Terms of Service
Earsmile.com, “we”, “us”, “our”, “The Company”, is the owner and operator of the website http://www.Earsmile.com.com and its landing pages (“The Site”). The following Terms of Service govern the use of this website. “Client”, “You” and “Your” refers to you, the person accessing this website and by doing so, accepts the Company’s Terms of Service. Please read these Terms of Service carefully.
Earsmile.com reserves the right to alter these Terms of Service, with the new terms becoming effective as of the date or publishing, indicated at the beginning of the post. These terms are binding upon you and you should read them whenever you use the Site.
No Professional Advice
The Site is not intended for anyone under 18 years of age. You may not use the Site for anything but for personal, non-commercial purposes. You therefore warrant to Earsmile.com that you will not use the Site for anything that is unlawful or prohibited by these Terms of Service. We reserve the right to refuse service, discontinue transactions, terminate accounts, or cancel orders in its sole discretion.
FDA Medical Waiver
When purchasing a hearing aid from Earsmile.com, you acknowledge that you are 18 years of age or older and that you have been advised by Earsmile.com that the Food and Drug Administration has determined that your 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. You do not wish a medical evaluation before purchasing a hearing aid.
All products purchased through the Site are shipped and billed by Earsmile.com. Risk of loss passes to the purchaser upon delivery of a product to a common carrier. Orders are typically shipped standard ground. Shipping fees on returns will be incurred by the user. Note also that for international orders, Earsmile.com will not be able to cover shipping and customs costs (if applicable).
Returns & Promotions
Earsmile.com will not refund products that were opened, used, modified, damaged through no fault of Earsmile.com, or repaired without the written consent of Earsmile.com.
Reselling Products Prohibited
You are absolutely prohibited from reselling in any manner any products you purchase from Earsmile.com, whether you purchased the products through the website or by any other means.
Reviews, Comments, Communications and Other Content
You may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Earsmile.com a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Earsmile.com and any of our sub-licensees the right to use the name that you submit in connection with such content, if they choose. 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 Earsmile.com for all claims resulting from content you supply. If you use a Community Forum, 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.
Disclaimer of Warranties
Neither Earsmile.com nor its employees, agents, Suppliers, third party information providers, merchants, licensors or the like warrant that the Site or their operation will be accurate, reliable, uninterrupted or error-free.
Without limiting the foregoing, everything on the Site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, covering the products available on the Site and the accuracy of the information contained within your account or within the Site. Earsmile.com makes no warranties about the accuracy, reliability, completeness or timeliness of the Site’s content, software text, graphics, and links, or about results to be obtained from using the Site or Earsmile.com’ services.
If your use of Earsmile.com results in the need for servicing or replacing property, material, equipment or data, Earsmile.com is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Site on behalf of Earsmile.com. Earsmile.com reserves the right to change or discontinue at any time any aspect or feature of the Site. Earsmile.com does not assume any liability for the contents of any material provided on the Site. Reliance on any information presented on the Site is at your own risk.
You acknowledge that, in connection with the Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Earsmile.com. Accordingly, Earsmile.com assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
Limitation of Liability
In no event will Earsmile.com or its affiliates, or any party involved in creating, producing or delivering this service, be liable for any direct, indirect, special or punitive damages and costs (including, without limitation, health problems, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) arising out of your access, use, misuse or inability to use the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. Earsmile.com reserves the right to alter the content of the Site in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if Earsmile.com 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.
Upon a request by Earsmile.com, you agree to defend, indemnify and hold Earsmile.com, 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.
Occasionally, we may make available a link to a third party’s website. These links will let you leave this website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents.
Earsmile.com retains full copyright ownership, rights and protection in all material contained on the Site (including all software, HTML code, Java applets, Active X controls and other code). Except as otherwise expressly provided in these Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on the Site.
You may, however make single copies of materials displayed on the Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Earsmile.com or the copyright owner of the copied material.
None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Earsmile.com.
You agree that Earsmile.com may terminate your use of the Site for any reason, with or without notice to you. You also agree that Earsmile.com may modify or discontinue the Site, 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 expressly agree that exclusive jurisdiction for any dispute with Earsmile.com, or in any way relating to your use of the Site (“Legal Action”), shall be the courts of State of North Carolina. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of North Carolina in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the District of North Carolina. These Terms of Service are governed by the internal substantive laws of the State of North Carolina, without regard to conflict of law principles. If any provision of these Terms of Service are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to Earsmile.com must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Notification of Changes
Earsmile.com reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Service to which you are bound. Your use of the Site after the posting of modifications to the Terms of Service will constitute your acceptance of this agreement, as modified. If at any time you do not wish to accept this agreement, you are not thereafter authorized to use the Site.
The provisions “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Trademarks,” and “General Provisions” will survive termination of this agreement.