TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS

 

  1. YOUR RIGHTS AND OBLIGATIONS
  2. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 
  3. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 
  4. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
  5. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ESP AMERICA, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
  6. These terms and conditions (these "Terms") apply to the purchase and sale of products through https://espamerica.com (the "Site"). These Terms are subject to change by ESP America, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
  7. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 8).
  8. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between ESP America, LLC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by visiting [LINK TO ESPAMERICA.COM] or email us at info@espamerica.com.
  9. Prices and Payment Terms. 
  10. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
  11. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept credit cards, PayPal®, Google Pay, Shop Pay, checks and cash for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. For payment made by check, you represent and warrant that (i) there are sufficient funds to cover any payment made by check, (ii) you are duly authorized to write such check for the purchase, (iii) the check will be honored by your bank, and (iv) you agree to reimburse us for any fees from checks returned for insufficient funds.
  12. Shipments; Delivery; Title and Risk of Loss. 
  13. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
  14. Title and risk of loss pass to you upon delivery of the products. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  15. LIMITED WARRANTY. 

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 

THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.ESPAMERICA.COM AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE OR FROM AN AUTHORIZED ESP AMERICA DEALER WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE WHEN THE PRODUCTS ARE PURCHASED THROUGH AN AUTHORIZED ESP DEALER OR THROUGH OUR OFFICIAL WEBSITE. 

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR SERVICE AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

  1. Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service. You are responsible for using, storing, and cleaning devices as instructed in the user manual. Failure to follow care guidelines may void this Warranty.

  1. What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Site or from an authorized ESP America dealer, which includes internal electronic malfunctions, faulty switches, microphones or circuitry, and fit issues due to impression accuracy.

  1. What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

  1. transportation;
  2. storage;
  3. improper use;
  4. water/wax exposure beyond normal use;
  5. corrosion from leaking or expanded batteries;
  6. failure to follow the product instructions or to perform any preventive maintenance;
  7. modifications;
  8. combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by ESP America, LLC;
  9. unauthorized repair;
  10. theft or loss; or
  11. external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
  12. What Is the Period of Coverage?

This limited warranty starts on the date of your purchase and lasts for one year the "Warranty Period". The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

  1. Warranty Service. Before submitting a Product for repair, consult the Product Manual, FAQ, or instructional videos. Most issues stem from wax or debris in the sound port. Clean the sound port or replace wax filters as applicable. If issues persist, complete the online Repair Form. Shipping instructions are included with the online Repair Form. To obtain warranty service, you must deliver your device (at your own expense) to the following address:

ESP America, LLC
4790 Caughlin Parkway #516
Reno, Nevada 89519

We are not responsible for damage or loss during transit. We recommend using a tracked and insured shipping method.

  1. Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. What Can You Do in Case of a Dispute with Us?

The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

  1. Service After Warranty Period. After the first year, any service or repair will be performed at a flat rate based on the number of years the device has been owned. Our devices are repairable for up to 10 years from the date of purchase. All repairs conducted after the first year may include a new warranty of varying length depending on the scope of completed repair(s).

Flat Rate Repair Pricing:

  • Ownership less than 1 year: Under Warranty
  • Ownership 1-5 years: $150 per ear
  • Ownership 5-10 years: $300 per ear, or a $40 assessment fee per ear 
  • An assessment fee may be applied toward repair or purchase of a new set with our loyalty discount. We will notify you of your options after the assessment is complete.

Ownership 10+ years: Please contact customer service at 1-303-659-8844.

  1. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
  2. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, [LINK TO PRIVACY POLICY], governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
  3. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the reasonable control of the Impacted Party.
  4. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Nevada.
  5. Dispute Resolution and Binding Arbitration.
  6. YOU AND ESP AMERICA, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  1. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. Notice to Prospective Users of Hearing Protection Devices.
  2. Medical Consultation Recommended. In the interest of consumer health and safety, and in alignment with best practices and applicable federal regulations, we strongly advise all prospective users of hearing protection devices (particularly individuals with any degree of hearing impairment, e.g., any history of hearing loss, tinnitus, or ear-related medical conditions) to undergo a thorough medical evaluation by a licensed physician specializing in ear-related medical conditions prior to the purchase or use of any hearing protection product.

Qualified specialists include, but are not limited to:

  • Otologists
  • Otolaryngologists (ENT specialists)
  • Otorhinolaryngologists
  • Audiologists

These medical professionals possess the training and expertise necessary to diagnose, manage, and treat underlying conditions that may affect hearing acuity or the suitability of hearing protection solutions.

  1. Health and Safety Warning.

WARNING: Exposure to gunfire and other high-decibel noises is medically recognized as hazardous to hearing. While we provide advanced hearing protection products designed to mitigate sound exposure, we do not warrant or guarantee that the use of our Products will prevent further hearing loss.

Several factors beyond our control including genetics, aging, pre-existing hearing damage, and the extent or frequency of exposure to harmful noise levels—can influence the rate of hearing deterioration.

In particular, use of hearing protection in indoor shooting ranges should be approached with heightened caution, as reverberation and cumulative noise levels may exceed safe exposure thresholds despite protective equipment.

  1. Regular Hearing Assessments. We recommend that all users, especially those frequently exposed to high-noise environments, undergo regular audiological testing to monitor hearing thresholds and detect any changes over time.
  2. No Substitute for Medical Advice. The content of this Site and the Products offered by us are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding your hearing health or the appropriateness of hearing protection devices.
  3. Commitment to User Well-Being. Your safety and long-term auditory health are important to us. We are committed to transparency, user education, and encouraging medically informed decisions about hearing protection. For further information or assistance, you are welcome to contact us.
  4. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  5. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ESP America, LLC.
  6. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  7. Notices.
  8. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
  9. To Us. To give us notice under these Terms, you must contact by personal delivery, overnight courier or registered or certified mail to ESP America, LLC, 4790 Caughlin Parkway #516, Reno, Nevada 89519, US. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
  10. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  11. Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.