Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
Headphones.com. The collective work includes works that are licensed to
Headphones.com. Copyright 2008, Headphones.com ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy
portions of this site for the sole purpose of placing an order with
Headphones.com or purchasing Headphones.com products. You may display
and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with Headphones.com or to
purchase Headphones.com products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of
the content of this site is strictly prohibited, unless authorized by
Headphones.com. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Headphones.com used in
the site are trademarks or registered trademarks of Headphones.com
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To
the fullest extent permissible pursuant to applicable law,
Headphones.com disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. Headphones.com does not
represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or
that this site or the server that makes the site available are free of
viruses or other harmful components. Headphones.com does not make any
warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability
Headphones.com shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if
Headphones.com has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability
or incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
In the event that a Headphones.com product is mistakenly listed at an
incorrect price, Headphones.com reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price.
Headphones.com reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Headphones.com shall issue a credit to your
credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing
the site and/or completing the registration or shopping process. These
terms and conditions, or any part of them, may be terminated by
Headphones.com without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
Headphones.com may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Headphones.com.
Use of Site
Harassment in any manner or form on the site, including via e-mail,
chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Headphones.com or other licensed
employee, host, or representative, as well as other members or visitors
on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Headphones.com does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site, Headphones.com
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, Headphones.com reserves the right to
block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Headphones.com in its sole discretion.
You agree to indemnify, defend, and hold harmless Headphones.com, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
In an attempt to provide increased value to our visitors, Headphones.com
may link to sites operated by third parties. However, even if the third
party is affiliated with Headphones.com, Headphones.com has no control
over these linked sites, all of which have separate privacy and data
collection practices, independent of Headphones.com. These linked sites
are only for your convenience and therefore you access them at your own
risk. Nonetheless, Headphones.com seeks to protect the integrity of its
web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
**** Important Information About Item Delivery
Freight Damage :
merchandise will be replaced and/or repaired at our discretion. It is the
responsibility of the purchaser to inspect ALL shipments received for freight
Items shipped via private truck:
the item is shipped via truck, make the truck driver wait for you while you
inspect the item. Failure to inspect the item will result in loss of protection.
If you cannot check the item at the time of delivery, or if the
trucking company will not give you the time to check, MARK THE PACKAGE
DAMAGED, and keep the box for review later. If the item happens to have
concealed damage, we will then be able to process a return claim.
shipped via UPS/FedEx:
UPS/FedEx leaves the package at the door and you are not available to inspect it
for freight damage, you need to call your FedEx/UPS office within 24 hours of
delivery and file an immediate freight claim to report damage in addition to
calling us for replacement parts.
DOA / Defective Items :
your item arrives Dead on Arrival (DOA) or is defective upon receipt, please
contact Customer Service immediately for an RMA #. DOA / Defective items can
be returned for exchange only. If you do not want a replacement unit sent
out, than the standard return policy and restocking fee will be applicable to