Acceptance of Terms of Use.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. In Ear Systems, Inc.( InEarSystems.com) owns and operates this Web, located at http://inearsystems.com/catalog (the Web site). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Web site. By accessing and using the Web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Web site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE InEarSystems.com OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. InEarSystems.com may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

DISCLAIMER OF WARRANTIES.
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. InEarSystems.com MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.

LIMITATION OF LIABILITY.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL InEarSystems.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF InEarSystems.com KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL InEarSystems.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED US DOLLARS ($100) EVEN IF InEarSystems.com HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL InEarSystems.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF InEarSystems.com OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.

InEarSystems.com EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL InEarSystems.com AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE.

IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

YOU HEREBY RELEASE InEarSystems.com AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.

No Advice.
The information contained on the Web site is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.

Linking.
The Web site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by InEarSystems.com of the contents of such third-party web sites. InEarSystems.com is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

While InEarSystems.com encourages links to the Web site, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of InEarSystems.com or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. InEarSystems.com reserves the right to prohibit or refuse to accept any link to the Web site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Web site upon the request of InEarSystems.com.

Online Commerce.
The Web site may allow you to purchase many different types of products and services online that are provided by InEarSystems.com (the Wares and Services). When ordering Wares and Services on the Web site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested.
Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. InEarSystems.com, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. InEarSystems.com, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.

You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. InEarSystems.com, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, InEarSystems.com, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.

The Web site may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). InEarSystems.com is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Web site or linked from the Web site, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not by InEarSystems.com.

You release InEarSystems.com and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Web site or by third-party web sites through the Web site.

Registration.
To use certain features of the Web site, you may be asked to register with the Web site. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If InEarSystems.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, InEarSystems.com has the right to suspend or terminate your access to and use of the Web site (or any portion thereof). InEarSystems.com\'s use of any personally identifying information you provide as part of the registration process is governed by the terms of InEarSystems.com\'s Privacy Policy.

Termination.
InEarSystems.com may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). InEarSystems.com may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement.

Governing Law and Jurisdiction.
The Web site (excluding linked Web sites) is controlled by InEarSystems.com from its offices within the State of Tennessee in The United States of America. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the State of Tennessee United States of America, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of The United States and/or the courts of the State of Tennessee with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.