Terms of Use

WEBSITE TERMS OF USE Last Modified: August 10, 2017

  1. Acceptance of the Terms of Use Thank you for visiting the website EarGearTechnology.com or TheHearingReport.com (“Site”). The various features, content, materials, products, and services offered or available in connection with the Site (“Services”) are provided by EarGear, LLC (“we,” “us,” and “our”) for visitors, customers, hearing professionals, vendors, merchants, advertisers, and other individuals accessing or interacting with the Site or Services (“you”). By accessing and using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by all of the Terms of Service. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS, PLEASE DO NOT USE THE SITE OR SERVICES. These terms of use are entered into by and between You and EarGear, LLC “Site”, “Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of (a) http://eargearllc.com (b) https://eargeartechnology.com, and/or (c) https://thehearingreport.com, including any content, functionality and services offered on or through such websites, whether as a guest or a registered user. As used herein, “Website” shall refer to each of the aforementioned websites, or any combination of them. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, our privacy policy provided at each site location and incorporated by reference. If you do not want to agree to or accept these Terms of Use, the Privacy Policy, or the Earnings Disclaimer, you must not access or use the Website.   The Website is only offered and available to users who are 18 or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you do not meet all of the foregoing requirements, you must not access or use any Website.
  2. Changes to the Terms of Use We may revise and update these Terms of Use from time to time in 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. We encourage and expect you to consult the Terms of Use each time you access a Website so you are aware of any changes, as they are binding on you.
  3. Accessing the Website and Account Security We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in 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 (a) making all arrangements necessary for you to have access to the Website and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. 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 of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
  4. 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. Violation of this Section is strictly prohibited without the express, written permission of Company. For information on requesting such permission, contact us at support@mikedillard.com. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store or transmit any of the material on our Website, with the following exceptions: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) 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; (4) 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; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features. You must not (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. 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.
  5. Trademarks The Company name, the terms “Self-Made”, “Self-Made Man” and “List-Grow,” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
  6. Prohibited Uses You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) to impersonate 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); or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability. Additionally, you agree not to (1) 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; (2) 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; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) 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; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website.
  7. User Contributions The Website may contain message boards, chat rooms, personal web pages or profiles, 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 Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our 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. Without limiting the foregoing, you agree and understand that other individual members of the membership program available on the Website may see the information that you post on any applicable Website membership area. For this reason, you agree that you shall not post any information on the Website that you do not want others to see. You agree that anything you post in the applicable membership area of the Website is at your own risk, and you further agree to hold Company harmless from any and all damage that could occur to you from any information that you post. For additional details, please see our Privacy Policy. You represent and warrant that (a) 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 licensees, successors and assigns; and (b) 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.
  8. Healthcare Disclaimer The Site and Services are provided for general information only and should not be relied on as the sole basis for making decisions. We do not provide medical advice, diagnosis, or treatment and we do not make medical referrals. By accessing the Site, you acknowledge that no representation made by us or any of our representatives is an examination, diagnosis, or prescription by a person licensed to practice medicine or audiology; and therefore, any such representation must not be regarded as medical opinion or advice. If you suspect a hearing problem and have not consulted with a physician, we strongly urge you to consult a physician prior to purchase. After purchase we urge you to follow your hearing professional’s instructions for proper use and care of hearing aids.
  9. Accuracy and Modification of Terms Although we strive to provide accurate information on the Site, certain Services offered or available through the Site (such as hearing professional participation in our network, pricing information, and product availability) are subject to change and may not be accurate, complete or current. We are not responsible if information on the Site or related to the Services is inaccurate, incomplete, or out-of-date. We reserve the right to change, modify or remove any of the terms and conditions contained in these Terms of Service at any time or for any reason at our sole discretion. However, we have no obligation to update the information on the Site. We also reserve our right to modify or discontinue all or part of the Services without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services. Any changes or modifications will be effective immediately upon posting the revised Terms of Service on the Site and you waive any right you may have to receive a specific notice of each such change or modification. Your continued use of the Site or Services after such posting means you accept and agree to be bound by the modified Terms of Service. You are encouraged to periodically review these Terms of Service to stay informed of updates.
  10. License to Use Site The Site and Services are intended for users who are at least 18 years old. Subject to full compliance with these Terms of Service, we grant you a limited, nonexclusive, nontransferable, nonassignable, revocable license to access and use the Site and Services for your general informational use only, provided that you agree NOT to:

  • Download any portion of the Site or Services, except as expressly permitted on the Site.
  • Republish, incorporate, or otherwise use the Site or reproduce, distribute, publicly perform, or publicly display any Services without our express written consent.
  • Use data mining, scraping, or other data gathering or extraction methods on the Site.
  • Modify or otherwise make any derivative use of the Site or Services.
  • Resell or use the Site for commercial use without our express written consent.
  • Use the Site or Services to gain advertising or subscription revenue.
  • Sell advertising on our Site or any other website that is targeted to any of our Services. · Use the Site or Services in any way that we find, in our sole discretion, competes with or displaces the market for the Site or Services.
  • Use the Site or Services in any way that violates any applicable federal, state, local or international law.
  • Use the Site to engage in any conduct that harasses, intimidates, bullies, or otherwise restricts or inhibits the use or enjoyment of the Site or Services by any other user, or which we find, in our sole discretion, harms us or users of the Site.
  • Introduce any virus, Trojan horse, worm, or other malicious technology to the Site, or launch any kind of denial-of-service attack on the Site, or otherwise attempt to interfere with the proper operation of the Site.
  • Misrepresent your identity or provide us with false information about yourself in any portion of the Site. Any use of the Site or Services other than as specifically authorized in these Terms of Service is strictly prohibited and will terminate the license granted in these Terms of Service. In addition, we reserve the right to refuse to grant access to or use of the Site or Services to any person for any reason at any time. 

11. Copyright Policy Unless otherwise indicated, the Site and Services are our proprietary property and are protected by United States and international copyright laws. All rights are reserved. Nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to remove any infringing material from the Site. If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with us by email to support@eargeartechnology.com or call us at 888-998-0021. Please see 17 U.S.C. 512(c)(3) for the requirements of a proper takedown notification. If you knowingly misrepresent in your notification that the material is infringing, you will be liable for any damages, including costs and attorney fees, incurred by us or the alleged infringer as the result of our reliance on such misrepresentation in removing or disabling access to the material claimed to be infringing.


12. Trademarks The Services include both registered and unregistered trademarks, service marks, logos, slogans, and designs that are our property and subject to and protected by the copyright, trademark, and intellectual property laws of the United States and may not be copied, imitated, or used by you. In addition, the look and feel of the Site is our service mark, trademark and/or trade dress and may not be copied, imitated or used by you. All other trademarks, service marks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. You may browse the Site, download and print content if you keep intact all copyright, proprietary statements and trademark notices. No reproduction of any part of the Site may be distributed for commercial gain nor shall it be sold, modified or incorporated in any other work, publication, or website.


13. Links You may not use our logo or any other proprietary graphic to link to the Site or Services; however, we permit text links to content on our Site, provided: (a) the purpose of the link is not to damage the reputation of the Site, its representatives, or users; (b) the appearance of the link does not imply an association with us or the Site that does not exist; and (c) when accessed, the link must open in full-screen, and not as a frame on the linked website. Third party websites are not under our control and we are not responsible for the quality, content, nature, or reliability of third-party websites accessible by link from the Site or websites linking to the Site. We may provide links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any website. By using the Site or Services, you expressly relieve us from any liability arising from your use of third-party websites. When you leave the Site, you should be aware that our terms and policies will no longer apply.


14. Submissions You acknowledge and agree that any feedback, comments, questions, suggestions, ideas, or other communication or materials (collectively, “Submissions”) regarding the Site or Services provided by you as a submission to us will become our sole property. We will own exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of all Submissions for any lawful purpose without acknowledgment to you or payment of any compensation. You hereby waive your moral rights to any Submissions and you hereby warrant that any Submission is original with you or that you have the legal right to make the Submission. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We are under no obligation to use any Submission.


15. User Content The Site may include Services in which you may create, post, share, or store content, messages, materials, data, text, and graphics within the Site (“User Content”). User Content you create, post, share, or store in interactive public areas of the Site will be viewable by other users of the Site and Services and through third party websites. You should only provide User Content in public forums that you are comfortable sharing with others under these Terms of Service. Your User Content belongs to you, subject to our rights as outlined below and you warrant your legal right to provide any User Content to the Site. You give us an irrevocable and non-exclusive license to use, reproduce, publish, distribute, modify, destroy, or otherwise use your User Content, including copies thereof, for the purposes of the Site. You agree to waive all moral rights in your User Content, and you warrant that you have not otherwise asserted moral rights to your User Content. You are solely responsible for your use of the Services, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive inflammatory, fraudulent, deceptive or misleading.
  • User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law. 
  • User Content that may infringe any patent, trademark trade secret, copyright or other intellectual or proprietary right of any party. · Unsolicited promotions, advertising, or solicitations.
  • Private information of any third party, including, but not limited to, medical record information, email addresses, Social Security numbers, credit cardholder data.
  • Viruses, corrupted data or other harmful, disruptive or destructive files.
  • User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas of the Site, or which may expose us or our users to any harm or liability of any type. We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter on the Site. Your use of the Site and Services is at your own risk. Enforcement of the User Content or conduct rules set forth in these Terms of Service is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by such rules. As a provider of Services, we are not liable for any statements, representations, or User Content provided by users in any public forum or interactive area of the Site. Although we have no obligation to do so, we reserve our right, at our absolute and sole discretion, to remove, screen, or edit any User Content posted or stored on the Site at any time and or any reason without notice. Any use of the Site or Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site and Services. We have no obligation to monitor User Content and we reserve the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or to edit, refuse to post, or remove any information or content in our sole discretion. Always use caution when disclosing any personally identifiable information about yourself in any User Content. We do not control or endorse the content, messages or information found in any User Content and the views and opinions expressed by users of the Site and Services do not necessarily state or reflect our views; therefore, we specifically disclaim any liability with regard to the User Content. We may maintain and store any of your User Content for as long as we operate the Site. If you want us to delete any of your User Content, please notify us by email

16. Electronic Communications Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. Your Warranties and Representations You warrant and represent that you have the right and legal capacity to agree to and comply with these Terms of Service. You affirm that you are 18 years of age or older and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and you agree to abide by and comply with these Terms of Service. Further, you warrant and represent that you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise. If you are using the Site on behalf of a third party, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to these Terms of Service. You warrant and represent that you will provide the most current, accurate, and complete information about yourself when interacting with us, the Site, or the Services. You are responsible for your use of the Site. We will not be responsible or liable for inaccurate, outdated, false, or misleading information created by you or any other user of the Site or Services. You are cautioned to independently confirm and verify the data presented by other users of the Site and Services. To the maximum extent permitted by law, you expressly waive all claims against us, our employees, and agents that may arise from your use or access to the Site.


17. Disclaimer THE SITE AND SERVICES ARE NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR AN OUTSIDE PROFESSIONAL HEARING SPECIALIST. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES OFFERED OR AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE AND NON-INFRINGEMENT. AS TO THE ACCURACY OR RELIABILITY OF THE SERVICES ACCESSED THROUGH THE SITE, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE OR ERROR-FREE. WE EXPRESSLY DISCLAIM LIABILITY FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, TECHNICAL FAILURES, INCOMPLETE, SCRAMBLED OR DELAYED TRANSMISSIONS OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY OF SERVICES AND OTHER CONTENT ON THE SITE OR ACCESSIBLE THEREFROM IS SUBJECT TO CHANGE WITHOUT NOTICE. USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. 


18. Advertisers We may accept advertisers and sponsors to display their advertisements and other information in certain areas of the Site such as, but not limited to, sidebar advertisements or banner advertisements. If you are an advertiser, you take full responsibility for any advertisements you place, and any services you provide or products you sell though those advertisements. We simply provide the space to place such advertisement and we have no other relationship with advertisers or sponsors. Advertisers represent and warrant that they possess all rights and authority to place advertisements on the Site including, but not limited to, intellectual property rights, publicity rights and contractual rights. Advertisers agree that such advertisements are subject to our DMCA Copyright Policy and take-down provisions found therein. Advertisers agree that there shall be no refund or other compensation for DMCA takedown related issues.


19. Changes, Interruptions and Termination We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Services any time and for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or Services. We may block, deny, terminate, suspend, or limit your access to or use of the Site or Services in our sole discretion, at any time or for any reason and without notice or liability. We have no responsibility or obligation to maintain the Services on the Site or to supply any corrections, updates, or releases in connection therewith.


20. Limitation of Liability IN NO EVENT WILL WE OR OUR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO US THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


21. Indemnification You agree to defend, indemnify, and hold Company, Site and Owners of said harmless, including our employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees), which arise from: (a) Your use of and access to the Site or Services; (b) your violation of these Terms of Service; (c) your violation of the rights of a third party, including by not limited to intellectual property rights; or (d) any act or omission by you related to the Site or Services.


22. Privacy Protecting privacy of information is an important priority for us. Refer to our Privacy Policy to learn how we use, and disclose information collected on the Site. Please be advised the Site and Services are hosted in the United States. We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us, we will delete that information as quickly as is reasonably practical.   Governing Law and Dispute Resolution These Terms of Service and your use of the Site and Services are governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and to be entirely performed within the State of Utah, without resort to its conflict of law principles. Except for a misuse or infringement of our intellectual property, any and all disputes, controversies and claims arising out of or relating to these Terms of Service or the Services shall be settled and determined by confidential binding arbitration to be conducted in Prove, Utah before a panel of one (1) arbitrator pursuant to the applicable commercial arbitration rules of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The arbitrator shall have the power to award damages, injunctive relief, and reasonable attorney’s fees and expenses to any party in such arbitration. YOU AGREE THAT BINDING ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR CORRELATING TO THESE TERMS OF SERVICE. THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF UTAH IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THESE TERMS OF SERVICE. YOU SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.


23. Severability If any provision of these Terms of Service is deemed unlawful, invalid, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Service and will not affect the legality, validity, and enforceability of any remaining provisions of these Terms of Service. Our failure to enforce any particular term will not be construed as a waiver of any of our rights under these Terms of Service.


24. Questions and Comments If you have any questions, comments, or want to report a violation regarding these Terms of Service, please call us at 888-998-0021 or send us an email to: support@eargeartechnology.com. We will try to address all issues to the best of our abilities.