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.

ORDERS

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.

SHIPPING

Buyer agrees to shipping terms defined on then-existing shipping policy which can be found by clicking here.

SECURITY INTEREST

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.

INDEMNITY

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.

GENERAL

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.

TRADEMARKS

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.

COPYRIGHT

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.

SUBMISSIONS

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.

ARBITRATION AGREEMENT

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.

  1. RESOLUTION BY BINDING ARBITRATION. Any claim or dispute between you and us, or any of our subsidiaries or affiliates, arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability negligence, violation of statute, or any legal theory. You specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.
  2. WAIVER OF CLASS PARTICIPATION. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. You also acknowledge and agree that you are giving up your right to serve as a representative, as a private attorney general, or in any representative capacity, and/or to participate as a member of a class of claimants in any lawsuit filed against us and/or related third parties.
  3. ARBITRATION PROCEDURES.
    1. Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to us by calling our Representative toll free at 1-800-423-4248 and providing all requested information. You may be required to provide us with a written statement setting forth the nature of your claim or dispute. We shall have forty-five (45) days from the receipt of such call (or written statement) to resolve such claim or dispute (“Resolving Period”). If your claim or dispute is not resolved within the Resolution Period, you may commence arbitration proceedings in accordance with the terms of this Agreement.
    2. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at adr.org.
    3. The arbitrator shall not conduct class arbitration; that is, the arbitrator shall not allow you to serve as a representative, as a private attorney general, or in any representative capacity for others in the arbitration.
    4. The arbitration of any claim or dispute under this Agreement shall be conducted in the Yauco City, Commonwealth of Puerto Rico.
  4. COSTS. All administrative expenses of the arbitration proceedings commenced under this Agreement shall be as follows:
    1. If the claim or dispute that is the subject of the arbitration proceedings is less than five thousand dollars (US $5,000), your financial responsibility for the administrative costs shall not exceed one hundred dollars (US $100);
    2. If the claim or dispute that is the subject of the arbitration proceedings is between five thousand dollars (US $5,000) and fifty thousand dollars (US $50,000), your financial responsibility for administrative costs shall not exceed three hundred dollars (US $300); and
    3. If the claim or dispute that is the subject of the arbitration proceedings exceeds US $50,000, your financial responsibility for administrative costs shall be in accordance with the Commercial Fee Schedule provided by the AAA.
    4. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
  5. SMALL CLAIMS. If a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration as described in and in accordance with, the terms of this Agreement. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration under the terms of this Agreement.
  6. If any provisions of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.

QUESTIONS REGARDING TERMS AND CONDITIONS

Any questions regarding HEARING TECHNOLOGIES LLC‘s Terms and Conditions should be directed to HEARING TECHNOLOGIES LLC at support@ecomsupply.net