4 Premium Soft Brush heads designed to fit your current electric toothbrush.
No-more over-paying for your brand name replacement brush heads.
Our heads will fit your current brush or we'll refund 200% of your purchase price.
With Electroheds, you'll get premium electric brush heads delivered right to your door at up to 40% off brand name prices.
Get the 4 pack now
As with most brushes on the market, Electroheds brush heads are manufactured under strict quality control in China.
Electroheds is designed for the whole family. Our heads are a one-size-fits-all, so you can bet that no matter who you are, you can expect a quality clean at a fraction of the cost.
Dentist recommend you change your toothbrush every 2-3 months, depending on it's condition and your state of oral health.
That's a pity, but never fear! We at Electroheds recommend the binchotan charcoal toothbrushes at www.mrgrins.com as a manual option for those that prefer a hands-on approach to brushing.
Should this occur, prepare some hot water (but not boiling) and rinse thoroughly. This should get your brush back on track and smelling great.
If you're really not satisfied with your Electroheds experience, let us know at hi@electroheds.com and we'll help.
We only offer refunds on faulty brushes.
We offer a 200% money back guarantee on the fit of our Electroheds brushes. If your brush isn't compatible with our heads, let us know at billing@electroheds.com and use the subject title "Incompatible Brush" and we'll get you sorted out.
We ship Electroheds orders weekly, and it's common for deliveries to take 10-15 days after you've received your shipping confirmation email. If you haven't received your brush after 20 days let us know at billing@electroheds.com and we'll find out what is going on for you.
Electroheds ("Electroheds", "We", "Us" or "Our") values your privacy and is committed to protecting your personal information including but not limited to your name, email address, and billing and shipping address ("Personal Information"). Electroheds is an online service that delivers high-quality toothbrush heads ("Services").
This Privacy Policy ("Policy") describes how and when Electroheds collects, uses and shares your information when you use our Services. This Policy applies to our family of websites (the "Site(s)"), which includes www.electroheds.com, and any other sites at which this Policy appears and the memberships that you can purchase on the Sites to receive products that we offer or make available through the Sites ("Membership(s)"). By using Our Sites and/or purchasing a Membership you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country you reside in or supply information from, you authorize Electroheds to collect, transfer, store and use your information in the United States and any other country where Electroheds operates. This Policy is incorporated by reference into the Electroheds Terms of Service. If you have any questions or comments about this Privacy Policy, please contact us at hi@Electroheds.com.
The information We collect from you is used to conduct transactions with you, including fulfilling your purchases of our products (brushes or other grooming products that you order and receive through your Membership), to send you information or content in which you may be interested, and keep you abreast of any updates related to our Sites and your Membership. We also use this information to personalize and continually improve our Sites, Services and your experience with them, with the goal of ultimately serving you better.
Information Collected Upon Registration: You may browse our Sites without registering. If you would like to place an order, become a member, and/or request information from us then we require you to register with us on the Sites. When you create, register, or edit your Electroheds account, you will be asked to provide certain Personal Information. In some circumstances, such as making a purchase of our products, we will request that you provide your credit card, debit card, or acceptable payment option and your billing address and shipping address, which is stored with Our third-party payment processor. We neither store nor have records of your payment information. You are welcome to not provide Personal Information, but if you do not wish to provide this information then we will not be able to provide you with our products and Services and therefore you cannot become a member.
Information that We Collect About You from Facebook: You may also register and log-in to Our Sites and Services using your Facebook account. Facebook controls the information collected from you during the registration and log-in process and you expressly grant Us permission to access your Facebook information; Electroheds does not, in any way, control the information that Facebook collects from you. If you elect to register and log-in to the Site using your Facebook credentials, you authorize Us to collect your authentication information, including but not limited to your username, email address, encrypted access credentials, and other information that may be available on or through your Facebook account, including but not limited to your name, profile picture, country, hometown, date of birth, and gender. If you log-in to Our Sites using Facebook, you must enter your Facebook email address and password. You will then be redirected to Facebook where you may be asked to grant Us permission to (i) access and collect your Facebook basic information (this may include your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other information you have you have set to public on your Facebook account); (ii) send you email; (iii) post to your Wall; (iv) access posts in your news feed; and (v) access your Facebook data at any time even if you are not using Facebook ("Your Facebook Information"). Please note that if you expressly consent to permitting Electroheds access to Your Facebook Information, then Electroheds will have access to this information even if you have chosen not to make that information public. We will also store this information in your Electroheds Membership account on our servers in order to service your account better. For information about how Facebook may disclose your information, including any information you make public, please consult the Facebook Privacy Policy. We have no control over how Facebook uses or discloses the Personal Information you provide to it.
Information We Collect Automatically: In addition, when you visit the Sites and/or register for Membership, we may collect certain information by automated means, such as cookies, web beacons, and other automated devices. A "cookie" is a text file that websites send to a visitor's computer or other Internet-connected device to uniquely identify the visitor's browser or to store information or settings in the browser. A "web beacon," also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server. We also may use third-party website analytics tools (such as Omniture, Google Analytics, and Facebook Insights), that collect information about visitor traffic on the Sites. The information we may collect by automated means includes:
Cookies Information: Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the Service. Electroheds uses cookies to help recognize you as a repeat visitor, to improve the quality of our Service, and to try and make your browsing experience meaningful. When you enter our Sites, our web server sends a cookie to your computer which allows us to recognize your computer but not specifically who is using it. By associating the identification numbers in the cookies with other customer information when, for example, you log-in to the Service, then we know that the cookie information relates to you. Some of the cookies used by our Service are served by us, and some are served by third parties who are delivering services on our behalf. Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different browsers. By blocking or deleting cookies used on our Service, you may not be able to take full advantage of our Service.
Local Storage Objects: We may use Flash Local Storage Objects ("Flash LSOs") in order to store your Sites preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. In addition, you cannot control, delete, or disable the acceptance of Flash LSOs through your browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash cookies, go to the Adobe Flash Player Help Page, choose "Global Storage Settings Panel" and follow the instructions. To see the Flash LSOs currently on your computer, choose "Website Storage Settings Panel" and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Log File Information or Log Data: Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, or visit a third-party website that includes a Electroheds button or widget. Electroheds uses Log Data to provide our Services and to measure, customize, and improve them.
Clear Gifs Information: When you use the Service, we may employ clear gifs (a.k.a. Web Beacons), which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your Electroheds account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make Electroheds better for our users.
Site Analytics: As noted, we may use automated devices and applications, such as Google Analytics, to evaluate usage of our Sites. We also may use other analytic means to evaluate our Sites. We use these tools to help us improve our Sites, performance and user experiences.
Links: Electroheds may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Third-Party Ad Networks: We may use third parties such as network advertisers to serve advertisements on Our Sites. We may display advertisements on Our Sites, participate in third party ad networks and make available to Our Sites users specific offers from third-party companies. Some of the advertisements you see on the Sites are delivered by third parties who also collect information through cookies, web beacons, and other technologies about your online activities, either on Our Web Sites or across the Internet, in an effort to understand your interests and deliver you advertisements that are tailored to your interests. These third parties include advertisers, advertising agencies, and ad networks that may collect information when you view or interact with one of their advertisements. Third parties that currently collect information on our Sites for the purpose of serving you with advertising tailored to your interest include, but are not limited to (THESE WILL BE FILLED OUT AFTER CONFIRMATION). These companies may offer you a way to choose not to have your information used for advertising purposes. You can find more information by clicking on the company names above and following the links to each company's web site.
In addition, some of these companies are members of the Network Advertising Initiative ("NAI"), which offers a single location to opt out of receiving tailored ads from member companies. To opt out of information collection by NAI member companies, or to obtain information about the technologies they use or their own privacy policies, please visit the NAI consumer opt out page.
Electroheds does not have access to the information these third parties may collect about your interests to deliver relevant advertising to you, and the information practices of these third parties are not covered by this Privacy Policy. In addition, Electroheds with third parties to help us track the ads that are delivered to you, in particular to control the number of times you receive the same ad, and to analyze the effectiveness of advertising on the Sites.
We may disclose your private Personal Information in the limited circumstances described below.
Your Consent: We may share or disclose your Personal Information at your direction, such as when you authorize a third-party web client or application as log-in credentials when you register for Membership.
Service Providers: We engage service providers to perform functions and provide services to us in the United States and abroad. We may share your private Personal Information with such service providers subject to confidentiality obligations consistent with this Privacy Policy, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.
Compliance with Law and Prevention of Harm: Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your Personal Information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the rights and safety of any person, including, but not limited to, other members; to address fraud, security or technical issues; or to protect Electroheds' rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party's, including a government's, request to disclose your information.
Business Transfers: In the event that Electroheds is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your Personal Information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.
We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on Our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. We have implemented commercially reasonable precautions, which are designed to protect your information from unauthorized access, disclosure, use and modification. From time to time, We review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. In addition, only those employees and third parties who need access to your Personal Information in order to perform their duties are allowed such access. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a password that nobody else knows or can easily guess, and keeping your password private. Also, you should never share your log-in information with others. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. To change your Facebook password, you must go to the Facebook site and follow its procedures for changing your password.
You may modify any Personal Information that you have submitted by logging into your account and updating your profile information. Please note that copies of Personal Information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Sites for a period of time. If you would like to access or modify your Facebook profile information, or adjust the types of information we receive from Facebook, you must adjust your Facebook account settings directly through Facebook. We have no control over how Facebook shares your information with us or other third parties. The information you provide to Facebook is subject to the Facebook Privacy Policy.
Our Services are not directed to persons under 13. If you become aware that your child has provided us with Personal Information without your consent, please contact us at hi@Electroheds.com. We do not knowingly collect Personal Information from children under 13. If we become aware that a child under 13 has provided us with Personal Information, we take steps to remove such information and terminate the child's account. You can find additional resources for parents and teens www.connectsafely.org.
We may revise this Privacy Policy from time to time and will post such revisions to our Sites. The most current version of the policy will govern our use of your information and will always be at dollarshaveclub.com/privacy. If we make a change to this policy that, in our sole discretion, is material, we may notify you via an email to the email address associated with your account. By continuing to access or use the Services after those changes are posted and become effective, you agree to be bound by the revised Privacy Policy.
Last updated on November 21, 2013.
THESE TERMS OF SERVICE ("AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU ("YOU", "YOUR", OR "CUSTOMER") AND Electroheds. ("WE" OR "Electroheds"), THE OWNER AND OPERATOR OF THE WEBSITE AT THE URL http://www.electroheds.com (THE "SITE"). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD TO IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE.
By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age or if you are under 18 years of age, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Electroheds if your child breaches or disaffirms any term or condition of this Agreement.
Where Electroheds has reasonable grounds for believing you are under 18 years of age and have signed up for a Membership without the necessary consent of your parent or legal guardian, Electroheds may reject your Membership.
Electroheds may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships (both as defined below in Section 3.1). Electroheds reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Electroheds uses a third party payment processing service to process orders and bill fees to your credit card. Electroheds' Privacy Policy (the "Privacy Policy"), explains how Customers' personally identifiable information is collected, used and disclosed. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy.
You may utilize the functionality on the Site that allows you to log in to this Site by using your log in credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook and LinkedIn ("Third Party Site Log-in Credentials") and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy). Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to this Site using your Third Party Site Log-in Credentials is governed by the terms and conditions of such third party website's terms of use and privacy policy, including, without limitation, such third party website's password and account security policies and user-generated content posting and acceptable use policies.
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Electroheds if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
Subject to your compliance with this Agreement, Electroheds hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the "Content"), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Electroheds or its third party service providers, by hacking, password "mining", or any other illegal means; (b) use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person's use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
Electroheds sells a toothbrush (the "Product(s)") from the Site to end-user customers who purchase monthly memberships to receive the Products ("Membership(s)") only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on Electroheds' Site at: http://www.electroheds.com. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. Unless otherwise stated, all prices quoted are in US dollars and where applicable, inclusive of taxes. Electroheds reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases unless you have already submitted payment for a monthly service or paid for a specific purchase, in which case there will be no change or alteration in pricing.
If you are dissatisfied with the Product for any reason, Electroheds will refund the amount paid (less any associated shipping and handling costs/fees which are non-refundable). Refund requests must be made directly to Electroheds at billing@electroheds.com. All refund requests must be made within thirty (30) days of the date of shipment by Electroheds, provided that the products are delivered to you before expiration of this date. Electroheds is not liable for products that are damaged or lost in transit.
Promptly following Electroheds's receipt of your request (typically within five (5) business days), Electroheds will credit the amount paid for your most recent month of service (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, Electroheds does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.
Electroheds will not provide a refund for a request that is received by Electroheds more than thirty (30) days after the date of original shipment.
If the Electroheds brush heads do not suit your existing brush, your model is one of the compatible models listed the 'FAQ' section of www.electroheds.com, then the guarantee: "We guarantee our heads will fit your electric toothbrush or we'll refund 200% of your purchase price" is valid for the purchase price of a single item only. Multiple item shopping carts are excluded from this offer. Electroheds agrees to refund you the amount equivalent to two (2) packs of brushes.
Electroheds accepts credit card payments only. You agree to pay all fees charged to your account based on Electroheds' fees, charges, and billing terms in effect as shown on the payment page you first sign-up for a Membership to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership and you authorize Electroheds or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. Any fees and charges for sales and use taxes and shipping and handling fees imposed also include taxes where applicable. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Electroheds reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in US Dollars.
Shipping dates are estimates only. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the delivery agent or carrier. However, if goods are missing from your order, or if the goods are not as ordered, you must contact our customer service department at billing@electroheds.com as soon as practicable.
You hereby acknowledge and agree that Electroheds or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
Electroheds is a trade mark of Electroheds in Australia. Other trade marks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Electroheds, Copyright © 2013 Electroheds. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
The Site may provide links to third party Sites that are not owned or controlled by Electroheds, including, without limitation, Facebook and Twitter ("Third Party Sites"). We provide such links solely as a convenience to you. Electroheds does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites' password and account security policies and user-generated content posting and acceptable use policies.
You hereby agree to defend, indemnify and hold each of the Electroheds Parties (as defined in Section 6 below) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys' fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
THE PARTIES ACKNOWLEDGE THAT THERE ARE CERTAIN GUARANTEES, WARRANTIES, TERMS AND CONDITIONS IMPOSED BY LAW RELATING TO THE SUPPLY OF GOODS AND SERVICES WHICH THE LAW EXPRESSLY PROVIDES MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED OR MAY ONLY BE LIMITED TO A CERTAIN EXTENT.
SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW (STATUTORY OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS ARE FURNISHED TO YOU "AS IS" AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND.
SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW (STATUTORY OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY LAW, Electroheds, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "Electroheds PARTIES"): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND Electroheds. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Electroheds OR ANY PERSON ON BEHALF OF Electroheds SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW (STATUTORY OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY LAW, NOTHING IN THIS SECTION 6 SHALL EXCLUDE OR LIMIT THE Electroheds PARTIES' WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7.1 - SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW (STATUTORY OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY Electroheds PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, TORT, UNDER STATUTE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A Electroheds PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 - SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW (STATUTORY OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY LAW, IF, NOTWITHSTANDING THE FOREGOING, A Electroheds PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, THE RELEVANT Electroheds PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID Electroheds FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
7.3 - Electroheds' LIABILITY TO YOU FOR LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE TERMS OF THIS AGREEMENT WILL BE REDUCED OR LIMITED TO THE EXTENT (IF ANY) THAT YOU CAUSE OR CONTRIBUTE TO THE LOSS OR DAMAGE.
7.4 - SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW (STATUTORY OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY LAW, NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT ANY Electroheds PARTY'S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH Electroheds PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to a customer's satisfaction by writing to our customer service department at billing@electroheds.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO Electroheds' ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court in the state of California instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the United States Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 8.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor Electroheds has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to Electroheds for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Los Angeles, California, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the California Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys' fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
This Agreement is governed by the Federal Arbitration Act, applicable United States federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Subject to any laws which may not be excluded (statutory or otherwise), foreign laws do not apply. Arbitration or court proceedings must be in Los Angeles County, California. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
Electroheds may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer's right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Electroheds's sole discretion, including without limitation breach of this agreement and/or violation of the Terms of Service, Electroheds's belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Electroheds or another user of the Site. In the event of such termination, Electroheds will notify you of the termination and the reason for such termination within a reasonable number of business days (typically within (5) business days). This Agreement and the Privacy Policy constitute the entire agreement between you and Electroheds regarding its subject matter. Electroheds will not be responsible for failures to fulfil any of its obligations due to causes beyond its control. The failure of Electroheds to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. This Agreement is only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Electroheds Party shall be a third party beneficiary hereunder. Electroheds may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, Electroheds's express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Memberships shall survive such termination.