Terms of Use

Effective Date: April 12, 2013

Your access to and use of this Etymotic Research, Inc. ("Etymotic") website is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities. By accessing or using this website, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access or use this website. Instead, you may contact Etymotic in writing or via telephone as set forth below.

Amendments

We may modify or amend these Terms of Use at any time, which changes will be effective immediately upon their posting on this website. Material changes will be posted conspicuously on this website.

Privacy Policy

You understand that use and access of the website is also subject to the Etymotic Privacy Policy, which is incorporated into these Terms of Use by this reference.

Site Information

Etymotic uses commercially reasonable efforts to ensure that material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed. We may modify product or other information available on the website without notice. Some services may not be available in certain areas and some materials and products may not be appropriate or available for use outside the United States.

All offers on this website are void where prohibited and are subject to any additional terms pertaining to such offers.

Awareness!® for Etymotic

You may register your Awareness! ® for Etymotic app via this website. For additional information relating to the app and registration, please visit our Awareness!® for Etymotic page.

Adopt-A-Band

Etymotic is affiliated with the Adopt-A-Band program. For additional information relating to the Adopt-A-Band program, or to make a donation, please visit our Adopt-A-Band page.

CUSTOM-FIT Registration

When you register for a CUSTOM-FIT product, we obtain your information and provide you with an electronic voucher that you can print and take to your network provider. Etymotic does not recommend or endorse any service provider. Any such service provider is a separate third party and as a result, Etymotic has no responsibility or liability for such third party. Visit our CUSTOM-FIT Registration page for further information.

Product Purchases, Distributors and Limited Warranties

If you choose to purchase products from Etymotic, those purchases are subject to our Terms of Purchase.
Etymotic Research, Inc. holds ISO 9001:2008 and ISO 13485:2003 certification. In addition, certain of our products may be available through third party distributors. Etymotic is not responsible or liable for the acts or omissions of such third parties.

Certain of our products may have limited warranties. Additional information on our product limited warranties is available on our Customer Support page.

Third Party Research and White Papers

Etymotic may make available research and white papers authored or contributed by third parties. The views and opinions expressed in such materials posted on this website are solely the views of the authors of such materials and Etymotic has not verified the accuracy of such materials or the methodology of any research. As a result, Etymotic has no liability for any research, information, data, views or opinions contained in such materials.

Use of this Site

You may download and/or print one (1) copy of this website's content solely for your personal and internal use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Etymotic.

Intellectual Property Rights

Copyright 2013. All rights reserved.

All copyrightable text, audio, video, recordings, graphics, charts, photographs, icons, and the design, selection, and arrangement of content on this website are the proprietary materials of Etymotic or its third party licensors or suppliers, unless otherwise noted. The distinctive and original layout and presentation of this website constitutes protectable trade dress under applicable federal law. In addition, many proprietary trademarks belonging to Etymotic or third parties appear throughout this website.

Any unauthorized use, reproduction or distribution of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to Etymotic or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

No Liability

In no event shall Etymotic or any of its officers, representatives, directors, employees, consultants or agents be liable for any damages for loss of use, loss of data, loss of profits, or business interruption or any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever arising out of or in any way related to the use or performance of this website or any material, information, data, or services obtained through this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Etymotic has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the website even if such remedy should fail of its essential purpose.

You are responsible for any decision made or action taken by you in reliance of any information, advice or materials provided on this website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

No Warranty

This website is provided by Etymotic on an "AS IS" basis. Etymotic disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and any warranties arising from a course of dealing or usage in trade.

Etymotic makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website. Your use of information downloaded or otherwise obtained through the use of this website is at your own discretion and risk.

Although Etymotic uses industry standard virus detection software, Etymotic does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other malicious code that could be harmful to your computer system. You are solely responsible for any damage to your computer system and loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

No advice or information, whether oral or written, obtained by you from Etymotic or in any manner from this website shall create any warranty.

Third-Party Websites

This website may link to, or be linked to, other websites not maintained by or related to Etymotic. Such links are provided only as a convenience to our visitors. Etymotic has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Etymotic is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.

Indemnification

You agree to indemnify, defend and hold harmless Etymotic, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys' fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use.

Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and the State of Illinois, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Cook County, Illinois with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by Etymotic in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

Entire Agreement

These Terms of Use, together with the Etymotic Privacy Policy constitute the entire agreement between you and Etymotic with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If you choose to make a purchase from Etymotic, that purchase is also governed by the Terms of Purchase.

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Etymotic. These Terms of Use will inure to the benefit of Etymotic's successors and assigns.

Contact Us

If you have any other questions or concerns regarding these Terms of Use, please contact us at: customer-service@etymotic.com or 61 Martin Lane, Elk Grove Village, IL 60007 USA; (847) 228-0006, or toll free at 1-888-389-6684.