Last updated: February 24, 2023
Introduction
Welcome to Earrck® Flashlight, Hearing Aids, Strong Flashlight (“Earrck“, “we“, “us“, or “our“). These Terms and Conditions (“Terms“, “Terms and Conditions“) govern your use of our website located at earrck.shop (together or individually “Service“) operated by Earrck.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read these Terms and Conditions and our Privacy Policy carefully before accessing or using our Service.
Acceptance of Terms
By accessing this Service, you agree to be bound by these Terms and Conditions and our Privacy Policy and any additional terms and conditions that may apply when you use affiliate or third-party services or third-party content. If you do not agree to be bound by the Terms and Conditions and our Privacy Policy please do not use the Service.
We may, at any time and at our sole discretion, update or revise these Terms and Conditions and our Privacy Policy. Your continued use of this Service signifies your acceptance of such updates or revisions. You may not assign or transfer these Terms and Conditions, by operation of law or otherwise. We may assign or transfer these Terms and Conditions without restriction.
If you have any questions regarding our Terms and Conditions, please contact us at:
Earrck
123 Main St.
Nashville, TN 37217
Email: [email protected]
Eligibility
The Service is intended solely for persons who are 18 or older. Any access to or use of the Service by anyone under 18 is prohibited. By accessing or using the Service you represent and warrant that you are 18 or older.
User Content
We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service, initiation of support requests, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by you remains your property.
However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
- You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above.
- Neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.
- You are not listed on any U.S. Government list of prohibited or restricted parties.
Acceptable Use
You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to:
- Upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- Send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- Use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- Interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means;
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users;
- Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
- Create a false identity for the purpose of misleading others;
- Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties;
- Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms and Conditions;
- Engage in or assist any unauthorized probing, scanning or security vulnerability testing of the Service;
- Screen scrape, crawl, or copy any part of the Service;
- Access any part of the Service by any means other than through the interface that we provided, unless you have been specifically allowed to do so in a separate agreement with us;
- Modify the Service in any manner or form or use modified versions of the Service, including but not limited to for the purpose of obtaining unauthorized access to the Service; or
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use the Service, or access to the Service without our express written permission.
User Suggestions
You agree that any ideas, suggestions, proposals, plans, concepts or techniques that you submit via the Service are voluntarily submitted to us on a non-confidential basis. You grant us a non-exclusive, world-wide, royalty free license to use, copy, transmit and display any communication or content you send to the Service or to us. We shall be entitled to use any communication or content you send to the Service or to us for any purpose including but not limited to developing, creating, manufacturing and marketing products and services.
Privacy
Our Privacy Policy, located at earrck.shop/privacy-policy, discloses the ways we collect and use your information. You agree that we may use your personal information in accordance with our Privacy Policy.
Fees
We reserve the right to charge fees for access to the Service or to any features or functionality of the Service. However, currently there are no fees for the use of the Service. We reserve the right to change our fee policy at any time in our sole discretion.
Indemnification
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Service with whom you connected via the Service.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Modifications
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review our Terms and Conditions periodically for changes. If you do not agree to any change in these Terms and Conditions, you must immediately stop using the Service. These Terms and Conditions were last updated on the date set forth above.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Earrck
123 Main St.
Nashville, TN 37217
Email: [email protected]
Governing Law
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Tennessee.
You irrevocably agree that the courts of Tennessee shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
The Terms and Conditions constitute the entire agreement between you and Earrck and govern your use of the Service, superseding any prior agreements between you and Earrck (including, but not limited to, any prior versions of the Terms and Conditions).
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Earrck relating to your use of the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Earrck.
Changes to Terms
We reserve the right, at our sole discretion, to change these Terms and Conditions (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and Conditions and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms and Conditions will govern any disputes arising before the effective date of the Updated Terms.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Earrck, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Earrck HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO Earrck FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Termination
We may terminate your access and use of the Service, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending an email to us at [email protected]. Upon any termination, discontinuation or cancellation of Services, all provisions of these Terms and Conditions which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Your access to and use of the Service may be terminated by you or by Earrck at any time and for any reason. If we terminate your access for any reason, we will provide you with notice of our decision and the reason for the termination.
The following sections will survive any termination:
- Any obligation you have to pay us or indemnify us
- Any limitations on our liability
- Any terms regarding ownership or intellectual property rights
- These Terms and Conditions
Questions
If you have any questions regarding our Terms and Conditions, please contact us at:
Earrck
123 Main St.
Nashville, TN 37217
Email: [email protected]