Terms of service

PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USE OF THIS WEBSITE.

Welcome to the website of CURVD Earplugs (“CURVD”), a brand owned by Decibullz, LLC (“Decibullz, LLC”). Decibullz, LLC owns and operates the website of http://www.curvdearplugs.com/ (the “CURVD sites”). These Terms & Conditions (the “Agreement”) apply to your use of this website, as well as to any purchase of CURVD products , under any brand name owned by Decibullz, LLC, through this website. By using this website you affirm that you have reviewed and understand this Agreement and that you agree, without limitation or qualification, to be bound by this Agreement.

This Agreement may be modified or replaced at CURVD’s sole discretion, without any obligation to notify you. You are advised to routinely check this web page to review if and to what extent this Agreement has been changed. Your continued use of this website shall constitute your consent to any changes.

1. Privacy Policy: The use of any CURVD sites is subject to the CURVD Privacy Policy. By accessing this website, you agree that you have read and consent to be bound not only to this Agreement, but also to the Privacy Policy.

2. Accessibility Statement. The use of any CURVD sites is subject to the CURVD Accessibility Statement. By accessing this website, you agree that you have read and consent to be bound not only to this Agreement, but also to the Accessibility Statement.

2. Use of this Website: You are permitted to use the website so long as you follow this Agreement and use the website only in the manner intended, namely as a way to shop for CURVD products. Your rights with regard to accessing this website may be terminated or restricted at any time at the sole discretion of Decibullz, LLC. Decibullz, LLC is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that Decibullz, LLC may choose to enforce.

3. User Generated Content. You acknowledge and warrant that any information you may post, or submit to the CURVD sites does not: (i) infringe on your rights; (ii) infringe on a third party’s rights, specifically but not limited to any intellectual property rights, or any other confidential or proprietary right; or (iii) constitute a criminal offense or give rise to civil liability. You affirm that you will retain ownership to any post and that CURVD has only the rights to allow your post to be displayed on the CURVD sites and to remove such post if it violates this Agreement. Additionally, you acknowledge and warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the website or to any other user.

3.a. Content Creators. Certain Users create photographs, stories, videos, or other social media content posted on third parties (“Content Creators”). Some Content Creators generate content regarding CURVD, its products, or its services. CURVD may approach a Content Creator for permission to use such content on the CURVD sites. Upon written approval, the Content Creator agrees that it grants CURVD the right to use the Content subject to this Agreement and provides an express, irrevocable, and unconditional grant of a worldwide, royalty free license to sue the Content on the CURVD site. Content Creator acknowledges that it is responsible for its Content, and for all uses of its Content.

CURVD shall provide appropriate attribution to the Content Creator.

A Content Creator shall hold CURVD harmless from claims from any third parties, including any costs or fees including attorneys fees, regarding the substance or use of the Content.

Nothing in this Agreement shall restrict, govern, or interferer with normal and usual social media interactions on sites hosted by third parties.

4. CURVD Refer-a-Friend Program Terms & Conditions: As a Refer-a-Friend member (a “Referrer”), you are subject to CURVD’s Terms of Use and CURVD’s Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for CURVD’s Refer-a-Friend program:

Qualified Referral. A Qualified Referral is defined as a purchase madeat www.CURVD.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).

Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $25 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3 rd party fees.

Reward Payments. Rewards are payable in increments of $10. The maximum Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

Eligibility. Eligibility is limited to individuals only. CURVD’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in CURVD’s sole discretion. (Corporations are not people, my friend!)

No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from CURVD’s Refer-a-Friend program.

Right to Close Accounts. CURVD reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the CURVD Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

Right to Cancel Program or Change Terms. CURVD reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

5. Copyrights and Trademarks: All materials displayed or otherwise accessible through this website are owned by Decibullz, LLC or are owned by third party content suppliers and used through a license or other permission. All materials are protected under the applicable copyright and trademark laws of the United States of America and elsewhere. You hereby agree not to print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this website, including, but not limited to, the text, graphics, audio and visual content, and code. You may access this website and make a single copy of the material for your personal, non-commercial use. Nothing in this Agreement shall be construed as granting you a license for anything other than your personal use.

6. Links and Integrations: This website may contain links to or integrations with other websites that are operated by third parties, and are not under the control of CURVD. CURVD is not responsible for, and expressly excludes all liability with relation to these linked or integrated websites which you access at your own risk. Your use of any link or integration may be subject to any terms of use, privacy policy, or other legal agreement issued by and binding through any third party and it is your responsibility to identify and comply with such agreements.. CURVD makes no representations, warranties or conditions concerning the linked websites, any integrations, or their contents.

7. Orders and Payment: When you submit an order on this website, your order shall be considered as an offer to CURVD. CURVD reserves the right to refuse your order at any time and for any reason, including but not limited to: (i) the availability of the products in your area (CURVD specifically reserves the right to revise or cease to make available any of its products at any time); and (ii) if the products are incorrectly described or priced on the website. Pre-orders require immediate payment and will ship to consumers when the item/items become available. In the event that your order is cancelled or refused, you shall receive an email confirmation stating same. Additionally, if your order is refused or cancelled following payment, CURVD will reimburse you for the full amount paid.

The third party credit card service provider must approve all purchases made through the use of a credit card.

You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of CURVD.

8. Shipping: CURVD will ship based on the method you select from the available options. The estimated time of the arrival of your product should be considered as an estimate only, and CURVD will not be responsible for any damages due to delays in shipping. CURVD will work to ensure shipping within two business days of the original transaction, but cannot guarantee such timeline. You will receive an email confirmation once your package has shipped.

Charges for shipping will be listed when you purchase the product from this website. You are responsible for all shipping related taxes, and you agree to comply will all export laws of the United States of America that apply to the products purchased or received under this Agreement.

Domestic delivery can be expected within 3-5 business days from time of shipping. International delivery can be expected in as little as 10-15 days, but can take up to 4 weeks from time of shipping. CURVD uses a third party shipping service provider to ship its products. As such, CURVD will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title and risk of loss shall pass to you at the moment the product that you have purchased is transferred to the shipping service provider.

CURVD DOES NOT GUARANTEE DELIVERY BY A SPECIFIC DATE, NOR ARE WE RESPONSIBLE FOR DELAYS FROM THE CARRIER, CAUSED BY CARRIER STRIKES, OR INCLEMENT WEATHER.

9. Return Policy: We take pride in every single CURVD® product and we want you to be 100% satisfied with your purchase. If any of our products do not meet your expectations, we want to know. As such, please email us immediately at support@curvdearplugs.com, and please include your order number and a description of the reason for the return. If you think you may have received a defective product under the Product Warranty (the “Warranty), please contact us immediately at support@curvdearplugs.com.

You may exchange or return any products purchased at www.curvdearplugs.com for a full refund, less original shipping chargers, based on the original form of payment, within 100 days of the date of purchase. Unopened products can be exchanged at any time. Please note that you will be responsible for the shipping charges for the original order as well as the charges to ship products back to or facility. In certain circumstances, CURVD may cover shipping costs at CURVD discretion. If the product has been opened or used, Returns may not be accepted or other restrictions may apply.

If you purchased your CURVD® product through one of our certified retailers please follow their policy for returns. If for some reason they are not able to help you let us know and we will do what we can to help.

10. Disclaimer: TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS WEBSITE IS AT YOUR OWN RISK, AND DECIBULLZ, LLC HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBSITE AND YOUR PURCHASE OF ANY PRODUCTS HEREUNDER. THIS WEBSITE IS PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, AND THIS WEBSITE MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON. SPECIFICALLY, DECIBULLZ, LLC DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR PRICING IS ACCURATE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.

11. Limitation of Liability: YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL DECIBULLZ, LLC, ITS OFFICERS, REPRESENTATIVES OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHERWISE. DECIBULLZ, LLC, ITS OFFICERS, REPRESENTATIVES AND EMPLOYEES SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. DECIBULLZ, LLC HEREBY EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. THIS ENTIRE LIMITATION SHALL APPLY EVEN IF DECIBULLZ, LLC, ITS OFFICERS, REPRESENTATIVES OR EMPLOYEES WERE INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVE MENTIONED DAMAGES. DECIBULLZ, LLC MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCT. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN DECIBULLZ, LLC AND YOU.

12. Indemnification: You agree to indemnify, defend and hold harmless (including reasonable legal fees) Decibullz, LLC its officers, directors, employees or agents from any action arising from your misuse of this website or the breach of any of the provisions of this Agreement.

13. Miscellaneous: This website, any use of this website and any dispute relating thereto to or to the products purchased therein shall be governed and construed by the laws applicable to the United States of America and to the state of Colorado, without regard to conflict of law rules. Both Decibullz, LLC and you agree to the exclusive jurisdiction of the United States of America and the State of Colorado, with any disputes being litigated in the state courts seated in Larimer County, Colorado or the federal court seated in Denver, Colorado, if appropriate.

This Agreement, the Privacy Policy, the Accessibility Statement, and the Warranty shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.

Should any provision of this Terms of Use be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not affect the validity of the other provisions.

LEGAL

The CURVD word mark and logo are registered trademarks of Decibullz LLC, registered in the United States and other countries. All Rights Reserved 2013. Apple®, iPhone®, iPad®, iPod®, iPod classic®, iPod nano®, iPod shuffle®, iPod touch®, EarPod® are trademarks of Apple Inc., registered in the U.S. and other countries.

Contact Us

CURVD welcomes your questions or comments regarding the Terms:

Decibullz LLC

Email Address: support@curvdearplugs.com

Effective as of December 05, 2012