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Terms and Conditions of Sale

PLEASE CAREFULLY READ THESE TERMS OF USE AND TERMS AND CONDITIONS OF SALE (collectively with any amendments hereto, "TERMS AND CONDITIONS"). BY USING THIS WEB SITE OR ANY WEB SITE OF JANUS DEVELOPMENT GROUP, INC AND/OR PLACING AN ORDER FOR JANUS DEVELOPMENT GROUP, INC’S, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR JANUS DEVELOPMENT GROUP’S PRODUCTS AND SERVICES.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE OR JANUS DEVELOPMENT GROUP’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE JANUS DEVELOPMENT GROUP’S PRODUCTS OR SERVICES.

Welcome to the Web site of Janus Development Group, Inc., and its related sites, including, but not limited to, myspeechdevice.com, speecheasy.com, gorillaears.com, fluencycoach.com, speechcoachdevice.com and janusdevelopmentgroup.com, among others (the "Site") (collectively with Janus Development Group, Inc., and its wholly owned business units, including Gorilla Ears® , SpeechEasy®, mySpeech®, SpeechCoach®, and FluencyCoach®, are referred to herein as "Janus Development Group" or "us" or "we"). These Terms and Conditions govern and apply to your ("you" or "your") access to and use of this Site and its related domains on which this document appears, any order you place through any of the Janus Development Group Web sites, and–as applicable–your use of other products or services of Janus Development Group. You must read these Terms and Conditions carefully before placing an order, or using the Site. By using the Site, and/or placing an order through the Site, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through or otherwise use the Site. The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site and/or other products or services of Janus Development Group after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to, and use of, the Site, any order you place through any of the Janus Development Group Web sites, and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with Janus Development Group for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site.

User Conduct

You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site. You may not without our prior written consent:

  • copy, reproduce, use, or otherwise deal with any content on the Site;
  • modify, distribute, or re-post any content on the Site for any purpose; or
  • use the content of the Site for any commercial exploitation whatsoever.


    In using the Site, you further agree:

  • not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
  • not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
  • not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
  • not to use, frame, or utilize framing techniques to enclose any Janus Development Group trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Janus Development Group’s express written consent;
  • not to use meta tags or any other "hidden text" utilizing a Janus Development Group name, trademark, or product name without Janus Development Group's express written consent;
  • not to deeplink to this Site without Janus Development Group's express written consent;
  • not to create or use a false identity on this Site, share your account information, or allow any person besides yourself to use your account to access the Site;
  • not to collect or store personal data about others;
  • not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
  •  

Changes to the Site

Janus Development Group may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Janus Development Group shall not be liable therefore.

Copyright and Trademarks

All Site materials, including, without limitation, Janus Development Group, and all Janus Development Group product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © 2012 Janus Development Group, LLC/Janus Development Group, LLC. ALL RIGHTS RESERVED. Janus Development Group or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Janus Development Group or the respective copyright owner. You may not, without the express written permission of Janus Development Group or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Janus Development Group or any third party.

Indemnification

You agree to indemnify and hold harmless Janus Development Group, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.

Product and Service Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:

  • orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
  • all prices are displayed in United States Dollars unless expressly indicated otherwise;
  • packaging may vary from that shown on the Site;
  • any weights, dimensions, and capacities shown on the Site are approximate only; and
  • all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

 

Order and Payment Information

If you use the Site or other means to purchase a product, payment must be received by Janus Development Group prior to Janus Development Group 's acceptance of an order, unless otherwise agreed by Janus Development Group. Janus Development Group may need to verify information you provide before Janus Development Group accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Janus Development Group will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Janus Development Group expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Janus Development Group is registered to you. Janus Development Group shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Janus Development Group, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

Janus Development Group may reject orders where the stated delivery address is outside the United States and Canada. Janus Development Group will add applicable shipping and handling.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms and Conditions.

Other important terms

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order.

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.