Terms of Service

Terms of Use

Effective Date:  May 31, 2018

Welcome to Tinnitus, a unique service which allows you to purchase various firearm accessories  and obtain a wide range of firearm information. This website, and the services provided herein ( collectively the “Service”) are provided by Tinnitus Designs, LLC, a Georgia Limited Liability Company.

These Terms of Use are a legally binding agreement made between you (“you,” “your,” or “yourself”) and Tinnitus Designs, LLC (“Tinnitus”, “we,” “us” or “our”), and set forth the applicable terms and conditions governing the use of our Service, so please review them carefully. By creating a Service account with us, you also accept and agree to be subject to and abide by our Privacy Policy, which is incorporated herein by reference.

We may choose to update these Terms of Use at any time by posting an update to this site. We encourage you to review these Terms of Use periodically, as your continued use of the Service will mean you accept those changes, whether you have read them or not. In addition, we shall both be subject to any posted guidelines or rules applicable to the Service, which may be posted from time to time.

All contact with us should be made via email to mark@tinnitusdesigns.com in reference to any questions or comments concerning these Terms of Use or Privacy Policy.

  1. Description of Service

Our Service allows  you to purchase, at the best prices, the unique firearm accessories described in detail in our website.  Our Service also features (a) a wide range of videos, covering a variety of topics, including, but not limited to firearm instruction, product reviews, competition footage, and interviews with other companies/individuals; (b) downloadable plans and data for firearm components and accessories, and reloading data, and (c) blog posts with pictures spanning a wide range of different subjects, from a variety of authors.

  1. Registration

You may browse our website and view our content without registering, but as a condition to purchasing products or using other services, you are required to create an account by registering with us directly. In that registration process, we require that you provide certain information, such as your full name and email address, date of birth, gender(optional), shipping address, payment card information, telephone number, and that you create a unique password. To sign up for an account, you must be at least 21 years of age.

The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your account.

You may not use the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, or obscene.

  1. Acknowledgements

Tinnitus does not sell products to persons under the age of 21. By using our Service, you swear and affirm that you are over the age of 21, and acknowledge that the person receiving a shipment of our products is over the age of 21. We make every effort to ensure that our products are not delivered to anyone who is under the age of 21.

By using our Service, you also agree that any products purchased from us are intended only for personal consumption and not for resale. If you do not agree with these conditions, please do not use this Service. If you intentionally or unintentionally misrepresent your age, or provide products to a person under the age of 21 we will prosecute you to the fullest extent allowable by law.

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering Services) are commercially available that may assist you in limiting access to content that may be harmful to minors.

  1. License Rights

We grant to you a limited, non-exclusive, non-transferable license to use the Service solely for your own personal use and not for resale, further distribution, or to render any commercial services. You are not allowed to transfer, assign, sub-license, sell, lease, rent or otherwise distribute the Service or any part of it. In no event shall your use include any attempts to copy, reproduce, change, reverse-engineer, de-compile, disassemble, translate, make derivative works, enhancements, extensions or add-ons, modify, adapt or otherwise alter any portion of the Service. Any attempt to do so is a violation of the rights of Tinnitus and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

Your license does not grant you any ownership interest in the Service or any exclusive rights to its use, and these Terms of Use do not grant you any claims to patents, trade secrets, trademarks or other rights pertaining to the Service. You agree and acknowledge that the Service represents the proprietary, confidential, and trade secrets of Tinnitus and that you will undertake all necessary steps and efforts to prevent unlawful or illegal distribution of such proprietary, confidential and trade secret information.

  1. Product Terms of Sale

By opening an account with us, you can purchase various firearm accessories and other products from us. Products and pricing are described in detail in our website.

Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.

If we are unable to process your transaction using the payment information provided, we reserve the right to suspend or revoke access to your account. We may add new fees and charges from time to time. If you want to use a different payment card or if there is a change in payment card validity or expiration date, you may edit your information by accessing your account page. It is your responsibility to keep your contact information and payment information current and updated.

Charges are processed immediately during checkout in accordance with the details displayed to you during the checkout process.

We utilize a designated third-party payment platform to process payment card transactions for your subscriptions and purchase. We are not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.

You acknowledge that the amount billed may vary due to promotional offers, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

We reserve the right to refuse or cancel any Orders placed for products listed at an incorrect price, or containing any other incorrect information or typographical errors, whether or not the Order has been confirmed and whether or not your credit card has been charged. If your credit card has already been charged for the purchase and your Order is canceled, we will promptly issue a credit to your credit card account in the amount of the charge.

Cancellation Policy

You may cancel an Order placed for products by logging into your account or emailing us at  mark@tinnitusdesigns.com and following instructions we provide you in response to your cancellation request.  The cancellation of a product shipment must be made at least 3 business days prior to shipping of your product.

Pricing and Availability

All prices are shown in our website are in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices or add fees as we may determine in our sole discretion, at any time and without notice.

All of our products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain products without prior notice.

Taxes

We will collect applicable sales tax on products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party carrier. When you purchase a product from Tinnitus, any shipping times shown on the website are estimates only. Actual delivery dates may vary.

You agree that you will not obtain a product for export. All products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such products passes to you upon our delivery of the product to the third-party carrier.

Deliveries

You are responsible for having an adult available to accept the shipment of your Order. All common carriers (FedEx and UPS) require an adult signature to accept the products – no exceptions. Each carrier will make three attempts to deliver the products and it is your responsibility to make alternate arrangements if necessary.

All products returned to us because of non-deliverable issues will be credited back to you minus the actual cost of shipping and, in certain cases,  a handling fee. We strongly recommend you send your products to a business address where an adult will be available to sign during business hours. We are sorry we cannot make exceptions to this policy. You can always place your Order on hold with us for an unlimited amount of, time free of charge. We will be happy to ship your products for you when convenient.

You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. In the unlikely event that you have any reason to believe that a product in your delivery is damaged or defective, contact us at mark@tinnitusdesigns.com .

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. All products returned to us because of non-deliverable issues will be credited back to you minus the actual cost of shipping and, in certain cases, a handling fee.

No Resale

You are not permitted to resell or otherwise use the products for commercial purposes.

Returns and Refunds

Tinnitus Designs offers a Limited Warranty to the original purchaser up to a YEAR, from the date of purchase.

If you receive damaged or defective products, please contact us at  info@tinnitusdesigns.com within five (5) days of the date you received the products and we will either replace the product at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that product. We require the return of the product in its original packaging before we provide you a replacement, credit or refund. After we receive your returned product, we will issue you a refund for the price you paid for the product (less any applicable shipping and handling charges). If you do not comply with the terms of this section, you will be ineligible to receive a refund.

Tinnitus Designs will not be responsible for:

  • Use of defective or improper ammunition, corrosion, neglect, abuse, ordinary wear and tear, or unreasonable use.
  • Defects or malfunctions resulting from careless handling, unauthorized adjustments or modifications made or attempted.
  • Criminal Misuse or Negligence.
  1. Your Acknowledgements; Disclaimers

By using the Service, you acknowledge and agree to the statements in this Section 6. All material and information presented by us is intended to be used for personal purposes only; you may not sell or resell any products you purchase or otherwise receive from us. All products must be used strictly in accordance with their instructions, precautions and guidelines. Failure to follow safe practices may result in severe personal injury (including death) or gun damage to the user or bystanders. Installation of products must always be carried out by qualified professionals.

Advice, graphics, images, videos, and information contained on Tinnitus website are presented for general educational and entertainment purposes only.  They are not intended to be legal or other expert advice and should not be used in place of consultation with appropriate professionals such as gunsmiths or lawyers.  The information contained in in our Service is to be used at your own risk based on your own judgement.  You assume full responsibility and liability for your own actions.

The author(s) of any blogs or other materials on our website have not independently verified the accuracy of the data contained on our Service.  Technical data and information provided are intended to provide information based upon the limited experience of individuals under specific conditions and circumstances.  They do not detail the comprehensive training, procedures, techniques and safety precautions that are necessary to properly carry on similar activity.  Always consult comprehensive reference manuals and bulletins for details of proper training requirements, procedures, techniques and safety precautions before attempting any similar activity.

You assume all responsibility and risk with respect to your use of the Service and our Products. THE SERVICES, AND ALL CONTENT, MERCHANDISE, PRODUCTS AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, TINNITUS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE STORAGE, USE AND MAINTENACNE  OF THE PRODUCTS YOU RECEIVE FROM US. ALL PRODUCTS SHOULD BE USED STRICTLY IN ACCORDANCE WITH THEIR INSTRUCTIONS, PRECAUTIONS AND GUIDELINES.

  1. Fraud Protection Program

As part of our Order processing procedures, we screen all received orders for fraud, misrepresentation or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such activity is suspected, we may reject your order or we may call you at the phone number you provided (or use your email address) to confirm your Order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.

  1. Responsibility for Content

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We also do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

  1. Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to our business, operations and properties (“Confidential Information”) disclosed to you for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of our company in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to us with regard to any disclosure of Confidential Information which you can prove: (a) was in the public domain at the time it was disclosed by us or has entered the public domain through no fault of yours; (b) was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (c) is disclosed with our prior written approval; (d) becomes known to you, without restriction, from a source other than us without breach of these Terms of Use by you and otherwise not in violation of our rights; or (e) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to us to enable us to seek a protective order or otherwise prevent or restrict such disclosure.

  1. Links to Other Sites

Links to third party websites are not endorsements or referrals of any products, services or information contained in such websites.  Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions.  Some products, manufacturers and service providers may be mentioned in or on the Service.  Mention of these products, manufacturers or Service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by users as offensive.

  1. Use Restrictions

You represent and warrant that you will not use the Service to:

  • Upload, post, email, transmit or otherwise make available any content or comments that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
  • Express or imply that any statements you make are endorsed by us, without our specific prior written consent.
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the presentation of the Service.
  • Interfere with or disrupt the Service, or the servers or networks connected to the Service.
  • Forge headers or otherwise manipulate identifiers to disguise the origin of any order transmitted through the Service, or attempt to impersonate another user, person or entity.
  • Download lists of other users of the Service and use their information for your own business reasons.
  • “Frame” or “mirror” any part of the Service, or use meta tags or code or other devices containing any reference to us or the Service in order to direct any person to any other website for any purpose.
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
  • Provide false, inaccurate or misleading information on the Service (directly or by omission or failure to update information).
  • Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user.
  • Create or send unsolicited messages or other electronic communications.
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer code, files or programs designed to interrupt, destroy detrimentally interfere with or limit the functionality of any computer software or hardware or telecommunications equipment or intercept or expropriate any system, data or personal information.
  • Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or websites/blogs repurposing existing stories (source hops).
  • Advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Service to contact, advertise to, solicit, or sell to any user without the user’s prior explicit consent.
  • Intentionally or unintentionally violate any applicable local, state, national or international law.

We reserve the right, but are not obligated to, investigate and terminate your participation in the Service if you have misused the Service, or violated any of the restrictions above.

We reserve the right to change any and all content and to modify, suspend or stop providing access to the Service (or any features or functionality of the Services) and the products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

  1. Warranties

We do not warrant that your use of the Service will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Service will be corrected, or that the Service is free of viruses or other harmful components.

We warrant that the product will be free from manufacturing defects upon product delivery. Defective products may be returned for refund as set forth in Section 5 of this Agreement “Returns and Refunds”.

EXCEPT AS SET FORTH ABOVE, WE MAKE NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCT OR ANY DOCUMENTATION RELATED THERETO, AND SUCH WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

In no event will We be responsible or liable for any damages arising from your instillation or use of the product.

It is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Service.

The Service may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunction or other problems of any telephone network or Service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of text messaging on account of technical problems or traffic congestion on the Internet, on the Service, on any website or any combination thereof, including injury or damage to your computer, mobile device or other hardware or software, related to or resulting from using or downloading materials in connection with the Service.

No oral or written information or advice provided by us, our resellers, agents or employees shall create a warranty or in any way.

  1. Indemnity

You agree to fully exonerate, indemnify, defend and save harmless Tinnitus, its directors, officers, employees or agents, from and against any and all suits, actions, claims, demands, liens, losses, damages, fines, judgments or decrees, and any expenses in connection with such, including, without limitation, reasonable attorneys’ fees, based upon or arising out of loss, damage or injury (including death) arising  from: (i) the violation of any statute, ordinance or regulation by you or any of your employees, agents, contractors or subcontractors;  and (ii) the violation of any of your obligations under these Terms of Use, including but not limited to the failure to procure necessary licensing rights and/or pay applicable royalties for such rights.

You will be solely responsible for any damage that results from your use of the Services and purchase of products. We will have no responsibility or liability to you for third party products made available through our Service and any claims or disputes by you regarding these products must be brought directly to and shall be the responsibility of, that third party vendor.

  1. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO you, OR ANY THIRD PARTY, FOR ANY DAMAGES ARISING FROM your use of, OR ANY THIRD PARTY’S USE OF, OR INABILITY TO USE, THE Service, SERVICE, APPlication or any products related thereto (WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND ARISING FROM ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT OR TORT, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE FOR LOSS OF your DATA, INFORMATION, CONTENT OR OTHER INFORMATION IN CONNECTION WITH THE USE OF Service.

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

  1. Term and Termination

These Terms of Use are effective until terminated. We may terminate your account immediately for convenience, or if you breach any provision of these Terms of Use.

  1. Audit Rights

You agree that we may audit your use of the Service for compliance with these Terms of Use at any time. In the event that such audit reveals any use of the Service by you other than in full compliance with these Terms of Use, we shall have the right to immediately cancel your account, and you shall reimburse us for all reasonable expenses related to such audit in addition to any other liabilities to which you may be subject as a result of such non-compliance.  You acknowledge that we shall have the right to enforce the provisions of these Terms of Use directly against you and our remedies for any breaches may include, without limitation, damages or injunctive or other equitable remedies.

  1. Intellectual Property Rights

All Intellectual Property Rights in and to the Service shall be owned by us absolutely and in their entirety. These rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners. You may not remove or alter any trademark, trade names, Service mark, product names, logo, copyright or other proprietary notices, legends, symbols or labels featured on the Service.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to us are non-confidential and shall become the sole property of us. We shall own exclusive rights, including all Intellectual Property Rights, in these Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on our Service are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Tinnitus.

  1. E-mail and Text Communications

E-mail communications and text messages sent from us to you are designed to make your experience more efficient and enjoyable. You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available sales and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your mobile device carrier will apply to text messages we send. If you change your mobile phone Service provider, the notification Service may be deactivated for your phone number and you may need to re-enroll in the notification Service. We reserve the right to cancel the notification Service at any time. If you do not wish to receive any of our e-mail communications or text messages, you shall have the opportunity to opt out of receiving communications from us (excluding messages targeted directly at you about matters regarding the state of your account, billing, or your continued use of the Service).

  1. Surveys and Feedback

We may periodically present you with surveys or solicit your opinion about the Service. You acknowledge that your participation in these types of programs is completely voluntary.  By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these surveys, any suggestion or feedback webpages, or through any other communication with you, you acknowledge and agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (e) the suggestions and feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

  1. Promotions

We may periodically feature promotions (“Promotions”) on our Service and you will have the opportunity to participate in such Promotions. By participating, you acknowledge that third parties are responsible for such Promotions and for ensuring that such Promotions comply with all applicable laws, rules, and regulations. We recommend that you carefully review the Official Rules, including any applicable privacy policy, these Terms, and any additional information or links provided in the Official Rules regarding such Promotions. You acknowledge and agree that we are not responsible or liable for the failure of any third party to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any Promotion.

WE DO NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SERVICE UNLESS OTHERWISE STATED AND ARE THEREFORE NOT LIABLE OR RESPONSIBLE FOR SUCH PROMOTIONS.

Promotions may require you to provide personal information in order to participate. In the event that you choose to provide personal information, you acknowledge and agree that we may use any such information you provide consistent with these Terms of Use and our Privacy Policy.

You acknowledge and agree that we are not responsible or liable for use or distribution of information you provide in a Promotion. Please see the rules and privacy policy for each Promotion on how it will use your personal information.

  1. Independent Contractors

No agency, partnership, joint venture, or employment relationship is created between us as a result of these Terms of Use and you do not have any authority of any kind to bind us in any respect whatsoever.

  1. Non-Waiver  

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  1. Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

  1. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.

  1. Assignment

These Terms of Use are not assignable, transferable or sub-licensable by you except with our prior written consent.  We may transfer, assign or delegate these Terms of Use and their rights and obligations without consent.

  1. Compliance with Law

By using our Service, you are representing and warranting to us that (a) you are compliant with all applicable laws and regulations, and (b) you are legally authorized to take possession of the products you ordered, in the quantities you ordered. You agree to indemnify and hold harmless Tinnitus for any fines, costs, liability, or expenses (including attorney’s fees) arising out of your breach of the foregoing obligations.

  1. Governing Law

By using the Service, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law rules, and all applicable federal laws and regulations. Each of the parties irrevocably submits to the exclusive jurisdiction of the state and federal courts located in  Los Angeles County, California   for the purpose of any suit, action, proceeding or judgment relating to or arising out of this Agreement and the transactions contemplated hereby.  Each of the parties waives all defenses of lack of personal jurisdiction and forum non conveniens.  In any action or suit to enforce any right or remedy under this Agreement, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees. You further agree that you may only bring claims in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

  1. Entire Agreement.

These Terms of Use supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Service, and any Content.  We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. Using the Service following a change to these Terms of Use shall constitute your acceptance of the Terms of Use as modified.