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Terms of Use


These Terms of Use ("Terms") are a legal agreement between you and Logitech and govern your use of the Ultimateears FitKit App, Custom.ultimateears.com website, and/or mobile applications (collectively, the “Applications”) either as a visitor, content contributor, or as a registered user. Use of, posting of information to, and access to the Applications are subject to your compliance with these Terms, so please read them carefully before using the Applications. Logitech reserves the right to limit or terminate your access to the Applications or terminate or suspend your registration for failure to comply with the terms and policies posted on the Applications, including these Terms, or for any reason at any time.

BY ACCESSING AND USING THE APPLICATIONS IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THE APPLICATIONS IN ANY MANNER.

 

Modifications to these terms

Logitech may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Applications, following the posting of any changes, will signify your acceptance of those changes.

 

Changes to the Applications

In an effort to continually improve the Applications and its usefulness to you, we may from time to time provide bug fixes, updates, upgrades and other modifications to the Applications (“Updates”).  These may be automatically installed without providing any additional notice or receiving any additional consent.  You consent to these automatic Updates. If you do not want such Updates, your remedy is to stop using the Applications.  In the event that Logitech makes such changes, these Terms shall apply to the new services and to any changes to existing services.

 

User information

To use certain parts of the Applications, you will be asked to provide information about yourself, such as your first name, e-mail address, password, country zip code, or postal code. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Logitech immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Logitech or any other user of or visitor to the Applications due to the use of your username, password, or account by another person.  If You are submitting personal information on behalf of another individual, You represent and warrant that You have such individual’s permission to provide their personal information.  You may not use anyone else's Logitech ID, password, or account at any time without the express permission and consent of the holder of that Logitech ID, password, or account. Logitech cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Privacy policy

Logitech respects your desire for privacy and takes care to protect the personal information you provide us. Logitech's privacy policy can be found at https://www.logitech.com/en-us/legal/product-privacy-policy.html. By using the Applications, you are consenting to the terms of our privacy policy.  Logitech has security measures in place to protect the loss, misuse, and alteration of the information under Logitech's control. These security measures are described in our privacy policy.  Although Logitech has taken the steps described in our privacy policy to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, Logitech does not guarantee that the personal information you provide will not be intercepted by others and decrypted.  Logitech is not responsible for any information provided by you to third parties, and that information is not subject to Logitech’s privacy policy.  You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to third parties via the Applications.  For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.

 

Content

All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code ("Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and the arrangement of such Content, contained on the Applications is owned, controlled, or licensed by Logitech. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Content (e.g., Software License Agreement, Terms of Service, etc.), Logitech hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use.  Logitech reserves all rights to Content not expressly granted herein.

 

No unlawful or prohibited use

While using the Applications, you may NOT do the following:

  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Applications or Logitech's systems or networks, or any systems or networks connected to the Applications or to Logitech
  • Use any robot, spider, scraper, or other automated means to access the Applications or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines
  • Transmit any information, file, or software that contains, but not limited to, a virus, Trojan horse, worm, adware, spyware, crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or any other harmful software program or program element

 

Links to third party websites and services

In attempting to provide you with comprehensive and useful resources, the Applications may contain links to third-party websites, applications, or services which are not under the control of Logitech. Logitech is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. Logitech is providing these links to you only as a convenience, and the inclusion of any link does not imply that Logitech endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.

In connection with your use of the Applications, you may be made aware of services, products, offers, and promotions provided by third parties, and not by Logitech. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not Logitech, is responsible for the performance of the third-party services or products.

 

WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATIONS AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THE APPLICATIONS OR LINKED FROM THE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND LOGITECH AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS "SUPPLIERS") HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. LOGITECH DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABLILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE APPLICATIONS. LOGITECH AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THE APPLICATIONS OR ANY INFORMATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. LOGITECH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APPLICATIONS WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, LOGITECH IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY LOGITECH, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOGITECH (OR LOGITECH'S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF LOGITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE APPLICATIONS, REMOVAL OR TERMINATION OF THE APPLICATIONS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THE APPLICATIONS, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATIONS, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THE APPLICATIONS, OR ANY OTHER MATTER RELATING TO THE APPLICATIONS. IN NO EVENT SHALL LOGITECH'S AND ITS SUPPLIERS' CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE APPLICATIONS EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO LOGITECH DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.

 

Indemnification

You shall indemnify, defend, and hold harmless Logitech, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions arising out of your use of the Applications. Logitech reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim.

 

Disclosure of use

Logitech may disclose any information we have about you (including your identity), any transmittals or communications by you, and your use of the Applications or any services made available on the Applications if we determine that such disclosure is necessary to (1) comply with legal process, (2) comply with any investigation or complaint regarding your use of the Applications, (3) enforce these Terms of Use, (4) respond to claims that any such data violated the rights of others, or (5) protect the rights, property, or personal safety of Logitech, its employees, and visitors to or users of the Applications, including Logitech's customers, and the public.

Logitech reserves the right at all times to disclose any information that Logitech deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Logitech may also disclose your information when Logitech determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

Termination

You agree that Logitech may, in its sole discretion and without prior notice, terminate your access to the Applications and/or block your future access to the Applications if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Applications, or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) a request by you to remove your account, (3) discontinuance or material modification of the Applications or any service offered on or through the Applications, or (4) unexpected technical issues or problems.

In the event this agreement is terminated, the restrictions regarding Content or materials appearing on the Applications, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Use will survive termination. In the event that you are unsatisfied with the Applications or any services that may be provided by

Logitech, your sole remedy is to terminate this agreement

If Logitech does take any legal action against you as a result of your violation of these Terms of Use, Logitech will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any injunctive or equitable relief granted to Logitech. You agree that Logitech will not be liable to you or to any third party for termination of your access to the Applications.

 

Governing law

be governed by the laws of the United States and by the laws of the State of California, without regard to conflicts of law provisions; all claims and actions must be brought in the appropriate state or federal court located in Santa Clara County, California; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and venue.

 

Miscellaneous

Logitech may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of assets to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and Logitech regarding this subject matter, and they govern your use of the Applications. The failure of Logitech to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Applications or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

Logitech and/or UE Custom are not responsible for incomplete, incorrect or inaccurate capture of order information, including but not limited to technical malfunctions, human or technical error, omission, interruption, deletion, defect or failures of any telephone, cellular, or computer line, network, computer or equipment and/or any combination thereof. Logitech and/or UE Custom are not responsible for late or misdirected shipments. Dealers, distributors and other resellers are not eligible for this Gift with purchase Offer.  This Offer may not be combined with any other offer(s).

 

 

 

The following terms and conditions apply to gift cards purchased from Ultimate Ears Custom.

TERMS AND CONDITIONS ULTIMATE EARS CUSTOM GIFT CARDS

The following terms and conditions (the "Terms") apply to the purchase and use of Ultimate Ears Gift Cards ("Gift Cards") for Ultimate Ears Custom products and/or accessories available for purchase at https://custom.ultimateears.com.

Your purchase and use of one or more Gift Cards constitute your agreement to follow and be bound by these Terms. Gift Cards are issued by Logitech Inc. (“Logitech”) and denominated in U.S. dollars.

Note: This Agreement includes a binding arbitration provision, a class action and jury trial waiver, and limitations on liability and damages.

Gift Card Purchase

  • A Gift Card can be sent either to the recipient in physical form to the address you provide, or emailed to the recipient at the email address you provide.
  • The denominations available for Gift Cards are as specified on https://custom.ultimateears.com.
  • Gift Card purchases can be made using a credit card, debit card, or certain other electronic payment methods.
  • You authorize us to charge your credit card, debit card or other chosen electronic payment method at the time you purchase your Gift Card.
  • Title to and risk of loss for Gift Cards pass to the purchaser or the designated recipient once the amount is charged to the chosen electronic payment method.
  • Logitech is not responsible for any Gift Card that may be lost or stolen and lost or stolen Gift Cards will not be replaced.

Redemption & Use

Gift Cards:

  • may only be purchased online and redeemed online from the Ultimate Ears Custom website at https://custom.ultimateears.com;
  • may not be used to purchase other Gift Cards;
  • have a unique card number to be used for redemption purposes;
  • are not reloadable;
  • may not be returned or applied as payment on any account;
  • may not be redeemed for cash except as required by law;
  • may be purchased only in the U.S.;
  • may be redeemed for products shipped only to addresses within the U.S.;
  • do not expire;
  • and have no associated fees.

Additional payment will be required for any purchase where the the total purchase price exceeds the value of the Gift Card.

Logitech reserves the right to refuse to accept Gift Cards that Logitech reasonably suspects or believes were obtained fraudulently or unlawfully.

Privacy

Information provided by you to purchase and/or use Gift Cards is subject to Logitech’s privacy policy located at https://www.logitech.com/en-ch/legal/product-privacy-policy.html.

Customer Support

If you have any problems with a Gift Card or need assistance with any aspect of the purchase, ownership, or use of a Gift Card, please contact Customer Support at uecustomorder@logitech.com. Please refer to the unique card number for the Gift Card in question.

Limitation of Liability

GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS. LOGITECH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOGITECH SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM GIFT CARDS OR USE OF GIFT CARDS. IN THE EVENT LOGITECH IS FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES (AND MAY NOT INCLUDE ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) WHICH ACTUAL DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

Dispute Resolution

Any disputes arising out of the purchase or use of the Gift Cards or these Terms will be resolved entirely through binding individual arbitration. To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to Logitech Inc., Attn: General Counsel, 7700 Gateway Blvd., Newark, CA 94560. You agree the arbitration will be conducted by the American Arbitration Association (“AAA”) and in accordance with AAA’s applicable rules (available at www.adr.org). Payment of all filing, administration and arbitrator fees will be governed by the AAA applicable rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR LOGITECH WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Applicable Law

The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Gift Cards or use of the Gift Cards, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.

Void where prohibited or restricted by law. Logitech reserves the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Different or additional terms and conditions for Logitech promotions may apply to Gift Cards.

Offer, terms, conditions, and products are subject to change without notice.  Offer void where prohibited by law or otherwise restricted.

 

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These terms are dated November 8, 2019