PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE (WWW.MYE3SHOP.COM) FOR ANY PURPOSE.

By using and navigating our site you consent to information practices outlined in our Privacy Policy and in our Terms and Conditions of Use as set forth below. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

Your use of this site and the information available on this site is subject to the following terms:

Ownership
This site is owned and operated by e3 Diagnostics, Inc.

Territory
This site is intended solely for users located in the United States of America.

Agreement
By using this site and our services, you agree to accept unconditionally our Terms and you unconditionally agree to be bound by these Terms.

Terms and Conditions Updates or Changes
We reserve the right to change the Terms of this agreement or to modify any features of this site at any time. By registering as a member of this site and/or using this site after the posting of notices regarding such changes, you agree to be bound by such changes.

Payment Terms
e3 Diagnostics accepts credit approved purchase orders, Visa, MasterCard and American Express for online orders.

Sales Tax
Sales tax is collected for shipments as required by law.

If you are tax exempt, please write “Tax Exempt” in the notes section of your order and send us a copy of your tax exemption certificate for our files. Please e-mail the Tax Exemption Certificate to supplies@e3diagnostics.com or fax it to 847-459-7646.

All tax-exempt sales will be held in a pending status until an exemption certificate is received or verified as being on file.

Purchase Orders
1. All orders are subject to credit department approval.
2. Terms of sale upon approval of credit are Net 30 days. Any variation from our published terms must be authorized in writing by e3 Diagnostics to be honored.
3. All new accounts and current accounts requesting changes in credit status will be required to supply an updated credit application and trade references.
4. E3 Diagnostics retains the right to refuse shipment of orders to any account with a past due balance.
5. A 1.5% per month (18% annual) finance charge will be placed on all past due balances.
6. In the event of non-payment, customer agrees to pay all collection costs and reasonable attorney fees.
7. N.S.F. checks may cause an account to be placed on immediate cash in advance status or payment terms requiring certified funds. We may deem ourselves insecure anytime at our discretion and accelerate the full amount of the obligation.
8. Terms and conditions are subject to change and any claims shall be venue in the appropriate Illinois State or Federal court. All terms and conditions shall be governed by Illinois law.

Shipping Terms
UPS Ground is the normal method of shipment. Expedited shipping is available for an additional charge. Shipping and Handling charges will be prepaid and added to your invoice. Shipping and Handling charges will be calculated at a flat rate. All shipments are FOB e3 Diagnostics, Inc’ facility. Title to products and risk of loss passes from e3 Diagnostics, Inc to you upon pick up by the carrier. All in stock orders will be shipped within 48 hours of order receipt (except weekends and holidays). In the event that an item is out of stock, an e3 Diagnostics Customer Service Representative will notify you of the delay and ship any other items ordered under in stock guidelines.

We ship to All 50 U.S. states including Alaska and Hawaii. American territories including American Samoa (AS) Federated Micronesia (FM) Guam (GU) Marshall Islands (MH) Northern Mariana Islands (MP) Palau (PW) Puerto Rico (PR) Virgin Islands (VI) We do not ship to the British Virgin Islands. We cannot ship to P.O. boxes or military APOs. Additional fees or shipping restrictions may apply if you live in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands. For orders outside of the US please contact: contact@sanibelsupply.com.

Return Policy
e3 Diagnostics has a “no-hassle” return policy. For product purchased from mye3shop.com, returns will be accepted within 30 calendar days from date of receipt. e3 Diagnostics will refund the purchase price, without questions, when the item(s) being returned are received in our warehouse in saleable condition. If you need to return an item, please contact customer service via phone, email or through the Contact Us page to receive your Return Merchandise Authorization Number. If your product qualifies for a return, you will also receive a prepaid shipping label. Customers will need to contact the mye3shop customer service team for return shipping confirmation.

We reserve the right to reject a return if product is not received in original condition.

Due to the COVID-19 pandemic, all infection control and PPE Products are not eligible for return.

In addition, we also cannot accept returns for 3M foam insert tips, Ear tips and Electrodes.

Unsolicited Ideas
E3 Diagnostics is eager to receive your comments and answer your questions about our products and our company. However, we are not seeking, nor can we accept, unsolicited ideas, suggestions or materials relating to the development, design, manufacture, or marketing of our products. By adhering to this policy, we hope to avoid subsequent misunderstandings among members of the public who submit comments or ideas relating to products or concepts developed by e3 Diagnostics, Inc’ employees.

Third-Party Software
As a convenience to you, e3 Diagnostics may make third-party software available through the site. To use the third-party software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. E3 Diagnostic, Inc does not guarantee that any software downloaded through the site will be free of viruses, worms, spyware or other forms of corruptive or destructive code or features. E3 Diagnostics makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness, or any other aspect of any third-party software downloaded through the Service.

Jurisdictional Limitations
The products referred to in this site are available in the United States and may not be available in your country. This site is controlled and operated by e3 Diagnostics, Inc from the United States, and e3 Diagnostics, Inc makes no representation that the information and materials in this site, including, without limitation, the information and other materials promoting the products identified herein, are appropriate or available for use in other locations. Also, some software from this site may be subject to export controls imposed by the United States Government and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has placed an embargo. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

Restrictions on Site Use
This site is available only for, and you may use this site only for, your own personal, non-commercial, shopping, and information purposes. Copying, reproducing, posting, publishing, broadcasting, modification, distribution, or transmission in any way without the prior written consent of e3 Diagnostics, Inc is strictly prohibited. E3 Diagnostics, Inc reserves title and full intellectual property rights for materials downloaded or otherwise received from this site, subject to but not limited to the Copyright and Trademark Notice as set forth herein.

Copyright and Trademark Notice
This site - including, but not limited to, text, photographs, graphics, video and audio content - is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions. E3 DIAGNOSTICS, INC, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers, trademarks, and service names used on this site are the trademarks, service marks, trade names or other protected intellectual property of e3 Diagnostics or its affiliates. You may not use any of such materials for any purpose without the express written agreement of e3 Diagnostics. All other brands and names are the property of their owners. All individual articles, content and other elements comprising this site are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this site. Just as e3 Diagnostics requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify e3 Diagnostics by emailing us at supplies@e3Diagnostics.com.

No Improper Reproduction or Distribution
Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this site, except that you may download material from this site for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this site over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. You also may not delete or change any copyright or trademark notices.

User Content License
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium now in existence or hereinafter developed and for any purpose, including commercial purposes, and to authorize others to do so. Your establishment of an account through this site, your postings to this site, and electronic mail delivered to e3 Diagnostics, are not confidential and e3 Diagnostics shall not be liable for any use or disclosure thereof. All communications and other materials (including, without limitation, unsolicited ideas, suggestions or materials) you send to this site or to e3 Diagnostics, Inc by electronic mail are, and shall remain, the sole and exclusive property of e3 Diagnostics, Inc and may be used by e3 Diagnostics, Inc for any purpose whatsoever, commercial or otherwise, without compensation to you. If you are utilizing this site as a means of providing information to e3 Diagnostics, Inc in furtherance of a vendor-vendee relationship, you represent and warrant that the material specifications and all other information which you provide is accurate and complete and that you shall promptly notify us whenever there is a modification or other change in any such information.

Unauthorized Advertisement or Infringement
This site has been specially designed for presentation of content and creative works in a unique format and appearance to our users. We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our site. Neither you nor any third party shall make use of the site in any manner that constitutes an unauthorized advertisement or any other infringement of our rights, including copyright that has not been authorized by us.

Links to Our Site
Hypertext linking to this site is permitted. However, e3 Diagnostics reserves the right to disable any link to any site e3 Diagnostics believes contains scandalous, offensive, obscene, scurrilous, or inappropriate content or that, in the sole opinion of e3 Diagnostics, adversely affects the goodwill of e3 Diagnostics or any trademark or service mark of e3 Diagnostics or its affiliates. E3 Diagnostics expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking of this site from any other site. "Framing" or any other use of this site that serves to affect the identity of this site or the source of the content of this site is prohibited.

Liability for Your Account
You are responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this agreement.

Termination of Account
E3 Diagnostics, Inc may, in its sole discretion, terminate your account (or any part thereof) or your use of the site, and remove and discard any content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by e3 Diagnostics elsewhere on the site, (ii) conduct e3 Diagnostics believes is harmful to other users or the business of e3 Diagnostics, Inc, or (iii) failure to continue use of your account. E3 Diagnostics, Inc will not be liable to you or any third party for any termination of your access to the site or discarding content.

WARRANTY DISCLAIMERS
1. OUR SITE CANNOT, AND DOES NOT, CONTAIN INFORMATION ABOUT ALL HEARING OR OTHER MEDICAL CONDITIONS. THIS SITE MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL.

2. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE SITE OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE. E3 DIAGNOSTICS RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS. MOST ADVERTISED ITEMS ARE READILY AVAILABLE FOR SALE, AND E3 DIAGNOSTICS WILL CONTACT YOU IF AN ITEM ORDERED IS OUT OF STOCK AND CONFIRM PLACEMENT OF BACKORDER UNTIL THE ITEM RETURNS TO STOCK.

3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, E3 DIAGNOSTICS, INC AND ITS AFFILIATES, MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, OFFICERS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, "E3 DIAGNOSTICS") DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION, AND/OR PRODUCTS CONTAINED ON THIS SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, "CONTENT"), EXPRESS, IMPLIED, OR STATUTORY. E3 DIAGNOSTICS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT (TEXT AND IMAGES) OF THIS SITE. THE CONTENT OF THIS SITE, THE SERVER THAT MAKES IT AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE ON OUR SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SITE. WE DO NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO E3 DIAGNOSTICS.

4. THIS SITE IS OPERATED IN THE UNITED STATES OF AMERICA AND E3 DIAGNOSTICS, INC MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.

5. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SITE OR AVAILABLE THOUGH LINKS IN THIS SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SITE BUT ARE UNDER NO OBLIGATION TO DO SO. WE DO NOT GUARANTEE OR WARRANT THAT THIS SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SITE DO NOT CONTAIN VIRUSES, WORMS, SPYWARE OR OTHER FORMS OF CORRUPTIVE OR DESTRUCTIVE CODE OR FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER WEBSITES THAT MAY BE LINKED TO THIS SITE.

6. IF YOU RELY ON THIS SITE AND ANY MATERIALS AVAILABLE THROUGH THIS SITE, YOU DO SO SOLELY AT YOUR OWN RISK. E3 DIAGNOSTICS EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS SITE.

LIABILITY DISCLAIMER
E3 DIAGNOSTICS, INC AND ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS AND LICENSORS ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN ANYWAY RELATED TO THIS SITE OR FOR ANY CLAIM, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS). LIABILITY IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM E3 DIAGNOSTICS, INC IN THE APPLICABLE TRANSACTION, IF ANY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH THIS SITE OR ITS CONTENT (INCLUDING THESE TERMS), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS E3 DIAGNOSTICS, INC AND ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS, AND LICENSORS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR ANY OTHER TERMS OR NOTICES POSTED ON THIS SITE. E3 DIAGNOSTICS RESERVES THE RIGHT TO TAKE OVER THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS PARAGRAPH. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY US.

Entire Agreement
These Terms constitute the entire agreement between you and e3 Diagnostics, Inc governing your use of this site. E3 Diagnostics, Inc, in its sole discretion, reserves the right to (a) change these Terms, (b) monitor and remove postings, and (c) discontinue site availability at any time without notice. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with e3 Diagnostics, Inc, third-party content, or third-party software.

No Employment Contract
Should you become employed with e3 Diagnostics, Inc, none of the materials provided in this site constitute or should be considered part or all of an employment contract.

Waiver and Severability
If any part of this agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the agreement, including any revised portion, shall remain and be in full force and effect. The failure of e3 Diagnostics, Inc to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the site or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

Arbitration
By using this site, you agree that e3 Diagnostics, Inc, at its sole discretion, may require you to submit, and you hereby agree to submit, any disputes arising from the use of this site or these Terms, including disputes arising from or concerning their interpretation, application, violation, nullity, invalidity, non-performance, or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Such proceeding shall be governed by the laws of the State of Illinois. Any award in an arbitration initiated under this section shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount, except that e3 Diagnostics may seek and receive an injunction against you to enjoin you from engaging in any acts of breach of this agreement, as alleged by e3 Diagnostics, Inc. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

Governing Law
This agreement shall be governed by the laws of the United States and the State of Illinois. Any action to enforce this agreement shall be brought, at e3 Diagnostics’ sole discretion, either through the Arbitration process as set forth herein or in the federal or state courts located in Cook County, Illinois. You hereby agree to personal jurisdiction by such courts and to waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Contacting Us
If at any time you would like to contact us with your views about our Terms and Conditions, you can do so by sending an e-mail to supplies@e3diagnostics.com.

Questions or Comments?
Call us toll-free: 1-800-323-4371, Mon-Fri: 8am - 5pm (CST)

Email supplies@e3diagnostics.com;

Fax: 847-459-7646

e3 Diagnostics, Inc Terms of Use © 2019

e3 Diagnostics, Inc, 3333 N. Kennicott Dr., Arlington Heights, IL 60004, U.S.A.

All Rights Reserved.

Terms of Use

By accessing or using any of the e3 Diagnostics (“e3 Diagnostics” and/or “the Company”) Internet properties including, without limitation, www.e3diagnostics.com, and any others owned or affiliated with e3 Diagnostics (collectively referred to as “e3 Diagnostics Websites”), you agree to comply with and be bound by the Terms of Use. Please read these Terms of Use carefully as well as e3 Diagnostics’ Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate use of the e3 Diagnostics Websites.

A. Agreement between user and e3 Diagnostics

“e3 Diagnostics” and/or “the Company” means e3 Diagnostics, an Illinois incorporated company, and having its registered address at 3333 N Kennicott Ave, Arlington Heights, Illinois, 60004.

e3 Diagnostics operates in different regions under the following names, which are wholly owned by e3 Diagnostics: New England Sales and Service, Burke Special Products, AudioMedtric Technology, Northeastern Technologies Group, Midlantic Technologies Group, Kimmetrics Sales and Service/Biocoustics Instruments (Kimmetrics-Biocoustics), Carolinas Sales and Service, Tele-Acoustics Charlotte, Med-Acoustics, Tele-Acoustics Florida, Acousti-cal, Gordon N. Stowe and Associates (Gordon Stowe), AIC-Medical, Texas Special Instruments, MSR West, Electro Acoustic Company, Sonic Medical Devices, Health Care Instruments (HCI), and Audiometrics California. All trademarks are registered, and maintained by e3 Diagnostics.

e3 Diagnostics offers you access to this Website only if you agree to all of the terms, conditions, and notices contained in these Terms of Use. By using this Website, you are agreeing to all of those terms, conditions, and notices.

As used in these Terms of Use, the term “this Website” includes our home page located at www.e3diagnostics.com and all other web pages which (1) we own, (2) we control, directly or indirectly, and (3) are linked, directly or indirectly, to this home page. The term “this Website” also includes all Website products and services, for example bulletin boards and chat rooms. “Content” is any and all text, graphics, or other multimedia material within the body of any web page that is part of this Website.

The Company reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the e3 Diagnostics Websites. Your use of the e3 Diagnostics Websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted on the e3 Diagnostics Websites. No revisions to these Terms of Use shall apply to a controversy or claim of which the Company had actual notice on or before the date of any such revision.

B. User information

We may request, in order for you to use certain areas of this Website that you register, create a user or member name, create a password, or otherwise log in with your e-mail address or with a user or member name which you select. In the event that your use of or participation in any portion of this Website requires that you register, create a user or member name, create a password, or otherwise log in with your e-mail address, you agree that:

1. You shall not (i) select or use a user or member name or e-mail address of another person with the intent to impersonate that person; (ii) use, without authorization, a user or member name or e-mail address which belongs to anyone other than you or which is subject to the rights of any person other than you; (iii) use a user or member name in violation of the intellectual property rights of any person; or (iv) use a user or member name that the Company, in its sole discretion, deems offensive; and
2. You shall take any and all actions necessary to maintain the privacy of your password.

C. Agreement not transferable

You acknowledge that the right to use this Website and any other product or service offered by e3 Diagnostics, is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity, except upon the express written consent of the Company. Any attempt to transfer your rights under these Terms of Use without the express written consent of e3 Diagnostics is void and shall constitute a breach of these Terms of Use. e3 Diagnostics will not assign or transfer its rights under these Terms of Use without your consent.

D. Use of bulletin boards, chatrooms, and other communication forums

1. This Website may include bulletin boards, chat rooms, or other message or communication facilities. You are solely responsible for any information you post in any forum made available in, on, or through this Website. This Website shall be used for lawful purposes only. No material shall be posted in, on, or through this Website that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, reflects negatively on us, or is otherwise objectionable, gives rise to civil liability, or otherwise violates any law, or that encourages conduct that would constitute a criminal offence.
2. This Website shall not be used to solicit other persons to become users of services competitive to e3 Diagnostics. Advertising or commercial solicitation may only be posted in, on, or through this Website with e3 Diagnostics’ express prior approval and solely in accordance with the terms and conditions imposed by the Company regarding advertising and commercial solicitation on this Website.
3. If the Company is notified that a message posted in, on, or through this Website violates the legal rights of others or the stated guidelines for posting messages, the Company shall have the right to remove the message. Such a posting will also constitute breach of these Terms of Use.
4. You agree not to upload, post, or otherwise make available any material protected by copyright, trademark, or other proprietary right on this Website, without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright, trademark or other proprietary right rests on you. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
5. You agree not to upload files to this Website that contain viruses, corrupted files, or other similar software or programs that may damage the operation of another person's computers, software, websites, or network. You will be solely responsible for damages arising from any claims that files posted by you caused damage to the operation of another person's computer, software, websites, or network.
6. You acknowledge that forums, unless expressly stated otherwise, provided by this Website are public and not private communications. e3 Diagnostics shall have the right, but not the obligation, to monitor the content of the forums to determine compliance with these Terms of Use and any other operating rules established by the Company. You also acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by the Company.
7. e3 Diagnostics reserves the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted in, on, or through this Website. Without limiting the foregoing, the Company shall have the right to remove any material or contents posted by users in, on, or through this Website, including without limitation bulletin board postings, that e3 Diagnostics, in its sole discretion, finds to be in violation of the provisions of these Terms of Use, otherwise objectionable, or stale. Furthermore, the Company reserves the right to deny in its sole discretion your access or any other person's access to this Website or any portion thereof without notice.

E. Disclaimer of warranties and limitation of liability

1. Use at own risk. You agree that use of this website is at your own risk. e3 Diagnostics does not make any warranty as to the results that may be obtained from use of this website or as to the accuracy, reliability or contents of any information provided through this website.
2. Warranty disclaimer. The contents of this website are provided by e3 Diagnostics as a service. This website does not contain all information that may be relevant to hearing and balance diagnostic testing equipment. All content provided on this website is only general information regarding hearing and balance diagnostic testing equipment, and is intended for educational information purposes only. Contents provided on this website may include information related to certain ailments, physical conditions, and their treatment. Any such information should not, and are not intended as, and cannot provide either a diagnosis of a specific problem or condition, or a specific recommendation of the appropriate treatment. Contents provided on this website should not be used as a substitute for seeking professional hearing care or other care. All specific questions you may have about your condition, treatment, care or diagnosis should be presented to your own professional physician or other professional healthcare provider. e3 Diagnostics is not liable for any personal injury, including death, caused by your reliance on, or your use or misuse of any information presented or contained on this website.
3. Except if expressed and unambiguously stated otherwise, e3 Diagnostics does not in any way endorse, operate, control or assume responsibility for any information regarding any products or services offered or provided by any third party, which or who may be listed on or linked to this website including any hearing care center, or service provider, which or who may be listed on or linked to this website.
4. This website may include contents provided by third parties and users. For any and all such contents, the Company is a distributor and not a publisher. The Company has no more editorial control over such contents than does a public library or newsstand. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties (including hearing care centers, and other professional hearing care service providers and other merchants and licensors) are those of the respective authors or distributors of such contents and not of e3 Diagnostics. The Company makes no warranty as to the completeness, accuracy, currency, or reliability of information published by third parties and users on this website.
5. When using this website, information will be transmitted over a medium, which is beyond e3 Diagnostics' control and jurisdiction. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this website. The Company expressly disclaims any warranty that the services or contents provided by or on this website will be uninterrupted as to the results obtained from use of the services or contents. The services and contents are distributed on an "as is, as available" basis, and e3 Diagnostics makes no warranties of any kind, either express or implied, including without limitation warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
6. By using this website, you acknowledge that your use of this website is at your own risk, that you assume full responsibility for all risk associated with your use of this website, including without limitation responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website.
7. Disclaimer of damages. In no event shall e3 Diagnostics be liable to you for any special, collateral, direct, indirect, exemplary, incidental or consequential damages, including but not limited to loss of goodwill, loss of profits or loss or use (1) for breach of any of the provisions of these terms of use, (2) arising out of the inability to use this website, (3) arising out of the breach of any warranty by e3 diagnostics, or (4) your failure to abide by the terms of these Terms of Use. This limitation on e3 Diagnostics' liabilities shall be in full force regardless of whether such liability is based on breach of contract, tort, and strict liability or otherwise, and even if the Company had previously been advised of the possibility of such damages. You hereby acknowledge that the provisions of this section shall apply to all contents on this website and the forums. The aggregate liability of e3 Diagnostics to you arising directly or indirectly out of and with respect to these terms of use shall not exceed an amount equal to any money paid by you to the Company for or from the use of this website.
8. Linked websites. e3 Diagnostics does not endorse, warrant or guarantee any product or service offered by a third party through this website and will not be a party to or in any way monitor any transaction between you and any third-party provider or products or services.

F. Indemnification

You agree to indemnify and hold e3 Diagnostics harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from your use of this website or from your violation of these Terms of Use or any third party's rights including but not limited to copyright, property and privacy rights. This indemnification and hold-harmless obligation will survive these Terms of Use and your use of this website. With respect to any investment advice which it may provide, e3 Diagnostics shall not be liable for any loss or damage arising out of or based upon any act or omission by it, unless the Company has acted with wilful or reckless misconduct, bad faith, gross negligence or has violated applicable law. Nothing in this paragraph shall be construed as a waiver or limitation of any rights, which you may have under applicable mandatory law.

G. Links to third-party sites

This Website may contain links to other web sites operated by parties other than e3 Diagnostics. Such links are provided for your reference only. The Company is not responsible for the availability of these external sites nor is it responsible for any of the content, advertising, products, or other materials on such external sites. Any concerns regarding any external link should be directed to its respective web site operator.

H. Copyright and limitations on use

1. The Content made available through this Website by e3 Diagnostics is the property of e3 Diagnostics and/or the appropriate manufacturer, and is protected by copyright and other applicable laws. The Company reserves all rights.
2. Information received through this Website may be displayed, reformatted, and printed for your personal, non-commercial use only if you include the following copyright notice: “Copyright 2013-2018 e3 Diagnostics. All rights reserved.” and any and all other copyright and proprietary rights notices which were contained in the Content.
3. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through this Website to anyone, including but not limited to others in the same company or organization, without the express prior written consent of e3 Diagnostics.
4. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of e3 Diagnostics. All rights not expressly granted herein are reserved to e3 Diagnostics and the appropriate manufacturer.
5. If you violate any term of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
6. You expressly grant to e3 Diagnostics the royalty free, perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense any message posted in, on, or through this Website (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

I. Trademarks

“e3 Diagnostics” is a trademark of e3 Diagnostics. All rights reserved. All other trademarks, and/or copyrights appearing on this Website, are the property of their respective owners, including, in some instances, e3 Diagnostics. Reproduction, in whole or in part, is prohibited without express prior written permission.

J. Links

You agree that any link from a website that you own, control, or author in part or in full, to this Website shall be exclusively to www.e3diagnostics.com and to no other web page within this Website. You agree that you shall make no link from a website that you own, control, or author in part or in full, if that website contains any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, reflects negatively on e3 Diagnostics, or is otherwise objectionable, gives rise to civil liability, or otherwise violates any law, or that encourages conduct that would constitute a criminal offence.

K. Governing law

These Terms of Use, the performance thereof and any and all matters arising directly or indirectly here from or therefrom shall be construed, interpreted, applied and governed in all respects in accordance with the laws of Cook County in the state of Illinois, United States of America, without regard to your state's conflicts or choice of law provisions.

L. SMS Disclosures

If you consent to receive SMS communications from us, you agree to receive text message SMS from us. Message & data rates may apply. Message frequency may vary. Reply STOP to opt-out or reply HELP for support. We do not share your phone number or SMS consent information with third parties or affiliates for marketing purposes. For more information, please see our Privacy Policy.