THIS WEBSITE IS OWNED AND OPERATED BY HEARING TECHNOLOGIES LLC. THE TERMS AND CONDITIONS SET FORTH ON THIS FORM (THE ‘TERMS’), IN THE INSTRUCTIONS FOR USE AND CARE DELIVERED WITH ANY PRODUCT AND ANY WRITTEN AGREEMENT EXECUTED BY BUYER AND HEARING TECHNOLOGIES LLC, (‘‘LLC AGREEMENT”) CONSTITUTE THE ENTIRE AGREEMENT BETWEEN HEARING TECHNOLOGIES LLC D/B/A WWW.ECOMSUPPLY.NET, BY AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, (“WWW.ECOMSUPPLY.NET/ECOMSUPPLY/HEARING TECHNOLOGIES LLC”) AND BUYER (“BUYER”). HEARING TECHNOLOGIES LLC WILL NOT BE BOUND BY ANY ADDITIONAL OR DIFFERENT TERMS ON BUYER’S ORDER OR OTHER DOCUMENTS THAT ARE INCONSISTENT WITH THESE TERMS. ACCEPTANCE BY BUYER OF THESE TERMS MAY BE MADE BY 1) WRITTEN ACCEPTANCE, 2) USE OF HEARING TECHNOLOGIES LLC’S ONLINE OR TELEPHONE ORDERING SYSTEM OR 3) RECEIPT BY BUYER OF DELIVERY OF ANY PRODUCTS FROM HEARING TECHNOLOGIES LLC, WHICHEVER FIRST OCCURS.
Buyer will submit orders for products and services through HEARING TECHNOLOGIES LLC's online ordering system, located on the World Wide Web at WWW.ECOMSUPPLY.NET. These Terms apply to all orders for products and services accepted by HEARING TECHNOLOGIES LLC. Acceptance of Buyer’s order by HEARING TECHNOLOGIES LLC will be made only on the express understanding and condition that insofar as these Terms conflict with any terms and conditions in Buyer’s order, these Terms shall govern. No order shall be binding upon HEARING TECHNOLOGIES LLC until HEARING TECHNOLOGIES LLC sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication.
PRICES, TAXES & PAYMENTS
All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any governmental authority on this transaction. All prices presented on the site are subject to change at any time and without notice. Buyer will reimburse HEARING TECHNOLOGIES LLC for any such tax, fee or charge, at the time of sale or thereafter, that HEARING TECHNOLOGIES LLC is required to pay.
RETURNS, CHANGES AND CANCELLATIONS
Cancellations of and changes to orders for products and services, and returns of products by Buyer, will be subject to HEARING TECHNOLOGIES LLC's then-existing return, change and cancellation fees which can be found by clicking here. Upon the request of Buyer, HEARING TECHNOLOGIES LLC will use commercially reasonable efforts to inform the Buyer of the return, change, and cancellation policies existing at the time of Buyer’s request. HEARING TECHNOLOGIES LLC reserves the right to modify its return, change, and cancellation policies and fees at any time and without notice to Buyer. Buyer agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns.
Buyer agrees to shipping terms defined on then-existing shipping policy which can be found by clicking here.
The products sold by HEARING TECHNOLOGIES LLC are not intended for human consumption. Buyer acknowledges that the products may not have been tested for safety and efficacy in commercial use and products does not treat or cures any medical condition.
Buyer shall indemnify, defend, and hold harmless HEARING TECHNOLOGIES, LLC d/b/a WWW.ECOMSUPPLY.NET and its employees, agents, successors, officers, managers, members, president and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that HEARING TECHNOLOGIES LLC may sustain or incur arising from (a) Buyer’s improper use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer’s authorization, (c) use of the products by a third party without Buyer’s authorization, where such unauthorized use is due to Buyer’s negligent act or omission, or willful misconduct, (d) Buyer’s failure to comply with any applicable laws and regulations or to obtain any licenses or approvals necessary to purchase and use the products, or (e) the Buyer’s breach of any of its obligations set forth in these Terms or in any Agreement. HEARING TECHNOLOGIES LLC will provide Buyer with: (i) prompt written notice of such claim of which HEARING TECHNOLOGIES LLC is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer’s expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of HEARING TECHNOLOGIES LLC, which shall not be unreasonably withheld.
WARRANTIES AND DISCLAIMERS
All information appearing in HEARING TECHNOLOGIES LLC’s documentation or on WWW.ECOMSUPPLY.NET’s website is provided “AS IS” and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. HEARING TECHNOLOGIES LLC provides no warranty with respect to the contents of its documents or website or with respect to the products and/or services sold hereunder, except those products directly manufactured by HEARING TECHNOLOGIES LLC and services directly provided by HEARING TECHNOLOGIES LLC. For products not directly manufactured by HEARING TECHNOLOGIES LLC and services not directly provided by HEARING TECHNOLOGIES LLC, Buyer receives a warranty on such products or services, if any, directly from the manufacturer of those products or provider of those services to the extent such “pass-through” warranties are available. Upon the request of the Buyer, HEARING TECHNOLOGIES LLC will use commercially reasonable efforts to inform the Buyer of the warranty policy of a particular manufacturer or service provider, or to direct Buyer to a source of such information. HEARING TECHNOLOGIES LLC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO WWW.ECOMSUPPLY.NET’S WEBSITE OR THE PRODUCTS AND SERVICES SOLD HEREUNDER. HEARING TECHNOLOGIES LLC EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. HEARING TECHNOLOGIES LLC DOES NOT WARRANT THAT OPERATION OF WWW.ECOMSUPPLY.NET ONLINE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT WWW.ECOMSUPPLY.NET’S WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
HEARING TECHNOLOGIES LLC D/B/A WWW.ECOMSUPPLY.NET SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY AGREEMENT, EVEN IF HEARING TECHNOLOGIES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. HEARING TECHNOLOGIES LLC TOTAL LIABILITY UNDER ANY AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH PRODUCT OR SERVICE.
HEARING TECHNOLOGIES LLC reserves the right to modify any programs, policies, information, products and services offered by HEARING TECHNOLOGIES LLC or contained on WWW.ECOMSUPPLY.NET’s website at any time and without notice to Buyer. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the Commonwealth of Puerto Rico, without regard to provisions on the conflicts of laws. Buyer and HEARING TECHNOLOGIES LLC consent to the exclusive venue in, the state and federal courts of the Commonwealth of Puerto Rico. Buyer shall not assign (a) any order for products and/or services placed through WWW.ECOMSUPPLY.NET’s website or telephone ordering system, or (b) any interest in or any rights under such order, without the prior written consent of HEARING TECHNOLOGIES LLC. These Terms and any Agreement constitute the entire agreement between HEARING TECHNOLOGIES LLC D/B/A WWW.ECOMSUPPLY.NET and Buyer and supersede all previous communications, representations and agreements, whether oral or written, between Buyer and HEARING TECHNOLOGIES LLC with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and HEARING TECHNOLOGIES LLC. The failure by HEARING TECHNOLOGIES LLC to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions. If any provision of these Terms shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms.
Specific Provisions Regarding Use of HEARING TECHNOLOGIES LLC’s Website
ACCESS AND USE OF INFORMATION
Access to this site is limited to viewing the linked pages solely for legitimate business purposes to access the information provided by HEARING TECHNOLOGIES LLC at this site. Any access or attempt to access other areas of the HEARING TECHNOLOGIES LLC computer systems or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this site other than in connection with a legitimate business purpose.
ACCURACY OF INFORMATION
The information on HEARING TECHNOLOGIES LLC’s website is believed to be complete and reliable; however, the information may contain typographical errors, other inadvertent errors or inaccuracies. HEARING TECHNOLOGIES LLC reserves the right to make changes to any content or information without obligation to issue any notice of such changes.
HEARING TECHNOLOGIES LLC’s website may contain HEARING TECHNOLOGIES, LLC and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in HEARING TECHNOLOGIES LLC’s website including copyright, trademarks, trade secret and patent rights are reserved. Access to HEARING TECHNOLOGIES LLC’s website does not constitute a right to copy or use any of the third parties’ intellectual property of HEARING TECHNOLOGIES LLC or its suppliers. Statutory notice contained herein represents trademark status in the United States.
HEARING TECHNOLOGIES LLC does not authorizes you to make copies of the content herein. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.
All remarks, suggestions, ideas, graphics or other information communicated to HEARING TECHNOLOGIES LLC will forever be the property of HEARING TECHNOLOGIES LLC. Unless otherwise specified in writing, all material submitted to HEARING TECHNOLOGIES LLC will be presumed to be public and HEARING TECHNOLOGIES LLC will not be required to treat the information as confidential. HEARING TECHNOLOGIES LLC shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.
This arbitration agreement (“Agreement”) shall govern the manner by which any claims regarding the product(s) you purchased from us shall be resolved. This Agreement sets forth important legal rights. Please read this agreement carefully.
By ordering a product from us, you understand and agree that any dispute between us concerning such product shall be settled by binding individual arbitration in accordance with the terms of this agreement, and as such, you waive your right to a jury trial. You also waive your right to participate in or represent a class of consumers in such disputes. If you do not agree with these terms, you must not purchase from us any product.
QUESTIONS REGARDING TERMS AND CONDITIONS
Any questions regarding HEARING TECHNOLOGIES LLC‘s Terms and Conditions should be directed to HEARING TECHNOLOGIES LLC at email@example.com