T10 BEspoke Trademark and IP

T10 Bespoke is a wholly owned trademark of EAR Micro. Technology in the T10 Bespoke includes intellectual property covered by +15 patents granted and pending by EAR Micro and its parent organization. Use of the T10 Bespoke name, logo, images, specifications, or any other copy associated with the product or its presentation on T10Bespoke.com, Klipsch.com, earmicro.com, or any other authorized dealer or representative website, must be approved in writing in advance by EAR Micro, LLC.

Apple Legal

Use of the Made for Apple badge means that an accessory has been designed to connect specifically to the Apple product(s) identified in the badge and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards.

iPhone, and Lightning are trademarks of Apple Inc., registered in the U.S. and other countries. The trademark “iPhone” is used in Japan with a license from Aiphone K.K.

Bragi Legal

Use and display of Bragi trademarks and sublicense of Bragi IP by EAR Micro in conjunction with EAR Micro’s products and service offerings is accomplished under express permission of Bragi, GmBh. No unauthorized use of the Bragi trademark or IP shall be granted or tolerated.

PRIVACY

EAR Micro, LLC. and each of its affiliated companies (“EAR Micro, we, us, or, our”) is committed to respecting the privacy rights of all users of the EARMicro.com website. Where this Privacy Policy is posted (each, a “Site”) and persons who may contact EAR Micro or EAR Micro contests, sweepstakes, online surveys, use of applications and software we may make available from time to time (collectively “Services”). EAR Micro has established and implemented this Privacy Policy to inform visitors of the Site and users of our services, how we use and protect the information we collect through the Site and the Services. By visiting the Site or using any of the Services, you consent to EAR Micro’s collection, use, disclosure, transfer and storage of information relating to you as set forth in this Privacy Policy

WHAT KIND OF INFORMATION DO WE COLLECT?

There are cases where EAR Micro may ask you for personal information, such as your name, address, date of birth, gender, email address, etc. We do this for instance when you register for contests/promotions, respond to communication such as e-mail, and for services that require registration or subscription. If you would like to be on our mailing list, we will ask you to actively opt-in. We might also collect personal information from you about a third party, for instance if the website allows you to send an email referring someone to our site or an active promotion, in which case we need to know the name and e-mail address of the recipient. That information will only be used for the specific purpose (delivering the email) and EAR Micro will not further contact the third party unless the third party contacts us.

·       We may use 'cookies' to gather information about your visits to our website to enhance your experience. You can find more information on how we use cookies in the section 'Use of Cookies'.

·       When you visit our website we may collect so called 'click stream' data (server address, domain name etc.). This information can be combined with information you have provided to us (for instance by registering), which will enable us to analyze and better customize your visits.

INFORMATION YOU PROVIDE TO EAR MICRO

While EAR Micro does not generally require that you provide us with personally identifiable information in order to visit and use the Sites, please note that in order to participate in some activities, such as sweepstakes, contests and other promotions, chat rooms or bulletin boards, we may ask you to provide information that could reasonably be used to contact you or to identify you personally (such as first and last name, e-mail address, mailing address and telephone number) ("Personal Information"). We may also ask you to provide other information about yourself, such as demographic information (such as gender, geographic region, age, etc.) or certain information about your preferences and interests. If you choose not to provide such Personal Information or other information to us, you may not be able to participate in certain activities we offer. If we combine demographic or other information we collect about you as Personal Information, We may offer opportunities to enter into promotions on our own or together with a third party. Such Promotions may require registration and the disclosure of both Personal Information and non-Personal Information. In the event that a promotion is offered jointly with a third party, as a result of your participation in such promotions, your Personal Information and non-Personal Information may be shared with such third party which we will disclose to you at the time you provide your information. By entering a promotion, you are agreeing to the official rules that govern that promotion; which may contain specific requirements of you, including but not limited to, allowing the sponsor and/or other third parties connected to the promotion to use your name, voice and/or likeness in advertising and marketing materials; except where prohibited by law, Therefore, always carefully read the rules of the promotion before entering. 

 

INFORMATION AUTOMATICALLY COLLECTED

In addition to any Personal Information or other information that you choose to provide via the Sites, whenever you visit or interact with the Sites, EAR Micro automatically collects certain information such as your IP address and/or another unique identifier ("Device Identifier") for the computer, mobile device, technology or other device ("Device") you use to access the Sites and any referring website. (A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers. Our computers identify your Device by its Device Identifier.) Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access the Websites.

In addition, EAR Micro, as well as certain third-party analytics and other service providers, may use a variety of technologies that automatically or passively collect information about how you use the Sites ("Usage Information"). Usage Information may include, in part, browser type, operating system, the page served, the time at which a page was accessed and/or the time spent on a page, and the preceding pages views. Usage Information is generally nonidentifying, but if EAR Micro associates the collected data with you as a specific and identifiable person, we will treat it as Personal Information.

 

INFORMATION ABOUT FRIENDS AND FAMILY 

When you share information and Site links, send or share EAR Micro promotions and marketing materials, or send products to family and friends and others, EAR Micro may collect the information you provide about those people such as name, address, email address and phone number.

  

INFORMATION SHARED ON A WEBSITE OR NETWORK OWNED AND CONTROLLED BY A THIRD PARTY

Functionality on the Sites may permit interactions between such Sites and a third-party website, such as enabling you to “like” a product or “share” content to third-party websites. If you choose to “like” or “share” content or to otherwise post information from or via the Sites to a third-party website, feature or application, that information may become public and the third-party web site may have access to information about you and your use of the Sites.

You may also choose to participate in a third party application or feature (such as one of our Facebook applications or a similar application or feature on a third-party website) through which you allow us to collect and share (or the third party to share) information about you, including Personal Information. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third-party website give us access to their profiles and you are one of their “connections,” or if information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other third-party website or interactive service.

USE OF VISITORS' INFORMATION

All personal information that we obtain about you will be recorded, used and protected by us in accordance with current Data Protection Legislation and this privacy policy. We will primarily use your personal information to provide products and services to you and, for example:

·       To administer a contest, promotion, survey or other site feature and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest). You may be contacted by phone or email.

·       To send you information/materials via e-mail or SMS messages about products, offers and news we think would interest you. This information may relate to products, offers and news of EAR Micro and/or its licensees or carefully selected commercial partners. We only send you this if you have opted-in to receive EAR Micro e-mails and/or SMS messages. In case you do not want to receive any e-mails and/or SMS messages from us anymore, or if you want to modify your personal data or want your personal data to be deleted from our database, we refer you to the 'Opt-out, delete or modify personal information' section below.

·       To analyze visits to the website and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interest and need, so we can improve our products and services and deliver the type of content, features and promotions that you are most interested in.

 

INFORMATION MANAGEMENT

The global and local websites of EAR Micro and the information collected, are managed and controlled by EAR Micro. The servers that make the global and local websites of EAR Micro available are located in the USA. If you are located outside the USA, please note that the information you provide will be transferred to the USA and by submitting the information you authorize this transfer. EAR Micro has entered into an agreement with a hosting company in the USA to provide sufficient safeguards for the protection of your data. Personal information will be handled in accordance with the California Consumer Privacy Act (CCPA) and this Privacy Policy.

  

PROTECTION OF VISITORS' INFORMATION

In order to protect the information you provide to us by visiting our website we have implemented various security measures. Your personal information is contained behind secured networks and is only accessible by a limited number of people who have special access rights and are required to keep the information confidential.

However, keep in mind that whenever you supply personal information online, there is a risk that third parties may intercept and use that information for their purposes. While EAR Micro strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online, therefore you do so at your own risk.

 

CHILDREN'S PRIVACY

When a child tries to submit his/her registration he/she will be asked to submit the same kind of information as indicated in the above section 'Information we collect from visitors'. Furthermore the information provided by the child and gathered (for instance through the use of cookies) during his/her visit may be used as indicated in the said above section.

 

DISCLOSING PERSONAL INFORMATION TO THIRD PARTIES 

Except as described in this policy, we do not sell, trade or otherwise transfer your personal information to third parties without informing you in advance and in accordance with applicable data protection law. Your data may be transferred to web site hosting partners and other parties who assist us in designing and operating the website, executing services (for instance prize fulfillment) or help us analyze collected data. These parties will only use your data for the purpose of carrying out the work as indicated and will be required to keep the information confidential. We will also release personal data without consent if such is required by law, for security purposes, or to prevent imminent harm.

  

LINKS TO THIRD PARTIES

For your convenience and to improve the usage of the website we insert links to third parties, for which this privacy policy does not apply. These links take you outside our service and off the EAR Micro site and are beyond our control. This includes links from partners that may use EAR Micro's logos as part of a co-branding agreement or sell EAR Micro products. The sites you can link to have their own separate privacy policy and although we seek to protect the integrity of our site, EAR Micro is not responsible and cannot be held liable for the content and activities of these sites. Your visit/access to these sites is therefore entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information.

 

USE OF COOKIES

A cookie is a small string of information that the website that you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used to remember for instance your user name and password. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (like Internet Explorer). There are also software products available that can manage cookies for you. Please be aware though that when you have set your computer to reject cookies, it can limit the functionality of the website you visit and it's possible then that you do not have access to some of the features on the website.

  

OPT-OUT, DELETE OR MODIFY PERSONAL INFORMATION 

You may cancel your registration at any time, and you can choose to opt-out of receiving any e-mails from EAR Micro. Additionally you can choose to have all your personal information deleted from our database at that time.

CALIFORNIA CONSUMER PRIVACY RIGHTS

If you are a California resident, you have the right to receive: (a) information identifying any third party or parties to whom EAR Micro may have disclosed within the preceding calendar year, your personal information for the third-party’s direct marketing purposes; and (b) a description of the categories of personal information disclosed. To obtain such information free of charge, please write to us at EAR Micro, 4043 Broadway, Kansas City, MO 64111, Attn: Legal Department, or submit your request to concierge@earmicro.com. EAR Micro will respond to these requests within thirty (30) days. Requests that come to EAR Micro by other means may result in a delayed response.

 

CALIFORNIA ONLINE PRIVACY PROTECTION ACT NOTICE: Some web browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. How browsers communicate the Do Not Track signal is not yet been established. . For this reason, our Websites do not currently interpret, respond to or alter their practices when they receive Do Not Track signals. Please note that third parties may collect personal information about your online activities over time and across different websites when you visit our website or other online websites and services. To find out more about "Do Not Track," you may wish to visit http://www.allaboutdnt.com.

 

CALIFORNIA "DO NOT SELL MY INFORMATION" NOTICE

This section applies to California residents. It describes how EAR Micro collects, uses and shares personal information of California residents, and their rights with respect to their personal information, as defined under the California Consumer Privacy Act of 2018 (“CCPA”).

 

CALIFORNIA RESIDENTS PRIVACY RIGHTS

If you are a California resident, you may ask businesses to disclose what personal information they have collected about you and what they do with that information. You are also allowed to request that they delete or not sell your personal information. You also have the right to be notified, before their collection of or the types of personal information they are collecting and what they do with that information. Generally, businesses cannot discriminate against you for exercising your rights under the (California Consumer Protect Act) CCPA. Businesses cannot make you waive these rights, and any contract provision that says you waive these rights is unenforceable.

As a California resident, you have the following rights in connection with your personal information (collectively, “Privacy Rights”):

·       Access/Portability: You have the right to request and receive a copy of your personal information EAR Micro has collected, used, disclosed and sold within the previous 12 months. You can also view and manage most of your personal information by logging into your EAR Micro account.

·       Deletion: You have the right to request the deletion of your personal information EAR Micro collects and maintains. Deleting your personal information is irreversible and means that you will no longer have an account with EAR Micro. By submitting a deletion request, you will be deleting your entire account including your order history. You will need to sign up again with EAR Micro.

·       Opt-Out: You have the right to opt-out of the sale of your personal information. EAR MICRO DOES NOT SELL ANY OF YOUR PERSONAL INFORMATION TO THIRD PARTIES FOR PROFIT. LIKE MOST ONLINE BUSINESSES, EAR MICRO SHARES SOME INFORMATION WITH CONTRACTED THIRD PARTIES IN ORDER TO PROVIDE BETTER SERVICES AND ADVERTISING TO YOU. California law may classify our limited sharing with these contracted third parties as a “sale” of personal information, and EAR Micro does afford you the option to opt-out of sharing this information. You also have the ability to restrict the use of cookies and advertising IDs:

o   You can use your browser’s settings to clear, delete or prevent cookies. EAR Micro cannot control cookies that you have stored on your browser and recommends deleting all current cookies. Instructions for how to do this on different types of browsers can be found here: https://www.allaboutcookies.org/manage-cookies/.

o   EAR Micro uses Google Ads and Google Analytics to serve and measure advertising. Please follow these links links here and here to opt-out of any personalized ads and cookies.

o   EAR Micro also uses Facebook and Instagram to help serve advertising. Please go here to control Facebook’s use of cookies and here to control Instagram’s use of cookies.

o   You may also find more information on our use of cookies and how to manage them in the Sections titled “USE OF COOKIES” and “OPT-OUT, DELETE OR MODIFY PERSONAL INFORMATION” above.

 

EXCEPTIONS TO DELETION REQUEST

 There are some exceptions to a deletion request. Common reasons why businesses may refuse to delete your personal information include:

·       The business cannot verify your request.

·       The request is manifestly unfounded or excessive, or the business has already provided personal information to you more than twice in a 12-month period.

·       Disclosure would restrict the business’s ability to comply with legal obligations, exercise legal claims or rights, or defend legal claims.

Also, please be aware that after submitting an Opt-Out request, you may still continue to see advertisements regarding our company online or through third parties. If you continue to visit or use the Site, you may also come across our ads. You will no longer receive personalized advertisements, but you may still see generic, non-personalized advertisements.

Non-Discrimination: You have the right to exercise any of your Privacy Rights free from discriminatory practices prohibited by California law.

  

HOW TO EXERCISE YOUR PRIVACY RIGHTS 

To submit a privacy related request, please write to us at EAR Micro, 4043 Broadway, Kansas City, MO 64111, Attn: Legal Department, or submit your request to concierge@earmicro.com.

Please allow up to 45 days for EAR Micro to complete your request. Please note, these Privacy
Rights are subject to exceptions, and in certain cases EAR Micro may decline your request (see Exceptions to Deletion Request) as permitted by law or if applicable, extend your request another 45 days. However, if this is necessary, we will notify you of this extension in time.

  

CHANGES TO THE POLICY 

The terms of this Privacy Policy will govern the use of any information collected while it is in place. EAR Micro reserves the right to change this Privacy Policy at any time, without prior notice to you, and any changes will become effective immediately upon posting. Your continued use of the Sites after posting of any changes to this Privacy Policy will constitute acceptance of, and agreement to be bound by those changes. So, please review this Privacy Policy periodically.

 

HOW YOU CAN CONTACT US

If you have any questions or comments relating to our website and/or the privacy policy, please contact us or write to us: EAR Micro, 4043 Broadway, Kansas City, MO 64111 or email us at concierge@earmicro.com.

INQUIRY, COMPLAINT, AND DISPUTE PROCESS:

If you have any questions or concerns about this Privacy Policy or if you would like to make a complaint about a possible breach of local privacy laws, please contact us at concierge@earmicro.com.

All such communications are examined and replies issued where appropriate as soon as possible. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction. If you contact EAR Micro, we will endeavor to provide you with information about relevant complaint resources which may be applicable to your circumstances.

 

COMPANY COMMUNICATIONS:

From time to time, EAR Micro may participate in marketing initiatives that include websites "powered by" another company on behalf of EAR Micro. As part of these initiatives, certain EAR Micro services and marketing communications may be delivered at the same time as those from other companies. Some of these services and communications offer you the option to share personal information with both EAR Micro and the other companies participating in these initiatives. For example, you may receive marketing communications from EAR Micro and other companies or have the opportunity to register online for products or services, such as software or apps from multiple companies. If you choose to provide personal information only to EAR Micro, EAR Micro will not share this information with the other companies participating in that marketing initiative. If you choose to provide personal information to the other companies, that personal information will be handled according to the privacy policy of those companies, which may differ from this Privacy Policy.

By using the EAR Micro website you signify that you agree to the terms of this Privacy Policy. If you do not agree with the terms of our Privacy Policy, please do not provide us with personal information and leave this website.

 

ONLINE POLICY

This Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond EAR Micro's control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through our website and not to information collected offline.

Terms & conditions

TERMS & CONDITIONS

Effective date: August 3, 2022

WEBSITE TERMS OF USE

Acceptance of the Terms of Use

These terms of use are entered into by and between You and EAR Micro LLC, and its brands T10 Bespoke and T10 (collectively referred to as “Company”, “we”, “us” or “our”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of t10bespoke.com, including any content, functionality and services offered on or through bespoke.com (the “Website”).

Please read the Terms of Use carefully prior to using the Website. By using the Website or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by the Terms of Use, our Terms of Sale, our Cookie Policy, and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use and our Privacy Policy, or do not wish to be bound by them, please do not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You must check these Terms of Use each time you access our Website in order to ensure that you are aware of the terms that apply to you at that time as such changes are legally binding.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Access to and use of certain functionalities and features of the Website may require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will provide us certain information to create and access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any product purchase. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately at concierge@earmicro.com of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website, and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The content on our Website is provided for your personal, private and non-commercial use only. These Terms of Use permit you to print or share the content from our Website for lawful personal, private and non-commercial purposes.You may not otherwise extract, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Ownership of Material on Our Website

All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our Website and its contents, features, and functionality are either owned by us or licensed to us. All such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law intellectual property laws, and all rights are reserved. Any use of the Website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the Website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively.

Prohibited Uses of Our Website

You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Website or any part of it, our systems, any of our hardware or equipment or any networks on which our Website is hosted, any software that we use to create or modify the Website or to make the Website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

You must use our Website for lawful purposes only and in accordance with these Terms of Use. You must not use our Website:

  • For any purpose that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For any fraudulent purposes whatsoever.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standard set out in these Terms of Use.

  • To conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us.

  • To impersonal or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

  • For the purpose of communicating with, exploiting, harming or attempting to harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To engage in any other conduct that restricts or inhibits anyone’s use of enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website. 

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain comment sections, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring, Enforcement, and Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote or assist any unlawful act.

  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

Our Website is made available to you in order to provide general information about us, our business, and any products or services that we may offer from time to time. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

While considerable effort has been made to ensure that the visual representations of EAR Micro products displayed on the Website are representative of the color, material, and style of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to your device’s display of color and size. Accordingly, EAR Micro cannot be held liable for any apparent differences in the product images represented on the Website and the original product.

This Website may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services or information formed through the Website or as a result of visits made by you are governed by our Terms of Sale which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. We may require the removal of a link to our website. Any link removal request must be completed within 24 hours of delivery.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.

  • Send e-mails or other communications with certain content, or links to certain content, on this Website.

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

Links to third-party content or websites may appear on our Website from time to time. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Missouri in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri in each case located in the City of Kansas City and County of Jackson although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Notices

We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Website or by sending it to any email address that you provide to us. You agree to send us notices by email to concierge@earmicro.com or by mailing them to the following address:

EAR Micro LLC

4043 Broadway Boulevard

Kansas City, Missouri 64111

Notice to California Residents

BY USING THE WEBSITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Website is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Website is:

Provider:                     EAR Micro, LLC

E-mail:                         concierge@earmicro.com

Postal Address:           EAR Micro, LLC, 4043 Broadway Boulevard, Kansas City, Missouri 64111.


If the Website is deemed as electronic commercial service, you may file a complaint regarding the Website or to receive further information regarding use of the Website by sending a letter to the attention of “Legal Department” at the above address.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Cookie Policy, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and EAR Micro LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by EAR Micro LLC, 4043 Broadway Boulevard, Kansas City, Missouri 64111.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: concierge@earmicro.com.      .