Terms

Welcome to eartune.com ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement").

General
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights and international treaty provisions owned, controlled or licensed by ADVSOUND, Inc. or its affiliates (“ADV.”). The Site as a whole is protected by copyrights and constitutes trade dress and all worldwide rights, titles and interests in and to which are owned by ADV. ADV. trademarks appearing at this Site are trademarks of ADV.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site.

ADV.'s Communications to You
You agree that ADV. may post notices on this Site or may, unless your profile settings specify otherwise, send electronic mail to you, and that such communications satisfy any legal requirement that communications be in writing.

Product Information
Most ADV. products displayed at the Site are available from select retailers in the United States and in select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available through other retailers' stores. The prices displayed at the Site are quoted in U.S. Dollars.

Colors
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Comments and Reviews
All comments and reviews will be screened prior to posting so please avoid including any personal information or inappropriate language.

Compliance with the Law and Resale Sales
You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the products on our Site or this Agreement. You agree and represent that you are buying for your own personal use only, and not for resale.

Links to Other Web Sites and Services
To the extent that this Site contains links to outside websites, services and resources, the availability and content of which ADV. does not control. Any concerns regarding any such website, service or resource, or any link thereto, should be directed to the particular outside website, service or resource. We encourage you to read the Privacy Policy and all other legal notices displayed on those websites, services and resources.

Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT ADV. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Inaccuracy Disclaimer
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your eartune.com purchase, please see our return policy.

Indemnification
You agree to defend, indemnify and hold ADV. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Privacy Policy
We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users ("Privacy Policy"). Our current Privacy Policy is incorporated herein by reference and made part of this Agreement.

Miscellaneous
Unless otherwise specified and except to the extent ADV. products are offered for sale in the United States through this Site, this Site and the Contents hereof are displayed solely for the purpose of promoting ADV.'s products and services available in the United States and select foreign markets. This Site is controlled and operated by ADV. from its offices in Fresh Meadows, New York.

This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of New York.