Terms of service

OVERVIEW

This website is operated by headphones.com. Throughout the site, the terms “we”, “us” and “our” refer to headphones.com. headphones.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall headphones.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless headphones.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 569 West 16th Ave Vancouver British Columbia CA V5Z4N7.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@headphones.com.

SECTION 21 - LOYALTY PROGRAM

Last updated June 30, 2023

    1. The Loyalty Program. The Loyalty Program launched April 5, 2023 (“Launch Date”) and is offered by Headphones Inc., dba Headphones.com. Any reference to “we”, “us” or “our” refers to Headphones Inc. The Loyalty Program allows members to earn points by participating in various activities including by purchasing products on Headphones.com, and to redeem those points on Headphones.com. In addition, members of different tiers are entitled to various additional benefits, described below. We may change or terminate the Loyalty Program, and these Terms, at any time, including by changing, terminating or adding new benefits and tiers, changing eligibility requirements, or altering the rules relating to point value and redemption, without prior notice except as expressly set out in these Terms or required by applicable law. By applying for a membership account, or participating in the Loyalty Program, you agree to be bound by these Terms and Conditions (“Terms”) and any changes posted from time to time. It is your responsibility to review these Terms from time to time to keep informed of any changes.
    2. Membership. Membership in the Loyalty Program is free, and available to any individuals over the age of 18 in the United States. Membership is limited to one account per individual and is non-transferable. To sign up for a membership account, you must provide your first and last name and email address. If you already have a customer account with Headphones.com, you are automatically enrolled as a member of the Loyalty Program, and any purchases you made between January 1, 2023 and the Loyalty Program Launch Date will count towards your points balance and your tier status. Any purchases you made prior to January 1, 2023 will not count towards your points balance or your tier status. You may opt out of the program at any time. If you wish to opt out of the program, please contact us at info@headphones.com. If you opt out of the program, any unused points in your membership account will expire as of the date that you opt out (please see Section 7 for more information). You will be able to see your tier and points balance in your account when signed in.
    3. Tiers and Related Benefits. The tiers and benefits associated with each tier are set out below. Tier status is earned by purchasing products on Headphones.com. In order to be eligible to count towards tier status, purchases must be made after January 1, 2023 using your membership account, and the applicable product order must be fulfilled. Any purchases made using guest checkout will not be attributed to your account or the Loyalty Program. If you cancel or return a product order which results in your annual spend not meeting the required minimum annual spend for a tier, then you will be moved back to the previous tier. All new members are automatically enrolled in Tier 1 upon enrolment. For members with existing customer accounts who are automatically enrolled into the Loyalty Program on the Loyalty Program Launch Date, tier status on the Launch Date will be determined by calculating the member’s purchases from January 1, 2023 to the Launch Date. Unless the Loyalty Program is canceled or a member’s account is revoked by us (see Section 10 for more details), or a member opts out of the Loyalty Program, all members will remain at Tier 1 unless the minimum annual spend required to move to a higher tier status is met. Except for Tier 1, tier status is earned at the time of the purchase that results in the member’s annual spend for the calendar year meeting or exceeding the required minimum annual spend for such tier, and any benefits of the new tier status will apply to the member’s next purchase. For the 2023 calendar year, annual spend will be considered to start as of January 1, 2023. Unless the member moves to a higher tier (if applicable) or cancels or returns a product order which results in the member being moved back to a lower tier (as described above), tier status earned in a calendar year will apply through the remainder of the same calendar year, until December 31st of the following calendar year. A member’s annual spend resets to zero every January 1st.

      Tier 1

      Tier 2

      Tier 3

      Tier 4

      Annual Spend

      Up to $999 USD/yr

            $1,000-$3,999 USD /yr

              $4,000-$9,999 USD/yr

      $10,000 USD/yr

      Points earned per $1 spent

      $1 = 1 pt

      $1 = 1 pts

      $1 = 2 pts

      $1 = 3 pts

      Shipping benefit

      Free Standard for purchases over $100

      Free 2-day shipping

      Free Overnight shipping

      Free Overnight shipping

      Point multiplier events

      2x

      3x

      4x

      5x

      Special Offers

      N/A

      N/A

      Yes

      Yes

      Returns

      30 days for refund, return for credit up to 365 days

      45 days for refund, return for credit up to 365 days

      90 days for refund, return for credit up to 365 days

      120 days for refund, return for credit up to 365 days

      Priority access to special product launches

      N/A

      N/A

      ✓

      ✓
    4. Earning Points. Points will be earned on every product purchase you make on Headphones.com after the later of January 1, 2023 and the date you sign up for an account. The point value of a purchase relates to the dollar value of the products included in the purchase, less any promotional discounts, and does not include the value of any gift cards purchased, free items included in an order, or applicable taxes or shipping costs. Points earned during a purchase may only be redeemed in a subsequent purchase. The number of points earned per dollar spent will vary based on the tier you are in at the time of purchase. Refer to the table in Section 3 for more information. In order to earn points, you must be logged into your membership account at the time of purchase. If you cancel or return all or part of an order that was eligible for points, the number of points equal to the associated value of the returned order (or part of the order) will be deducted from your account balance. You can also earn points by: (1) signing up for an account (100 points); (2) following us on Twitter (25 points) ; (3) joining the Headphones.com Discord (25 points); (4) Subscribing to the HEADPHONE Show on Youtube (25 points); and (5) signing up for our newsletter (25 points). When you follow us on Twitter, join the Headphones.com Discord or subscribe to the HEADPHONE Show on Youtube, we will store your username(s) associated with the applicable platform(s) as part of your membership account. We may also in our discretion offer additional points from time to time, including on member birthdays (to members who have provided a valid birthdate). The points themselves have no cash value and can only be redeemed as set out in these Terms or as communicated by us via email or other Program related communications. We may, in our sole discretion, allow points to be redeemed in other ways than described in these Terms from time to time. However, unless we expressly permit, points are never redeemable for cash.
    5. Benefits.

      Each tier is associated with different types of benefits, as set out in the table in Section 3. This section provides more information regarding how the benefits work.

      1. Shipping. The shipping benefit associated with each tier refers only to the type of shipping method, and does not constitute a guarantee regarding delivery time.
      2. Point Multiplier Events. From time to time we may offer events where points earned for a purchase made within a specific time period are multiplied. Unless otherwise indicated by us in writing, the specific multiplier for each tier is set out in the table in Section 3. We reserve the right to change the multiplier for any or all tiers, provided that the change will apply to all members within the affected tier(s).
      3. Special Offers. From time to time we may make special offers available to members of certain tiers. Special offers may consist of experiential events, bundles and discounts on permitted products. The number and type of special offers provided will be at our sole discretion. Special offers may vary between tiers and may be offered on a limited time, while supplies last, first-come, first-served basis.
      4. Returns. For more information on returns, please refer to our Return Policy. While we allow returns of eligible products for 365 days from the date of purchase, the period of time during which a return will result in a refund to the original method of payment rather than a store credit differs according to tier. For example, Tier 1 members will receive a refund for any return made within 30 days of the date of product shipment, less original shipping and return shipping fees and any applicable restocking fees as set out in the Return Policy. The refund will be made to the method of payment of the original purchase. A return made after this date will receive a store credit for the value of the returned product, less original and return shipping fees and any applicable restocking fees. To the extent of any inconsistency between these Terms and the Refund Policy, these Terms will prevail, but only to the extent necessary to resolve the inconsistency. Except to the extent altered by these Terms, all other terms and conditions contained in the Return Policy apply to every product return, including those relating to return eligibility, restocking fees and cancellation fees.
      5. Referrals. If you refer another eligible individual to the Loyalty Program using the link we provide to you, you will earn a $25 gift card if that person signs up for a membership and spends $250 or more on their first order. The member you referred will also receive a $25 gift card applicable to future orders. If the member you referred returns the order than resulted in the gift card being issued to you and, in our sole discretion, we suspect or determine that either you or the referred member have engaged in abuse or “gaming” of the Program, we reserve the right in our sole discretion to not provide the gift card to you or the referred member, to remove the gift card from your account and/or the referred member’s account, or to deduct the amount of the gift card(s) from any refund or store credit issued to the referred member.
      6. Priority Access to Special Product Launches. From time to time we may provide Tier 3 and Tier 4 members with early or exclusive access to certain products. We reserve the right to limit the number of product units available via priority access, and such availability will be on a limited-time, while-supplies-last, first-come, first-served basis. We may change or cancel priority access at our discretion at any time.
    6. Redeeming points. Points can be redeemed in two ways:
      1. Gift Cards. Points can be redeemed to purchase gift cards as follows:

        1,000 points may be redeemed for a $10 gift card;

        2,000 points may be redeemed for a $30 gift card; and

        3,000 points may be redeemed for a $50 gift card.

      2. Merchandise. From time to time we may offer branded merchandise that can be acquired solely through the redemption of points. The number of points required to redeem merchandise will vary, based on the specific merchandise. Specific merchandise may be offered for a limited time, while supplies last, and on a first-come, first-served basis. In addition, we reserve the right to limit the number of items of a specific piece of merchandise members may redeem.
    7. Point Expiry. If you do not redeem points or make a purchase associated with your account credentials on Headphones.com for 36 months, your account will be considered inactive and will be cancelled, and your points will automatically expire. We will send a notification to the email address associated with your account 60 days before the date of cancellation. If we in our sole discretion cancel the Loyalty Program, all unused points will expire as of the date of Program cancelation. If, in our discretion, we revoke a member’s account due to actual or suspected fraud, abuse, “gaming” the Program, vexatious conduct or other misconduct, the member’s unused points will expire as of the date the membership is revoked. If you opt out of the Loyalty Program, your unused points will expire as of the date you opt out of the Loyalty Program.
    8. Terms of Service and Privacy Policy. By creating a membership account for the Loyalty Program, you agree to be bound by the Headphones.com Privacy Policy and Terms of Service. We collect, use and retain information about Loyalty Program members to provide services to Loyalty Program members, manage the Loyalty Program, and protect against malicious, fraudulent or illegal activity, including any attempts to manipulate, “game” or abuse the Loyalty Program in violation of these Terms. We also share information about Loyalty Program members with service providers for the sole purpose of administering the Loyalty Program, including monitoring for activities that violate the Terms of the Loyalty Program. See our Privacy Policy for more information.
    9. Communications from Headphones.com. By joining the Loyalty Program, you agree to receive communications from Headphones.com related to the Loyalty Program. Headphones.com may also send you advertising and marketing materials and other communications. You can unsubscribe at any time by clicking the unsubscribe link in the applicable email or contacting us at info@headphones.com. If you unsubscribe from receiving these emails it may impact our ability to convey important Loyalty Program related information to you, including information related to multiplier events, special offers, and tier-related benefits.
    10. Changes, Termination and/or Removal From Program.

      We may at any time and in our sole discretion, change the Loyalty Program rules, tiers, benefits, eligibility for membership, or any other feature of the Loyalty Program, or assign to another entity any of our obligations to Loyalty Program members. We may terminate the Loyalty Program any time at our sole discretion. We will notify members by email of any termination of the Loyalty Program, or material changes to the Loyalty Program. Your continued participation in the Loyalty Program following such changes constitutes your acceptance of the changes.

      In addition, we reserve the right to exclude individuals from the Loyalty Program or revoke membership at any time, to change the tier status of member, to remove points from a member's account and to cancel orders that violate these Terms, the Headphones.com Terms of Service or if we determine in our sole discretion that a member’s conduct, including related to orders and returns, constitutes fraud, abuse, manipulation or "gaming" of the Loyalty Program or its rules. If your Membership is revoked or otherwise cancelled in accordance with these Terms, any points in your account will automatically expire.

    11. Limitation of Liability. To the extent permitted by applicable law, in no event will Headphones Inc. or its parent company Premium Sound Inc., or any of the officers, directors, employees or agents of such entities be liable for any damages arising out of or in connection with your participation in the Loyalty Program, your membership or your account (including any tier-related benefits or points associated with your account), including in the event that we cancel or make any changes to any aspect of the Loyalty Program, or cancel or make changes to your membership, account, tier or point balance as described in these Terms. The exclusion of liability described above includes direct, indirect, incidental, special, exemplary, punitive and consequential damages, however arising, and whether based in contract, tort or otherwise, even if we are advised of the possibility of such damages. To the extent permitted by applicable law, by agreeing to these Loyalty Program Terms you acknowledge and agree that you are giving up the right to seek damages from us, and that the allocation of risk in these Terms is fair and reasonable.
    12. Addressing Complaints and Resolving Disputes. If you have an issue with your membership, account or the Loyalty Program, please contact us at info@headphones.com, and we will do our best to help. To the extent that you disagree with our decision regarding the Loyalty Program, your account or participation in the Loyalty Program, our decision is final.
    13. Choice of Law and Forum. These Terms are governed by the laws of the State of Oregon and the federal laws of the United States applicable in Oregon, without reference to conflict of laws provisions. Except to the extent prohibited by law, any disputes arising out of or related to the Loyalty Program or these Terms will be handled individually without any class action. The exclusive jurisdiction for any claim or action arising out of or relating to the Loyalty Program or the Terms will be the courts of the State of Oregon.
    14. General. If any term or provision of these Terms is deemed to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Our failure or delay to exercise any right or remedy in these Terms does not constitute a waiver of those rights or remedies. As used in these Terms, the word “including” means “including but not limited to”. Any dollar amounts referenced in connection with the Loyalty Program or these Terms are in US dollars.

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Mobile Terms of Service

Last updated: Dec. 31, 2022

The Headphones.com mobile message service (the "Service") is operated by Headphones.com (“Headphones.com”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Headphones.com’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Headphones.com through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Headphones.com. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18775906755 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Headphones.com mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18775906755 or email info@headphones.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.