TERMS AND CONDITIONS

International Shipping:

Knockdown Earbuds are currently only available for customers with a valid US address.  Taxes and fees may apply.

Payment Policy:

We accept the following forms of payment (Taxes and fees may apply):

• Visa
• Mastercard
• American Express
• Discover

RETURN POLICY
Due to the customization of the earcap, all sales are final. If you want to cancel an order, you will have to do so within 24h after purchase. Should you have problems with the comfort or stability of your earcap, you have 14 days to contact Knockdown regarding your fit. We will work with you to ensure that you receive maximum stability and comfort. Should the shape of your ear be impacted after these 14 days (i.e. injury, piercing etc.) Knockdown will not replace earcaps. Should you experience issues with the earbuds that are covered by the limited 6-month Knockdown warranty contact support@knockdown.fit. For information on the 6-month warranty please click here or refer to the user manual in the packaging.

DEFECTIVE PRODUCTS
Limited Warranty

Knockdown Ear Lab LLC (“Knockdown”) warrants your product against defects in materials and workmanship when purchased directly from Bose or a Bose authorized reseller. This warranty is extended only to the original end-use purchaser or the person receiving the product as a gift and shall not be extended to any other person or transferee. The warranty is valid from the date of retail purchase for a period of 6 months year.  In the case of a covered warranty defect, Knockdown will at its option: (A) repair the product using new or refurbished parts; (B) replace the product with an equivalent new or refurbished product; or (C) provide a partial or full refund of the original purchase price to you in exchange for return of the product.

This warranty does not cover defects or damage arising from improper use or maintenance, normal wear and tear, commercial use, accident, or external causes. Unauthorized repair, modification or customization of your product voids this warranty.

For warranty service on covered defects during the warranty period, contact Knockdown at support@knockdown.fit.

Before providing warranty service, Knockdown may require you to provide proof of purchase details, including but not limited to a receipt or sales invoice.

This limited warranty gives you specific rights that are in addition to other rights you may have under applicable laws, including your rights against the person who sold the Knockdown product to you. TO THE EXTENT PERMITTED BY LAW, HOWEVER, THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY BOSE. BOSE DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT), AND KNOCKDOWN’S LIABILITY SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE.

NON-DEFECTIVE MERCHANDISE
Knockdown Earbuds sales are final sale. No refunds will be given on Knockdown orders 24 hours after sale.

Knockdown LLC Terms of Use
These Terms of Use (“Terms”) are a legal agreement between you and Knockdown LLC and govern your use of this Website either as a visitor, content contributor, or as a registered user. Use of, posting of information to, and access to this Website are subject to your compliance with these Terms, so please read them carefully before using this Website. Knockdown LLC reserves the right to limit or terminate your access to this Website or terminate or suspend your registration for failure to comply with the terms and policies posted on this Website, including these Terms, or for any reason at any time.
BY ACCESSING AND USING THIS WEBSITE 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 THIS WEBSITE IN ANY MANNER.

Modifications to these terms
Knockdown LLC 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 this Website, following the posting of any changes, will signify your acceptance of those changes.

Changes to this website
In an effort to continually improve this Website and its usefulness to you, we may add additional services or make changes to existing services. In the event that Knockdown LLC 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 this Website, you will be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, 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 Knockdown LLC 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 Knockdown LLC or any other user of or visitor to this Website due to the use of your Knockdown password, or account by another person.
You may not use anyone else’s Knockdown password, or account at any time without the express permission and consent of the holder of that Knockdown password, or account. Knockdown LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KNOCKDOWN LLC (OR KNOCKDOWN LLC’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 KNOCKDOWN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, REMOVAL OR TERMINATION OF THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THIS WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL KNOCKDOWN LLC’S AND ITS SUPPLIERS’ CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO JERRY HARVEY AUDIO DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS. Some jurisdictions, such as New Jersey, do not allow these limitations, so the above limitations do not apply in New Jersey and may not apply in your jurisdiction.

Indemnification
You shall indemnify, defend, and hold harmless Knockdown LLC, 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 wrongful acts or omissions arising out of your use of this Website. Knockdown LLC 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. The foregoing indemnification provision shall not apply to the extent that any claims, demands, damages, costs, or liabilities, are the result of Knockdown LLC’s own negligence, fraud, willful injury or willful violation of law.

Disclosure of use
Knockdown LLC may disclose any information we have about you (including your identity), any transmittals or communications by you, and your use of this Website or any services made available on this Website 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 this Website, (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 Knockdown LLC, its employees, and visitors to or users of this Website, including Knockdown LLC’s customers, and the public.
Knockdown LLC reserves the right at all times to disclose any information that Knockdown LLC deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Knockdown LLC may also disclose your information when Knockdown LLC 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 Knockdown LLC may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website 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 Website, 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 Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
In the event this agreement is terminated, the restrictions regarding Content or materials appearing on the Website, 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 Website or any services that may be provided by Knockdown LLC, your sole remedy is to terminate this agreement.
If Knockdown LLC does take any legal action against you as a result of your violation of these Terms of Use, and is the prevailing party in such legal action, Knockdown LLC 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 Knockdown LLC. You agree that Knockdown LLC will not be liable to you or to any third party for termination of your access to the Website.

Governing law/Jurisdiction
These Terms and your use of this Website will be governed by the laws of the United States and by the laws of the State of Texas, without regard to conflicts of law provisions; all claims and actions must be brought in the appropriate state or federal court located in Collin County, Texas; 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
Knockdown LLC 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 Knockdown LLC to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and Knockdown LLC regarding this subject matter, and they govern your use of this Website. The failure of Knockdown LLC to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, the parties nevertheless agree that the parties’ intentions as reflected in the provision and the other provisions of these Terms shall remain in full force and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, except in New Jersey, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or case of action arose or be forever barred.

PRIVACY POLICY

Effective January 10, 2020. Last Revised January 10, 2020

We want you to understand how and why Knockdown Ear Labs (“Knockdown,” “we” or “us”) collects, uses, and shares information about you when you use our websites, mobile apps, widgets, and other online products and services (collectively, the “Services”) or when you otherwise interact with us or receive a communication from us.

What We CollectInformation You Provide to Us

We collect information you provide to us directly when you use the Services. This includes:

Account information. To create an account, you must provide a username and password. Your username is public, and it doesn’t have to be related to your real name. You may also provide an email address. We also store your user account preferences and settings.

Content you submit. We collect the content you submit to the Services. This includes your posts and comments including saved drafts, your messages with other users (e.g., private messages, chats, and modmail), and your reports and other communications with moderators and with us. Your content may include text, links, images, gifs, and videos.

Actions you take. We collect information about the actions you take when using the Services. This includes your interactions with content, like voting, saving, hiding, and reporting. It also includes your interactions with other users, such as following, friending, and blocking. We collect your interactions with communities, like your subscriptions or moderator status.

Transactional information. If you purchase products or services from us, we will collect certain information from you, including your name, address, email address, and information about the product or service you are purchasing. Payments are processed by third-party payment processors (e.g., Stripe and PayPal), so please refer to the applicable processor’s terms and privacy policy for more information about how payment information is processed and stored.

Other information. You may choose to provide other information directly to us. For example, we may collect information when you fill out a form, participate in Knockdown-sponsored activities or promotions, apply for a job, request customer support or otherwise communicate with us.

Information We Collect Automatically

When you access or use our Services, we may also automatically collect information about you. This includes:

Log and usage data. We may log information when you access and use the Services. This may include your IP address, user-agent string, browser type, operating system, referral URLs, device information (e.g., device IDs), pages visited, links clicked, the requested URL, hardware settings, and search terms. Except for the IP address used to create your account, Knockdown will delete any IP addresses collected after 100 days.

Information collected from cookies and similar technologies. We may receive information from cookies, which are pieces of data your browser stores and sends back to us when making requests, and similar technologies. We use this information to improve your experience, understand user activity, personalize content and advertisements, and improve the quality of our Services. For example, we store and retrieve information about your preferred language and other settings. For more information on how you can disable cookies, please see “Your Choices” below.

Location information. We may receive and process information about your location. For example, with your consent, we may collect information about the specific location of your mobile device (for example, by using GPS or Bluetooth). We may also receive location information from you when you choose to share such information on our Services, including by associating your content with a location, or we may derive your approximate location from other information about you, including your IP address.

Information Collected from Other Sources

We may receive information about you from other sources, including from other users and third parties, and combine that information with the other information we have about you. For example, we may receive demographic or interest information about you from third parties, including advertisers, and combine it with our own data using a common account identifier such as a hash of an email address or a mobile-device ID. You can control how we use this information to personalize the Services for you by adjusting your preferences here.

Linked services. If you authorize or link other services (e.g., third-party apps or websites) to access your Knockdown account, Knockdown receives information about your use of that service when it uses that authorization. Linking services may also cause the other service to send us information about your account with that service. To learn how information is shared with linked services, see “How Information About You Is Shared” below.

How We Use Information About You

We use information about you to:

• Provide, maintain, and improve the Services;
• Research and develop new services;
• Help protect the safety of Knockdown and our users, which includes blocking suspected spammers, addressing abuse, and enforcing the Knockdown user agreement and our other policies;
• Send you technical notices, updates, security alerts, invoices and other support and administrative messages;
• Provide customer service;
• Communicate with you about products, services, offers, promotions, and events, and provide other news and information we think will be of interest to you (for information about how to opt out of these communications, see “Your Choices” below);
• Monitor and analyze trends, usage, and activities in connection with our Services; and
• Personalize the Services and provide advertisements, content and features that match user profiles or interests. (for information about how to manage the types of advertisements you experience on our Services, see “Your Choices” below)

How Information About You Is Shared

When you use the Services, certain information may be shared with other users and the public. For example:

• When you submit content (such as a post or comment or public chat) to the Services, any visitors to and users of our Services will be able to see that content, the username associated with the content, and the date and time you originally submitted the content. Knockdown allows other websites to embed public Knockdown content via our embed tools. Knockdown also allows third parties to access public Knockdown content via the Knockdown API and via other similar technologies. Although some parts of the Services may be private or quarantined, they may become public (e.g., at the moderator’s option in the case of private communities) and you should take that into consideration before posting to the Services.

• We offer social sharing features that let you share content or actions you take on our Services with other media. Your use of these features enables the sharing of certain information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these social sharing features (e.g., Tumblr, Facebook, and Twitter).

Please note that, even when you delete your account, the posts, comments and messages you submit through the Services may still be viewable or available on our servers. For more information, see “Your Choices” below.

Otherwise, we do not share, sell, or give away your personal information to third parties unless one of the following circumstances applies:

• With linked services. If you link your Knockdown account with a third-party service, Knockdown will share the information you authorize with that third-party service. You can control this sharing as described in “Your Choices” below.

• With our partners. We may share information with vendors, consultants, and other service providers (but not with advertisers and ad partners) who need access to such information to carry out work for us. The partner’s use of personal data will be subject to appropriate confidentiality and security measures.

• To comply with the law. We may share information in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, legal process or governmental request, including, but not limited to, meeting national security or law enforcement requirements. To the extent the law allows it, we will attempt to provide you with prior notice before disclosing your information in response to such a request.

• In an emergency. We may share information if we believe it’s necessary to prevent imminent and serious bodily harm to a person.

• To enforce our policies and rights. We may share information if we believe your actions are inconsistent with our user agreements, rules, or other Knockdown policies, or to protect the rights, property, and safety of ourselves and others.

• With our affiliates. We may share information between and among Knockdown, and any of our parents, affiliates, subsidiaries, and other companies under common control and ownership.

• With your consent. We may share information about you with your consent or at your direction.

• Aggregated or de-identified information. We may share information about you that has been aggregated or anonymized such that it cannot reasonably be used to identify you. For example, we may show the total number of times a post has been upvoted without identifying who the visitors were.

Ads and Analytics Partners

We may partner with third-party advertisers, ad networks, and analytics providers to deliver advertising and content targeted to your interests and to better understand your use of the Services. These third parties may collect information sent by your computer, browser, or mobile device in response to a request for content, such as unique identifiers, your IP address, or other information about your computer or device. For example:

Advertisers and Ad Networks

Our ad partners and ad networks may use cookies and related technologies to collect information when ads are delivered to you on our Services, but Knockdown does not link to or provide them with your actual Knockdown account details. This means that Knockdown does not share your individual account browsing habits with advertisers. Knockdown cannot see advertisers’ cookies and advertisers will not see Knockdown cookies.

Analytics Partners

We use analytics partners (such as Google Analytics) to help analyze usage and traffic for our Services. As an example, we may use analytics partners to analyze and measure, in the aggregate, the number of unique visitors to our Services.

Your Choices

As a Knockdown user, you have choices about how to protect and limit the collection, use, and disclosure of information about you.

Accessing and Changing Your Information

You can access and change certain information through the Services. See our Help Center page for more information. You can also request a copy of the personal information Knockdown maintains about you by following the process described here.

Deleting Your Account

You may delete your account information at any time from the user preferences page. You can also submit a request to delete the personal information Knockdown maintains about you by following the process described in the “Other Information – Data Subject and Consumer Information Requests” section below. When you delete your account, your profile is no longer visible to other users and disassociated from content you posted under that account. Please note, however, that the posts, comments, and messages you submitted prior to deleting your account will still be visible to others unless you first delete the specific content. We may also retain certain information about you as required by law or for legitimate business purposes after you delete your account.

Controlling Linked Services’ Access to Your Account

You can review the services you have linked to your account and revoke access to individual services here.

Controlling the Use of Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject first- and third-party cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

Controlling Advertising and Analytics

Some analytics providers we partner with may provide specific opt-out mechanisms and we may provide, as needed and as available, additional tools and third-party services that allow you to better understand cookies and how you can opt-out. For example, you may manage the use and collection of certain information by Google Analytics here.

We also offer you choices about receiving personalized advertisements. You can adjust how we personalize advertisements for you by visiting your ads preferences here. You may also generally opt out of receiving personalized advertisements from certain third-party advertisers and ad networks. To learn more about these advertisements or to opt out, please visit the websites of the Digital Advertising Alliance and the Network Advertising Initiative, or if you are a user in the European Economic Area, Your Online Choices.

Do Not Track

Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a website should respond to this signal, and we do not take any action in response to this signal. Instead, in addition to publicly available third-party tools, we offer you the choices described in this policy to manage the collection and use of information about you.

Controlling Promotional Communications

You may opt out of receiving some or all categories of promotional communications from us by following the instructions in those communications or by updating your email options in your account preferences here. If you opt out of promotional communications, we may still send you non-promotional communications, such as information about your account or your use of the Services.

Controlling Mobile Notifications

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

Controlling Location Information

If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device.

Other InformationInformation Security

We take measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. For example, we use HTTPS while information is being transmitted. We also enforce technical and administrative access controls to limit which of our employees have access to non-public personal information.

You can help maintain the security of your account by configuring two-factor authentication.

Data Retention

We store the information we collect for as long as it is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.

International Data Transfers

We are based in the United States and we process and store information on servers located in the United States. We may store information on servers and equipment in other countries depending on a variety of factors, including the locations of our users and service providers. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights as you do under local law.

In connection with Knockdown’s processing of personal data received from the European Union and Switzerland, we adhere to the EU-U.S. and Swiss-U.S. Privacy Shield Program (“Privacy Shield”) and comply with its framework and principles.

Please direct any inquiries or complaints regarding our compliance with the Privacy Shield principles to the point of contact listed in the “Contact Us” section below. If we do not resolve your complaint, you may submit your complaint free of charge to JAMS. Under certain conditions specified by the Privacy Shield principles, you may also be able to invoke binding arbitration to resolve your complaint. We are subject to the investigatory and enforcement powers of the Federal Trade Commission. If we share EU or Swiss data with a third-party service provider that processes the data solely on our behalf, then we will be liable for that third party’s processing of EU or Swiss data in violation of the Privacy Shield principles, unless we can prove that we are not responsible for the event giving rise to the damage.

For more information about the Privacy Shield principles and to view our certification, please visit the U.S. Department of Commerce’s Privacy Shield website.

Additional Information for EEA Users

Users in the European Economic Area have the right to request access to, rectification of, or erasure of their personal data; to data portability in certain circumstances; to request restriction of processing; to object to processing; and to withdraw consent for processing where they have previously provided consent. These rights can be exercised using the information provided under “Your Choices” above or as described in the “Other Information – Data Subject and Consumer Information Requests” section below. EEA users also have the right to lodge a complaint with their local supervisory authority.

As required by applicable law, we collect and process information about individuals in the EEA only where we have legal bases for doing so. Our legal bases depend on the Services you use and how you use them. We process your information on the following legal bases:

• You have consented for us to do so for a specific purpose;

• We need to process the information to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;

• It satisfies a legitimate interest (which is not overridden by your data protection interests), such as preventing fraud, ensuring network and information security, enforcing our rules and policies, protecting our legal rights and interests, research and development, and marketing and promoting the Services;

• We need to process your information to comply with our legal obligations.

Data Subject and Consumer Information Requests

Requests for a copy of the information Knockdown has about your account—including EU General Data Protection Regulation (GDPR) data subject access requests and California Consumer Privacy Act (CCPA) consumer information requests—can be submitted following the process described here.

All other data subject and consumer requests under data protection laws should be sent via email to knockdowndatarequests@knockdown.fit from the email address that you have verified with your Knockdown account.

Before we process a request from you about your personal information, we need to verify the request via your access to your Knockdown account or to a verified email address associated with your Knockdown account. You may also designate an authorized agent to exercise these rights on your behalf. Knockdown does not discriminate against users for exercising their rights under data protection laws to make requests regarding their personal information.

Children

Children under the age of 13 are not allowed to create an account or otherwise use the Services. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have obtained verifiable consent from your parent or legal guardian.

Changes to This Policy

We may change this Privacy Policy from time to time. If we do, we will let you know by revising the date at the top of the policy. If we make a change to this policy that, in our sole discretion, is material, we will provide you with additional notice (such as adding a statement to announcements, the front page of the Services or sending you a notification). We encourage you to review the Privacy Policy whenever you access or use our Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy. By continuing to use our Services after Privacy Policy changes go into effect, you agree to be bound by the revised policy.

Contact Us

To send a GDPR data subject request or CCPA consumer request, follow the steps in the “Other Information – Data Subject and Consumer Information Requests” section above.

If you have other questions about this Privacy Policy, please contact us at hello@knockdown.fit or at:

Knockdown, LLC

5504 Centeridge LN

McKinney, Texas  75071