determines that reasonable attorney fees and costs may be awarded under applicable law, the parties agree that the arbitrator will also determine the amount of reasonable attorneys' fees to be awarded. Any award rendered by the arbitrator shall be final and binding and shall not be subject to vacation or modification, except as expressly permitted by the Federal Arbitration Act. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the Party against whom judgment is to be entered.
5. Waiver of Right to Bring Mass or Class Actions. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported mass, class, or other representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
6. Limitation on Injunctive Relief: The arbitrator may award injunctive relief only in favor of an individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
7. Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the selected arbitration service rules. Each party shall bear its own attorneys' fees, if any, unless such fees are expressly provided for by applicable law. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator's award, or fails to comply with the Arbitrator's award, the other party shall be entitled to costs of suit, including reasonable attorneys' fees for having to compel Arbitration or defend or enforce the award.
8. Arbitration Opt-Out. YOU MAY OPT-OUT OF THE TERMS OF THIS ARBITRATION PROVISION BY PROVIDING HEAR-PERFECT.COM WITH NOTICE IN WRITING WITHIN THIRTY (30) DAYS OF FIRST USING OUR SITE. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing either by U.S. mail delivered to: Attn: Legal Department, 1200 Brickell Avenue, Suite 1950#1016, Miami, Florida 33131 or by email delivered to compliance@tfli.us. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.
9. What does arbitration mean? By agreeing to arbitration, we both acknowledge and agree that we are each: (i) waiving the right to pursue any other available dispute resolution processes, including, but not limited to, a court action or administrative proceeding, (ii) waving the right to participate in any class or mass action, (iii) waving the right to a trial by either a judge or jury, and (iv) giving up any right to appeal the arbitrator's decision, except for a limited range of appealable issues expressly provided in the FAA. This section is considered by the parties to be an integral and non-voidable requirement and part of this Agreement, and the parties agree that prior to signing this Agreement including agreeing to this section they: (1) have had the opportunity to review such carefully, including with their own legal counsel if needed, (2) the parties understand the limitations on legal rights contained in this section including, but not limited to, the waiver of jury trial, the waiver of court proceeding and class actions, and (3) the parties consent and agree that this section is fair, reasonable, represents the intentions of each party at the time of entry into this Agreement, and should not be set aside later for any reason by any court. This section and the arbitration requirement shall survive termination.

Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.

CONTACT US:

TFLI US INC trading as Hear-Perfect.com
1200 Brickell Avenue, Suite 1950#1016, Miami, Florida 33131.
Email: compliance@tfli.us