Terms and Conditions

 

1.                  Agreement between user and www.tlssoundlabs.com

Welcome to www.tlssoundlabs.com. The www.tlssoundlabs.com website (the "Site") is comprised of various web pages operated by The Listening Stack ("TLS"). www.tlssoundlabs.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.tlssoundlabs.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

This site is an E-commerce website operating under TLS’s supervision. This site provides manufacturing services for custom molded (fit to a specific individual’s right or left ear canal) products for your ears. Due to the sensitive nature of the ear canal and ear health you acknowledge that you have been seen by a local professional who is currently licensed in your state, in a face-to-face meeting, within the last three months. The local professional must be a licensed hearing aid dispenser, audiologist, or ear, nose, and throat doctor with a current license in good standing. If you have not seen a local professional prior to your order, you agree that you will consult with a licensed hearing aid dispenser, audiologist, or ear, nose, and throat doctor prior to sending TLS your ear impressions.

2.                  Privacy

Your use of www.tlssoundlabs.com is subject to TLS's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

3.                  Electronic Communications

Visiting www.tlssoundlabs.com or sending emails to TLS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

4.                  Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TLS is not responsible for third party access to your account that results from theft or misappropriation of your account. TLS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

TLS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.tlssoundlabs.com only with permission of a parent or guardian.

5.                  Warranty & Refund Policy

  1. Sixty (60) day Best-Fit Warranty All of TLS’s custom molded ear plugs, earbud adapters, and in-ear stage monitors/earphones have a sixty (60) day warranty for fit and finish. This includes comfort and insures the ability for the earplug to properly seal the ear canal. We can remake and refit your earplugs at no cost to you (not including new impressions if needed) as many times, within the sixty (60) day warranty period, as necessary. If you are not satisfied with the fit and finish of your earplugs, please send them back to the address below and we will issue you a full refund minus any return shipping charges incurred. We do not refund or reimburse for ear canal impressions made off site. Our onsite office address is below.

The Listening Stack

4140 Capitola Rd. Ste. R

Capitola, CA 95010

  1. One (1) Year Warranty Terms - TLS offers a one (1) year warranty on all our custom products (excluding non-hard wired electronics such as any device attached to a silicone adapter). This warranty covers manufacture defects in the material or craftsmanship of the initial custom products. This includes tears in the material from normal use, shrinkage of the silicone, and any other material defects under normal wear and tear. 
  2. Loss and Damage Insurance Terms - TLS offers in its brick and mortar store as well as its online store at www.listeningstack.com and www.tlssoundlabs.com an option to purchase loss and damage insurance for ear plugs and/or earphone adapters (silicone models only). This insurance will cover one (1) replacement per ear plug and/or earphone adapter for a period of twelve (12) months from the delivery date. Clients that purchase this insurance may use the coverage to replace one (1) set of ear plugs and/or earphone adapters (left and right ear) within the twelve (12) month period. This coverage will terminate at the end of twelve (12) months or after both claims have been used, whichever comes first. This insurance option is only available for purchase before delivery of said ear plugs and/or earphones
  3. General Return Terms – Any packages received after the 65th day from the original acceptance date (see below) will be returned to the purchaser and no refund will be processed. In order for a return to qualify for a full refund the products must meet the following criteria: the products must be in like new condition with no damage of any kind; all original packaging must be included; all invoiced products must be included (i.e. cases, cleaning cloths, etc.). TLS will not be held responsible for lost packages, damaged packages, or packages delivered late. For this reason TLS highly recommends using a shipping method that includes a tracking number. The return shipment date is the day the package is picked up by a courier for delivery to our office (UPS, FedEx, USPS are preferred methods and highly recommended). Shipping and handling charges are non-refundable.
  4. Acceptance Date – TLS uses USPS, UPS, and FedEx shipping services and tracks all of their outgoing packages. Acceptance date is based on the delivery date of the tracking number from the user’s order.

6.                  Links to third party sites/Third party services

www.tlssoundlabs.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TLS and TLS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TLS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TLS of the site or any association with its operators.

Certain services made available via www.tlssoundlabs.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.tlssoundlabs.com domain, you hereby acknowledge and consent that TLS may share such information and data with any third party with whom TLS has a contractual relationship to provide the requested product, service or functionality on behalf of www.tlssoundlabs.com users and customers.

7.                  No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.tlssoundlabs.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TLS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TLS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TLS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TLS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TLS or our licencors except as expressly authorized by these Terms.

8.                  International Users

The Service is controlled, operated and administered by TLS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TLS Content accessed through www.tlssoundlabs.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

9.                  Indemnification

You agree to indemnify, defend and hold harmless TLS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TLS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TLS in asserting any available defenses.

10.              Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TLS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TLS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TLS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TLS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TLS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

11.              Termination/access restriction

TLS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TLS as a result of this agreement or use of the Site. TLS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TLS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TLS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TLS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TLS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

12.              Changes to Terms

TLS reserves the right, in its sole discretion, to change the Terms under which www.tlssoundlabs.com is offered. The most current version of the Terms will supersede all previous versions. TLS encourages you to periodically review the Terms to stay informed of our updates.

13.              Contact Us

TLS welcomes your questions or comments regarding the Terms:

The Listening Stack

4140 Capitola Rd. Ste. R

Capitola, CA 95010

Email Address:

info@listeningstack.com

Telephone Number: (855) 693-2771

Effective as of January 1st, 2016