Terms and Conditions of Use

Agreement between User and Direct Sound, LLC websites

Welcome to DirectSoundProAudio.com  . The www.DirectSoundProAudio.com and,  www.ExtremeHeadphones.  websites (the "Sites") are comprised of various web pages operated by Direct Sound, LLC ("Direct Sound"). The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Sites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.DirectSoundProAudio.com and www.ExtremeHeadphones. are an E-Commerce Site.

 

Direct Sound designs, manufactures, and markets passive isolation headphones, microphones, and audio accessories through the Sites, directly, distributors, and authorized resellers.

 

Privacy

Your use of the Sites are subject to Direct Sound's Privacy Policy. Please review our Privacy Policy, which also governs the Sites and informs users of our data collection practices.

 

Electronic Communications

Visiting www.DirectSoundProAudio.com  or  www.ExtremeHeadphones.  or sending emails to Direct Sound 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 Sites, satisfy any legal requirement that such communications be in writing.

 

Children Under Thirteen

Direct Sound 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.ExtremeHeadphones. only with the permission of a parent or guardian.

 

Cancellation/Refund Policy

Direct Sound is committed to 100% customer satisfaction! Direct Sound offers a 30-day return policy on all items purchased exclusively from Direct Sound. If you are not completely satisfied with your purchase, you may ship your item back. To approve a return please contact us through email at CustomerSupport@extremeheadphones.com or our website https://DirectSoundProAudio.com/contact. Include your order number, purchaser's name, contact number, and reason for return.

 

Repair, Replace, Refund Process

Any returned item must be in its original condition. Once your return is received and inspected, we will notify you of approval or rejection of your refund, repair, or replacement. Repairs or replacements will be processed in 3-5 days. Approved refunds will be processed, and a credit will be applied to your original method of payment. Please allow up to 14 days for a refund to be processed.

 

Links to Third Party Sites/Third Party Services

The Sites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Direct Sound and Direct Sound 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. Direct Sound is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Direct Sound of the site or any association with its operators.

 

Certain services made available via www.DirectSoundProAudio.com  and  www.ExtremeHeadphones.  are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.DirectSoundProAudio.com  or www.ExtremeHeadphones.  domains, the buyer hereby acknowledges and consents that Direct Sound may share such information and data with any third party with whom Direct Sound has a contractual relationship to provide the requested product, service, or functionality on behalf of www.DirectSoundProAudio.com  or www.ExtremeHeadphones. users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

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

 

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 Sites, is the property of Direct Sound 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 Sites. Direct Sound content is not for resale. Your use of the Sites 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 Direct Sound 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 Direct Sound or our licensors except as expressly authorized by these Terms.

 

Third-Party Accounts

You will be able to connect your Direct Sound account to third-party accounts. By connecting your Direct Sound account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

The Service is controlled, operated, and administered by Direct Sound 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 Direct Sound Content accessed through the Sites in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Direct Sound, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Sites 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. Direct Sound 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 Direct Sound in asserting any available defenses.

 

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, and to be conducted in the USA, State of Missouri, County of St. Louis. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Direct Sound agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

The information, software, products, and services included in or available through the Sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Direct Sound, LLC and/or its suppliers may make improvements and/or changes to the Sites at any time.

 

Direct Sound, LLC 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 Sites 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. Direct Sound, LLC 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 Direct Sound, LLC 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 Sites, with the delay or inability to use the Sites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, negligence, strict liability or otherwise, even if Direct Sound, LLC 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 Sites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Sites.

 

Termination/Access Restriction

Direct Sound reserves the right, in its sole discretion, to terminate your access to the Sites 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 Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Sites. Use of the Sites 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 Direct Sound as a result of this agreement or use of the Sites. Direct Sound's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Direct Sound's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Direct Sound 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 Direct Sound with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Direct Sound with respect to the Sites. 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 and 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.

 

Changes to Terms

Direct Sound reserves the right, in its sole discretion, to change the Terms under which the Sites are offered. The most current version of the Terms will supersede all previous versions. Direct Sound encourages you to periodically review the Terms to stay informed of our updates.

 

 

Effective as of March 30, 2021