Terms of Use

Last Updated Date: April 28, 2026

These Terms of Use and any terms expressly incorporated herein (these “Terms”) apply to your access to, or use of, any services made available by Earflo, Inc, together with its subsidiaries and affiliates (“Earflo”, “we”, “us” or “our”), including without limitation, our website located at https://www.earflocare.com/ (the “Site”) and any of our related products, services and content (collectively, the “Services”). For the purposes of these Terms, the terms “you”, “your”, and “yourself” means you as the user of the Services.

These Terms form a legally binding agreement between you and Earflo. Please take the time to read these terms carefully. “These Terms should be read in conjunction with Earflo’s Privacy Policy (our “Privacy Policy”) and, where applicable, our End User License Agreement (EULA) governing use of our mobile application. These documents form part of, and are incorporated into, these Terms.” These Terms form a legally binding agreement between you and us. By ACCESSING, USING, OR INTERACTING THE SERVICES, BY PURCHASING ANY PRODUCTS AVAILABLE VIA THE SERVICES, OR OTHERWISE INDICATING ACCEPTANCE TO THESE TERMS WHENEVER THE OPTION IS PRESENTED TO YOU, you are CONFIRMING THAT YOU CAN FORM A LEGALLY BINDING CONTRACT WITH US, AND YOU ARE agreeing to COMPLY WITH these Terms. You understand and agree that we will treat your access or use of the Services as acceptance of these Terms from that point onwards. If you do not agree with these terms, please do not access or use the Services.

ARBITRATION NOTICE:  THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND EARFLO AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND EARFLO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Changes to these Terms

Earflo retains the exclusive right, in its sole discretion, to make changes to these Terms, from time to time. Your continued access to and use of the Services constitutes your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments thereto) each time you access or use the Services. Therefore, we encourage you to review these Terms regularly.

2. Our Services and Eligibility

Earflo is a medical device company with the intent to provide non-invasive solutions to childhood ear disease. You may use the Services to make purchases only if you are 18 years or older and capable of forming a binding contract with Earflo. If you are not yet 18 years old, you may not use our Services. You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who access the Services through your Internet connection comply with these Terms.

3. Medical Disclaimer

The products available through the Services are regulated medical devices intended to be used in accordance with their cleared indications for use, labeling, and instructions for use.

The Services and any Content provided do not constitute medical advice and are not intended to replace consultation with a qualified healthcare professional. Users should consult a licensed healthcare professional for diagnosis and treatment of medical conditions and to determine whether a product is appropriate for their specific circumstances.

4. Payments

When you make a purchase through our Services, you authorize Earflo or its third-party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees, and any applicable taxes and other charges are payable in your selected currency at checkout. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third-party payment processor, that processor’s terms and conditions apply to your payment transaction.

5. Returns and Warranty

Earflo does not accept returns or provide refunds for change of mind.

If you believe a product is defective or does not meet applicable quality standards, you may be entitled to a remedy under Earflo’s Warranty Policy or applicable consumer protection laws. In such cases, please contact us at help@earflocare.com for assistance.

Nothing in these Terms excludes, restricts, or modifies any rights you may have under applicable consumer protection laws, including any guarantees that cannot be excluded by law.

6. Cancellation Policy

Earflo may, without liability or penalty, cancel any purchase of a product placed through the Services, if Earflo discontinues its sale of such purchased product, does not have the purchased product available to fulfill the order, or determines that you are otherwise in breach of these Terms. For any product purchase cancelled by Earflo pursuant to this Section 6, Earflo shall refund any payment submitted in connection with such cancelled product purchase.

7. Shipping Policy

We strive to ensure that all products purchased through our Services are processed and shipped in a timely manner. However, we cannot guarantee specific delivery times or dates. By placing an order, you acknowledge that shipping times may vary due to factors beyond our control, including but not limited to, carrier delays, customs processing, inclement weather, or other unforeseen circumstances. We are not responsible for any delays, losses, or damages that occur during the shipping process once the product has been handed over to the carrier. Any issues related to shipping, including lost or delayed packages, must be addressed directly with the shipping carrier. If you experience significant delays or problems with your shipment, please contact us, and we will do our best to assist you, but we make no guarantees regarding outcomes. Unless otherwise expressly agreed to by the parties in writing (including for example, if expressly stated on Earflo’s Website), you shall pay for the shipping costs for any purchased products.

8. No Resale

You expressly acknowledge and agree that you are purchasing products for your own account and not for resale, transfer, re-allocation, or assignment to any third party, all of which is expressly prohibited except with the prior express written consent of Earflo.

9. Earflo’s Website

Our Website, including the text, Content (as defined below), graphics, images, photographs, videos, illustrations, information, data, software, and other materials contained therein (and the selection, arrangement and presentation thereof) as well as all Earflo trademarks and copyrights (worldwide, whether or not registered), internet domain names and URLs, and trade secrets, are the sole and exclusive property of Earflo and, as the case may be, its licensors. You do not and shall not acquire any ownership interest in any of Earflo’s intellectual property rights under these Terms.

10. Content

10.1 Our Content. All of the content that appears on the Services, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Earflo (the “Content”). Earflo either owns or has a license to all such Content. Subject to your compliance with these Terms, Earflo grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

10.1.1 Content Disclaimer. The Content provided on the Services is for informational purposes only. While we strive to provide accurate and up-to-date information, we make no warranties or representations regarding the accuracy, completeness, or reliability of any Content on Services.  The content on the Services is not intended to provide medical, professional, or other advice, and should not be relied upon as such. The information presented does not constitute recommendations or endorsements for any specific products, services, or uses. By using the Services, you acknowledge that any reliance on the Content provided is at your own risk. We recommend consulting with a licensed healthcare professional or other qualified expert before making any decisions based on the information found on the Services.

10.2 User Content. (a) For the purposes of these Terms, “User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).

(b) By making any User Content available through the Services, you hereby grant to Earflo a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Services and Earflo’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising, and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter devised). You understand that Earflo is not obligated to utilize any of the rights granted in these Terms and Earflo does not guarantee any confidentiality with respect to any User Content you submit or upload.

(c) Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral” rights or claim resulting from Earflo’s alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint Earflo as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Earflo can use the User Content that you are licensing in any way Earflo sees fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.

(d) You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant Earflo the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Earflo on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(e) Earflo is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

10.3 Feedback. We welcome feedback, comments, and reviews of the products you purchase through Earflo, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us or by reviewing a particular product. You grant to Earflo a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

10.4 Earflo Tagged Media. You may share photos and videos on social media using Earflo’s brand hashtags or tagging the relevant Earflo social media account (“Tagged Media”). You acknowledge and agree that the Tagged Media may be used by Earflo for its own lawful purposes, and you hereby grant Earflo permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.

10.5 Copyright Policy. (a) Earflo honors copyright laws, including the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”). Earflo therefore takes reasonable steps to expeditiously remove from the Services any infringing material of which Earflo becomes aware. If Earflo becomes aware that one of its users has repeatedly infringed copyrights, Earflo will take reasonable steps, within its power, to terminate the user’s use of the Services.

(b) Earflo makes it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please email: help@earflocare.com

(c) If you file a notice with Earflo’s designated agent, the notice must comply with the requirements set forth at 17 U.S.C. § 512(c)(3) (or any successor statute thereto). That means that such notice must:

1. Contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2. Identify the copyrighted work claimed to have been infringed;
3. Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
4. Provide your contact information, including your address, telephone number, and an email address;
5. Provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. Provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

11. Electronic Communications

When you visit our Services, purchase products from us, sign up for electronic communications from us, or send e-mails, text messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways such as e-mail, text or by posting notices and messages on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

12. Acceptable Use

(a) You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services to:

1. Post, upload, publish, submit, or transmit any User Content that: (A) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (B) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (C) is fraudulent, false, misleading or deceptive; (D) is defamatory, obscene, pornographic, vulgar or offensive; (E) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (F) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (G) promotes illegal or harmful activities or substances.
2. Use, display, mirror, or frame the Services, or any individual element within the Services, Earflo’s name, any Earflo trademark, logo, or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
3. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Earflo or other generally available third-party web browsers;
4. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
5. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
6. Attempt to interfere in any way with the Services or Earflo’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
7. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
8. Impersonate or misrepresent your affiliation with any person or entity;
9. Violate any applicable law or regulation; or
10. Encourage or enable any other third party or individual to do anything listed above.

(b) Although Earflo is not obligated to monitor access to or use of the Services or User Content or to review or edit any User Content, Earflo has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. Earflo reserves the right, but is not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at its sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. Earflo may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

13. Reliance of Information Posted

While we make every effort to reduce errors on our Services, from time-to-time typographical errors, inaccuracies, or omissions relating to, but not limited to, descriptions of products, pricing and availability may occur. In these instances, Earflo shall have the right to terminate any product orders involving pricing errors or inaccuracies. Earflo apologizes for any inconveniences. We do not warrant the accuracy, completeness, or usefulness of the information found on our Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice.

14. Termination

These Terms are applicable to you upon your accessing the Services and/or purchasing one of Earflo’s products. These Terms, or any of them, may be terminated by Earflo without notice at any time for any reason. All parts of these Terms which, by their nature, should survive the expiration or termination of the applicability of these Terms to our relationship shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms or your use of the Services.

15. Security

While Earflo works to protect the security of our Services, Earflo cannot guarantee that unauthorized third-parties will not be able to defeat the security measures of the Services. If you choose, or are provided with any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify Earflo immediately of any breach of security of the Services of which you become aware.

16. Privacy Policy

Please refer to the Earflo Privacy Policy, as updated from time to time, located at: earflocare.com/privacy or such other URL as we may provide, from time to time, for information about how Earflo collects, uses, and shares your information. By using and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

17. Third-Party Links

From time to time, the Services may contain links to web sites that are not owned, operated, or controlled by Earflo. All such links are provided solely as a convenience to you. If you use these links, you will leave the Services. Neither Earflo nor any of its respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither Earflo nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Services, you do so entirely at your own risk.

18. Indemnity

You agree to indemnify and hold Earflo (and our affiliates, subsidiaries, successors, assigns, and our and their equityholders, managers, directors, officers, employees, and agents) harmless from any claim or demand, as well as losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from, arising out of, or in connection with (i) any violation of these Terms or your use of the Services (including negligent or wrongful conduct) or (ii) your use of, or activities taken, in connection with the products purchase through our Services. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement, and you agree to fully cooperate with us in doing so.

19. Disclaimer

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, EARFLO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

20. Limitation of Liability

(a) NEITHER EARFLO, OUR LICENSORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, AND OUR AND THEIR EQUITYHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS, SERVICES, OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EARFLO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(b) IN NO EVENT WILL EARFLO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE ANY PURCHASED PRODUCTS, THE SERVICES, OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO EARFLO FOR THE PURCHASE OF ITS PRODUCTS, USE OF THE SERVICES, OR CONTENT OR, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO EARFLO, AS APPLICABLE, ONE HUNDRED DOLLARS ($100).

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EARFLO AND YOU.

21. Arbitration, Class-Action Waiver, and Jury Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms became applicable or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the expiration or other termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. By agreeing to these Terms, you agree to resolve any and all disputes with Earflo as follows:

21.1 Initial Dispute Resolution. Most disputes can be resolved without resorting to litigation. You can reach the Earflo support department at help@earflocare.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

21.2 Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms’ or the Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration, as described below.

(a) Where the relief sought is ten thousand dollars ($10,000), or less, and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the FairClaims website. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

(b) Where the relief sought is $10,001, or more, resolution shall be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To start an arbitration with JAMS, you must do the following:  (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to

Earflo Inc.
203 Lothrop St, Ste 500,
Pittsburgh, PA 15213 USA, ATTN: Legal

You will be required to pay $250.00 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, we will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

(c) The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of agreement under these Terms or the Privacy Policy, including, but not limited to, any claim that all or any part of these Terms or the Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

(d) The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

(e) If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. The parties further agree to submit to the personal jurisdiction of any federal or state court in California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

21.3 Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

21.4 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in State or federal court or in the U.S. Patent and Trademark Office to protect our Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

21.5 30-Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending a written notice of your decision to opt-out to help@earflocare.com  with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. The notice must be sent within thirty (30) days your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.

21.6 Changes to this Section. (a) Earflo will provide at least thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver Section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services.

(b) Changes to this Section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver”, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

21.7 Arbitration Agreement Survival. This arbitration agreement shall survive the termination of your relationship with Earflo.

22. Contact Us

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: help@earflocare.com.

23. Miscellaneous

23.1 Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, shall be governed by and construed and enforced in accordance with the laws of State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of Earflo’s intellectual property rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in, California will have exclusive jurisdiction. You waive any objection to venue in any such courts.

23.2 No Conflicts. These Terms shall govern and any conflicting, inconsistent, or additional terms contained in such documents shall be null and void.

23.3 Assignment. These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, Earflo may assign, transfer, and delegate this agreement (these Terms) and its obligations hereunder at any time, in its sole discretion.

23.4 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms shall be unimpaired and these Terms shall continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable would substantially impair the benefits of the remaining provisions hereof.

23.5 Waiver. The failure of either party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving party.

23.6 Force Majeure. Earflo will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder (including the temporary unavailability or inaccessibility of the Services) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic, pandemic or other public health emergency; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond Earflo’s reasonable control and without its fault or negligence.

23.7 No Third-Party Beneficiaries. These Terms are personal to you and to Earflo, and no third-party shall be considered a beneficiary hereof, for any purpose.

23.8 No Agency or Employment. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.

23.9 Equitable Relief. You acknowledge and agree that your breach of these Terms would cause irreparable harm to Earflo, for which money damages alone would be inadequate. In addition to damages and any other remedies to which Earflo may be entitled, you acknowledge and agree that Earflo may seek and shall be entitled to injunctive relief hereunder to prevent the actual, threatened or continued breach of these Terms.

23.10 Entire Agreement; Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with Earflo, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.