Website Terms and Conditions

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This Website Terms of Use and Privacy Policy (“Policy”) explains the rules that apply when you use the website operated by Nova Custom Technologies Inc., doing business as Nova Hearing Center (“Nova,” “we,” “us,” or “our”), and how we collect, use, disclose, and protect personal information.

This Policy applies to all covered websites, apps, and related online services that link to it (collectively, the “Website”). It does not replace Nova’s separate Notice of Privacy Practices, which explains how protected health information (“PHI”) may be used and disclosed under the Health Insurance Portability and Accountability Act (“HIPAA”), when HIPAA applies.

Medical emergency: Call 911 or seek immediate medical care. Do not use this Website, email, text messaging, or an online form for urgent medical needs.

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1. Acceptance and Eligibility

By accessing or using the Website, you agree to this Policy. If you do not agree, do not use the Website.

You must be at least 18 to make a purchase, create an account, consent to services, or submit insurance information. A parent, guardian, or other legally authorized representative may act for another individual when permitted by law.

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2. Educational and Medical Information

Website content is general educational information, not an individualized hearing evaluation, diagnosis, treatment plan, or substitute for advice from a qualified healthcare professional. Using public Website content alone does not establish a clinician-patient relationship.

Information about hearing loss, tinnitus, cognition, brain health, hearing aids, or treatment outcomes is general. Individual results vary. No Website statement guarantees that a hearing aid or service will prevent, treat, or reverse dementia, cognitive decline, tinnitus, or another medical condition.

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3. Telehealth and Remote Services

Nova may offer remote consultations, hearing-aid support, screening, programming, education, or related services where legally permitted. Availability depends on the patient’s location, professional licensure and scope of practice, the requested service, and applicable law.

Remote care is not appropriate for every person or condition. Nova may require an in-person examination, medical referral, additional testing, or emergency care. Users must accurately report their identity, current location, symptoms, health history, devices, and other relevant information.

Telehealth notices and consents presented during scheduling or intake are incorporated by reference and control if they conflict with general Website information.

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4. Products and Hearing-Care Services

Product descriptions, images, specifications, availability, prices, promotions, and delivery estimates may change. Colors and appearance may vary by display. Nova may correct errors, limit quantities, request verification, or cancel or decline an order as permitted by law.

Recommendations depend on individual hearing needs, ear health, communication goals, dexterity, preferences, and other factors. A particular product or technology level may not be appropriate for every user.

Prescription and over-the-counter hearing aids are regulated differently. Applicable product labeling, candidacy requirements, warnings, professional-service requirements, and state-law protections apply.

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5. Insurance and Benefit Verification

Insurance verification is a courtesy, not a guarantee of eligibility, coverage, payment, reimbursement, authorization, or claim approval. Benefit information may be incomplete or may change.

By submitting insurance information, you authorize Nova and its service providers to use and disclose it as reasonably necessary to verify benefits, obtain authorization, coordinate requested services, and support claims, subject to applicable law and any separate authorization presented to you.

You remain responsible for understanding your plan and for deductibles, copayments, coinsurance, exclusions, noncovered services, and other patient-responsibility amounts. Contact your insurer for a final benefit determination. False, altered, or misleading information is prohibited.

 

6. Payment, Shipping, Returns, and Trials

Prices are in U.S. dollars unless stated otherwise. Taxes, shipping, professional services, accessories, earmolds, loss-and-damage coverage, financing charges, or other amounts may apply and will be disclosed when required.

Independent third parties may provide payment or financing under their own terms and privacy policies. Nova does not control a lender’s approval, rates, fees, or account practices.

Orders are generally processed within 30 business days, subject to payment, insurance, clinical requirements, manufacturer availability, customization, and verification. Delivery estimates are not guarantees. Report a lost or damaged shipment to 833-687-8324 or contact@novacustomtech.com within 30 business days.

Returns, refunds, cancellations, and hearing-aid trial rights vary by product, service, manufacturer agreement, payer requirements, and state law. The terms provided with the order or purchase agreement control. Transaction documents must identify the trial start date, permitted fees, exclusions, device condition requirements, and nonwaivable state-law rights.

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7. Accounts and Acceptable Use

You agree to provide accurate information, comply with law, protect login credentials, notify Nova of suspected unauthorized access, and avoid disrupting Website operation or security. You may not introduce malicious code, scrape protected areas, attempt unauthorized access, commit fraud, or infringe another person’s rights.

Nova may restrict access when reasonably necessary to protect users, comply with law, address security or fraud, or enforce these terms.

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8. Intellectual Property

The Website and its text, graphics, photographs, videos, logos, software, and design are owned by or licensed to Nova and protected by law. Nova grants you a limited, revocable, nonexclusive license for personal, noncommercial use. You may not reproduce, distribute, sell, modify, publicly display, circumvent protections for, or commercially exploit Website content without permission, except as allowed by law.

Third-party names and trademarks belong to their owners. A manufacturer or product reference does not imply sponsorship beyond any actual commercial relationship.

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9. Third-Party Services

The Website may connect to scheduling, payment, financing, shipping, communications, telehealth, hearing screening, analytics, or social-media services. Third parties have their own terms and policies. Nova evaluates service providers and enters into agreements required by applicable law when they handle information for Nova, but Nova does not control independent third-party content or practices.

 

10. Electronic Records and Communications

If you affirmatively consent, electronic records and signatures may be used for agreements, authorizations, disclosures, orders, and related transactions. Required disclosures will explain hardware or software needs, paper-copy options, fees, and withdrawal procedures. Withdrawal does not invalidate a record validly completed beforehand.

Nova may contact you about inquiries, appointments, orders, account activity, benefits, devices, or care coordination as permitted by law. Marketing email or text messages require any consent mandated by law, and marketing consent is not a condition of purchase or care. Message and data rates may apply. Where applicable, reply STOP to opt out and HELP for help.

Do not send urgent or highly sensitive information through ordinary email or text unless Nova directs you to an approved secure method.

Privacy Policy

11. Information We Collect

Depending on your use of the Website, Nova may collect:

• Contact and identity information, including name, address, email, telephone number, date of birth, and account credentials.

• Appointment requests, messages, preferences, and support communications.

• Order, shipping, payment, financing, warranty, return, and transaction information. A payment processor may collect card information directly.

• Insurance, benefit-verification, authorization, and claim-related information.

• Hearing, health, screening, consultation, device, and service information.

• Electronic-signature records, consent choices, and communication preferences.

• Information submitted by an authorized representative, caregiver, or family member.

• Technical information such as IP address, device and browser type, operating system, referring page, Website interactions, approximate location derived from IP address, and timestamps.

• Cookie, pixel, analytics, advertising, and security data, depending on your choices and applicable law.

• Information from insurers, benefit administrators, healthcare professionals, manufacturers, service providers, shippers, referral sources, and fraud-prevention providers, as permitted by law.

 

12. How We Use Information

Nova may use information to:

• Respond to inquiries and provide support.

• Schedule, evaluate, provide, document, and improve services.

• Verify benefits and support authorizations or claims.

• Process orders, payments, financing requests, shipments, returns, repairs, warranties, and device support.

• Authenticate users, secure accounts, and prevent fraud or misuse.

• Communicate about appointments, orders, services, devices, and account activity.

• Improve Website content, usability, accessibility, security, and performance.

• Measure traffic and marketing effectiveness, subject to consent and law.

• Meet legal, professional, safety, quality, recordkeeping, and compliance obligations.

• Protect rights and safety and establish, exercise, or defend legal claims.

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13. How We Disclose Information

Nova may disclose information to:

• Service providers supporting hosting, security, scheduling, telehealth, communications, payments, financing, shipping, analytics, document management, and customer support.

• Insurers, administrators, clearinghouses, healthcare professionals, manufacturers, laboratories, repair facilities, and care partners as needed for requested services and permitted by law.

• Advisers, auditors, insurers, regulators, law enforcement, courts, or others when reasonably necessary to comply with law, protect rights or safety, or address claims.

• A successor or prospective successor in a merger, financing, reorganization, sale, or transfer, subject to appropriate safeguards.

• Other recipients at your direction or with your authorization.

Nova does not sell personal information for money. Certain advertising cookies or cross-context behavioral advertising may be considered “selling,” “sharing,” or “targeted advertising” under some state laws even when no money changes hands. The published statement and controls must match Nova’s actual technology.

 

14. HIPAA and PHI

When Nova acts as a HIPAA covered entity or business associate, eligible health information is handled under HIPAA and other applicable health-information laws. HIPAA does not necessarily apply to every item collected through a public website.

Nova’s separate Notice of Privacy Practices must describe permitted uses and disclosures of PHI, individual rights, Nova’s duties, complaint procedures, and contact information.

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15. Cookies and Preference Signals

Nova may use technologies necessary to operate and secure the Website, remember preferences, understand use, and—when permitted—measure or support advertising. Manage nonessential technologies through your internet browser. Disabling necessary technologies may affect operation.

Nova will honor legally required browser-based opt-out signals, such as Global Privacy Control, when applicable.

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16. Security and Breach Notification

Nova uses reasonable administrative, technical, and physical safeguards designed to protect information, which may include access controls, encryption where appropriate, training, vendor oversight, logging, backups, and incident response. No system can be guaranteed completely secure.

If a qualifying breach occurs, Nova will provide notifications required by applicable health-privacy, consumer-protection, and breach-notification laws.

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17. Data Retention

Nova retains information as reasonably necessary to provide services, maintain medical and business records, satisfy warranty and tax obligations, resolve disputes, enforce agreements, and comply with law.

Periods vary by record type, patient age, jurisdiction, payer or contract requirement, and legal need. Nova does not apply a universal 30-year period unless a documented requirement specifically supports it. When information is no longer needed, Nova takes reasonable steps to delete, destroy, de-identify, or anonymize it.

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18. Privacy Rights

Depending on your residence and legal exceptions, you may have rights to access, correct, delete, or obtain a copy of information; learn about categories, purposes, and recipients; opt out of certain sales, sharing, targeted advertising, or profiling; withdraw consent; appeal a denial; or use an authorized agent.

HIPAA provides separate rights for PHI, described in Nova’s Notice of Privacy Practices.

Submit a request at contact@novacustomtech.com or 833-687-8324. Nova may verify your identity and authority. Nova will not unlawfully discriminate against you for exercising a privacy right.

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19. Children

The Website is not directed to children under 13, and Nova does not knowingly collect personal information online directly from a child under 13 without legally valid parental consent. A parent or guardian who believes a child submitted information should contact Nova. Information concerning minors provided by an authorized adult or professional may be handled as permitted by law.

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20. Accessibility

Nova is committed to an accessible digital experience and works to improve compatibility with assistive technologies and recognized practices. If you have difficulty accessing content, forms, captions, or features, contact 833-687-8324 or contact@novacustomtech.com. Describe the page, feature, and help needed. Nova will make reasonable efforts to provide an accessible alternative and address the issue.

Accessibility statements should reflect actual testing and remediation; they should not promise perfect compliance.

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21. Changes to This Policy

Nova may update this Policy for changes in services, technology, law, or business practices. A revised version will display a new “Last updated” date. Nova will provide additional notice or obtain consent when legally required.

Additional Terms

22. Disclaimers and Liability

To the fullest extent permitted by law, the Website is provided on an “as available” basis. Nova does not promise uninterrupted or error-free operation or that content will always be complete or suitable for every purpose. This does not exclude nonwaivable warranties or obligations in an order, patient agreement, manufacturer warranty, or applicable law.

To the fullest extent permitted by law, Nova and its personnel will not be liable for indirect, incidental, special, punitive, or consequential damages arising from Website use. This does not limit liability where prohibited, including certain liability for professional services, personal injury, gross negligence, willful misconduct, privacy or security violations, or another nonwaivable duty.

You agree, to the extent permitted by law, to indemnify Nova from third-party claims arising from your unlawful misuse of the Website, infringement of another’s rights, or fraudulent information you knowingly submit. This does not require indemnification for Nova’s negligence or unlawful conduct.

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23. Governing Law and Disputes

These terms are governed by the laws of the "company" otherwise known as "entity" founding state of North Carolina, except where federal or another jurisdiction’s nonwaivable law applies.

Do not publish a binding-arbitration or class-action-waiver clause without counsel’s review. Enforceability depends on conspicuous presentation, affirmative assent, remedies, fees, opt-out rights, and applicable consumer and healthcare law. If Nova uses arbitration, present it as a separate agreement rather than burying it in a privacy policy.

Nothing prevents a consumer from contacting an appropriate regulator or licensing board.

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24. Severability and Waiver

If a provision is unenforceable, it will be modified only as necessary or severed, and the remaining terms will continue. Failure to enforce a provision is not a waiver.

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25. Contact Nova

Nova Custom Technologies Inc. d/b/a Nova Hearing Center
600 North Witchduck Road, Suite 103
Virginia Beach, VA 23462
Phone: 833-687-8324
Email: contact@novacustomtech.com

Privacy contact or HIPAA Privacy Officer: John Schaeffer

Questions, accessibility requests, privacy requests, complaints, and suspected security incidents may be directed to the contacts above. HIPAA complaints may also be submitted as described in the Notice of Privacy Practices. Nova prohibits retaliation for filing a good-faith privacy complaint.