Terms and Conditions

Legal Notice
All notices from Eargasmic Rec to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Eargasmic Rec shall be made by e-mail. Delivery shall be deemed to have been made by You to Eargasmic Rec five (5) days after the date sent.

Copyright
All content appearing on this Web site is the property of Eargasmic Rec
Copyright © 2016 Eargasmic Rec. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2016 Eargasmic Rec. All rights reserved.

Trademarks
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Eargasmic Rec. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Eargasmic Rec or any third party, except as expressly granted herein.

Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Eargasmic Rec and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Eargasmic Rec believes that customer conduct violates applicable law or is harmful to the interests of Eargasmic Rec and its subsidiaries.

Privacy Policy
Eargasmic Rec use of personal information that you may submit to Eargasmic Rec through this Web site is governed by the Eargasmic Rec Privacy Policy.

Consumer Agreement
Upon entry of this website as well as upon purchase and use of "Eargasmic Rec" products and services you hereby accept as well as fully agree to all of the policies, terms, and conditions listed herein or anywhere else on this website (www.eargasmicrec.com.) You furthermore waiver your right to any trial by court – regardless of other statements within our terms of service,- and agree that any disagreement, discrepancy, or lawsuits will be forfeit by you, and negotiations (if any) will be settled by arbitration at the full option or discretion of "Eargasmic Rec". "Eargasmic Rec" reserves the right to take legal action or recourse on you the consumer for any misuse or unlawful activities in regards to your relationship with "Eargasmic Rec" products and services. "Eargasmic Rec" furthermore reserves the right to deem arbitration of these agreements unnecessary for any reason, leaving you without any form of recourse. Upon entrance of this website you agree to release, waiver, and forfeit all rights to settlement for any situation, whatsoever, concerning "Eargasmic Rec" and eargasmicrec.com. Upon purchase or completion of any order, as well as upon receipt of "Eargasmic Rec" products or services you are entering an agreement of “No Contest” wherein you may not intentionally market, promote, or create another company as well as service another entity that could be considered competition in the same or in a similar market which may promote, market, or sell similar or identical products or services.

By use of this website you also legally agree to be bound to the following statements, and agreements.

In the following section of agreements, "you" the user will be referred to as "I, my, me, or myself" in order to clarify that these are factual statements and agreements, where in "you" the user understand, agree, affirm, confirm and comply to the statements listed hereafter.

By accepting this Agreement and thereby entering this website, I hereby swear and affirm under oath, represent and warrant that the following statements are true:
I am at least 18 years old.
I understand the standards and laws of the area I am accessing this site from.
By entering this website, I agree to release, discharge, and hold harmless the providers, owners and creators of this website from any and all liability which might arise from viewing or using the products listed on this site.
If I use these services in violation of this Agreement, I understand I may be in violation of local, state, federal, international or other laws.

I will not make false claims in regards to any products or services.
I will not purchase an item without first reading all agreements, warnings, disclaimers, or descriptions listed on the site.
I will abide by the terms set forth on the Shipping Policy, Replacements and returns, and Terms of Service pages listed on eargasmicrec.com
I will contact "Eargasmic Rec" and eargasmicrec.com before initiating any returns, charge-backs, or replacement services.

Shipping & Delivery
At this time, Eargasmic Rec ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands usually between 1-5 business days. Additionally, Eargasmic Rec ships merchandise to Canada, Australia, and many other countries as well. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

International
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Eargasmic Rec is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
In an effort to keep shipping costs as low and simple as possible, some items may not be available to be shipped internationally.

Sales Tax
Eargasmic Rec charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

Warranties
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Eargasmic Rec makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Eargasmic Rec SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Eargasmic Rec BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

-- OR Depending on State --

The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Eargasmic Rec.

The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Eargasmic Rec is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Eargasmic Rec.

The inclusion of material on this server does not imply any endorsement by Eargasmic Rec, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Eargasmic Rec tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Return Policy
You may purchase merchandise from this Web site by using any one of the payment options listed on the Store. Eargasmic Rec reserves the right to change its payment procedures at any time without prior notice to you.

Returns must accompany an authorized RMA#. You must contact Eargasmic Rec and obtain an RMA#. Returns submitted to Eargasmic Rec without an authorized RMA# will not be accepted. No exceptions.

Upon return of defective merchandise we will replace the defective item with a new and working one. Should an item be inspected, and deemed not defective, you will be contacted and the item will be returned to you. Should we not be able to replace the defective merchandise, we will issue a refund for the purchase price of the defective merchandise. Shipping is non-refundable. We only accept returns on mechanical hardware unless otherwise stated on the product page. All liquids or consumable merchandise is sold As-Is, with no warranties expressed or implied.

Miscellaneous
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Eargasmic Rec and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

GOVERNING LAW:
In the event of litigation both parties agree that the Law of the State of business registration of Eargasmic Rec shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS:
The Terms and Conditions constitute the entire agreement between you and Eargasmic Rec with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Eargasmic Rec with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Eargasmic Rec. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.