JAYBIRD GEAR LLC TERMS…

                                                JAYBIRD GEAR LLC TERMS, CONDITIONS, WARRANTY & RETURN POLICY
                                                                                         Last updated 7/23/2008


IMPORTANT: THESE TERMS AND CONDITIONS OF SALE ("TERMS") GOVERN YOUR PURCHASE OF JAYBIRD PRODUCTS FROM
THIS SITE, WHICH IS PROVIDED BY JAYBIRD GEAR, LLC ("JAYBIRD"). BY PURCHASING PRODUCTS FROM THIS SITE, YOU ARE
ACCEPTING THESE TERMS. THIS LIMITED WARRANTY AND OTHER GENERAL TERMS ALSO APPLY TO ANY PURCHASE OF
PRODUCT FROM A RESELLER .

ORDERS

All orders that you place on this site are offers by you to purchase our products in accordance with these Terms. We may
accept your offer by issuing a confirmation or by shipping products specified in your order. You agree that we can make
partial shipments on your order, in which case each shipment will be a separate transaction. Our acceptance or partial
acceptance of each offer is expressly subject to and conditioned on your agreement to these Terms, which Jaybird may
modify in its sole discretion at any time and without notice. No other terms or conditions will apply.

PRICES AND PAYMENT

All prices are in U.S. dollars and are subject to change without notice. Prices do not include taxes or charges for shipping and
handling. Applicable shipping and handling charges and any sales taxes that Jaybird is required by law to collect will be
added to your required payment. Payment in full is required before products will be shipped on any order.

SHIPPING AND HANDLING

We will arrange for shipment of the products to you. Title and risk of loss and damage pass to you upon our transfer of the
products to the carrier. You will pay all shipping and handling changes specified during the ordering process. Shipping
times are estimates only and cannot be guaranteed. We are not liable for any delays in shipping.

CHANGES OR CANCELLATIONS

Any changes that you make to accepted orders prior to shipment may generate a new shipment date. All sales are final
upon shipment of the ordered products, except for authorized product returns.

RETURN OF PRODUCTS

30 Day Return Right

We will accept a return of products for any reason within 30 days of shipment to you, provided that (1) the products are
returned unused, undamaged, and in their original condition, including packaging; (2) you submit proof of purchase of the
products direct from Jaybird (an itemized, dated receipt), (3) you obtain a completed Return Merchandise Authorization
(RMA) from Jaybird before returning the products and include that RMA with the returned products, and (4) you follow all of
Jaybirds other return policies and procedures for the 30 Day Return Right. JayBird reserves the right to refuse any product
returned under the 30 Day Return Right that does not meet these criteria.

· JayBird will only honor the 30 Day Return Right for purchases made through the JayBird online store.

· JayBird must receive the returned products within fourteen (14) days after the RMA number has been issued. An assigned
RMA number is valid for 14 days only and will expire on the 15th day after the date of issuance, at which time any returned
products will be refused.

Please note that only products in the original packaging with all materials and in new condition are eligible for the 30 Day
Return Right. All products must be returned in the original packaging with all contents included. Please ensure that any
previous shipping labels or other markings have been removed or covered completely. Please note that failure to return all
items included with your product, or returning the product without the manufacturer packaging may result in the product
being shipped back to you at your own expense without a refund.

· It is your responsibility to arrange shipment pickup, prepay shipping (and any duty) charges, and insure the shipment or
accept the risk if the product is lost or damaged in transit. We advise that you ship the product back to us via UPS or FedEx to
ensure proper delivery. It is your responsibility to retain a sender's copy of the shipment invoice and the shipment tracking
number in the event of a lost shipment, until Jaybird has received the returned product.
· Email your return shipment tracking number to support@jaybirdgear.com. Please include "Shipment Notification: RMA#
(please include your RMA# here)" in the email subject line and the returns shipment tracking number and the time of pick-
up in the email body.

· The address for JayBird Refund Returns is:

JayBird Returns
Attn: RMA # (include your RMA # here)
c/o Leap Frog Logistics
6003 Guion Road Suite B
Indianapolis, IN 46254
Ph: 888.824.9998

· Once the return is received and verified to meet all of the above conditions, allow 30 days from the date of receipt for the
credit to appear on your account. Credit will be issued to the payment method or credit card used for your original purchase
only. JayBird will not refund original or return shipping costs or duties. For inquiries regarding our return policy, email us at
support@jaybirdgear.com


Warranty Returns

We will also accept return of products if we determine that the products qualify for a warranty return under our limited
warranty (see below) and you comply with the following warranty return procedures:

· Obtain an RMA from Jaybird customer support. Every warranty return must have an RMA. Write the RMA number on the
outside of the package.

· Submit your proof of purchase of the product direct from the Jaybird online store (an itemized, dated receipt) and include a
completed RMA.

· Use the original Jaybird packaging, and return all items and materials originally included with the Jaybird product. Remove
or cover all previous shipping labels on the outside of the package.

· Return only the Jaybird products under warranty. We are not responsible for any other products, accessories, or items that
you return with the Jaybird products under warranty.

· If applicable, make a backup of any data stored on the product. Jaybird is not responsible for loss of any data stored on a
returned product.

· Arrange shipment pickup, prepay shipping (and any duty) charges, and insure the shipment or accept the risk if the
product is lost or further damaged in transit. We advise that you ship the product back to us via UPS or FedEx to ensure
proper delivery. It is your responsibility to retain a sender's copy of the shipment invoice and the shipment tracking number
in the event of a lost shipment, until Jaybird has received the returned product. Jaybird will bear the cost of shipping the
product or the replacement product back to you after warranty service.

· The address for JayBird Warranty Returns is:

JayBird Warranty Returns
Attn: RMA # (include your RMA # here)
c/o Leap Frog Logistics
6003 Guion Road Suite B
Indianapolis, IN 46254
Ph: 888.824.9998
LIMITED WARRANTY

We warrant that Jaybird branded products purchased by you from this site (1) will be free of defects in materials and
workmanship for 1 year from the date of shipment, as determined by the date on the packing slip; and (2) will not fail
because of perspiration for the expected life of the product, as determined by Jaybird in its sole discretion (the "Limited
Warranty"). As used above, the phrase "fail because of perspiration" means that the electronics in the product cease to
function as a direct result of the effects of perspiration and excludes other causes of failure, including without limitation
broken wires, cracked casings, and dead batteries, even if they may have some indirect relation to perspiration.


This Limited Warranty extends only to the original end-user purchaser of the product and is not assignable or transferable to
any other person. This Limited Warranty does not cover (1) any damage or loss that occurs after we place the product with
the carrier for shipment, (2) any damage caused by normal wear and tear, abnormal use or conditions, neglect, abuse,
misuse, accident, improper storage or handling, unauthorized modifications or repairs, improper use of any electrical source,
undue physical or electrical stress, user error, or failure to follow product instructions, (3) any product with an altered or
missing serial number or any counterfeit product, (4) any damage from external causes such as storm, flood, fire, dirt, sand,
earthquakes, Acts of God, exposure to sunlight, weather, heat, or corrosive environments, electrical surges, or third-party
products, or (5) product fit or appearance other than failure to provide a product that is materially equivalent to the product
description on this site.

WE DO NOT WARRANT THAT PRODUCTS WILL OPERATE UNINTERRUPTED OR BE ERROR FREE OR THAT ALL PRODUCT ERRORS
WILL BE CORRECTED. OUR ONLY LIABILITY UNDER THIS LIMITED WARRANTY, WHETHER IN TORT, CONTRACT, OR OTHERWISE,
AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE, AT OUR OPTION, TO REPAIR OR REPLACE THE PRODUCTS OR REFUND
THE AMOUNT PAID FOR PRODUCTS RETURNED TO US, LESS A PRORATED AMOUNT FOR ANY PERIOD OF PROBLEM-FREE USE.
THE PRORATED AMOUNT WILL BE BASED ON THE EXPECTED LIFE OF THE PRODUCT. Replacement products may include
refurbished Jaybird products that have been certified to conform to the original product descriptions. If we elect to repair
any defective product and are unable to do so after a reasonable number of attempts, we will provide you a replacement
product or will refund your purchase price less a prorated amount for any period of problem-free use. IN NO EVENT WILL
JAYBIRD'S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT, LESS A PRORATED AMOUNT FOR ANY PERIOD OF
PROBLEM-FREE USE, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY. We have no liability to pay for
any repairs performed by anyone other than us, unless in each instance we have given written approval for such repairs.
Any unauthorized attempt to repair products will void our warranty on the product(s). For any product(s) you purchase from
us that are covered by another manufacturer's warranty, your warranty is limited to that warranty. In such event, we will
reasonably assist you, upon written request, to place a warranty claim with the manufacturer.

Any reference to Jaybird branded products being "sweat and water resistant," or words of similar import, means that they
are designed to withstand moisture under normal non-water sports and everyday use such as perspiration and accidental
splashes of water. Although the openings for the microphone and speakers on our products have been carefully
engineered to be moisture-resistant, the products are not designed to be submersed in water or liquid of any kind, nor are
they designed for water sports or other water-based activities. Any modification of a product to adapt it for water-sports or
any other water environment will void the Limited Warranty. Any reference to Jaybird's "lifetime warranty against sweat," or
words of similar import, means the Limited Warranty relating to product failures that are a direct result of the effects of
perspiration during the expected life of the product, as determined by Jaybird.

THIS LIMITED WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, AND JAYBIRD
EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF ANY PRODUCTS
THAT YOU PURCHASE FROM US, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY AND EVEN IF WE ARE
AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS CONTAINED IN THIS "LIMITED WARRANTY" SECTION
SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

To obtain information about or make a claim under this Limited Warranty, you must write us at Jaybird Gear LLC, Attn:
Warranty, 2825 East Cottonwood Parkway, Suite 500, Salt Lake City, Utah 84121, email us at , or call us at 1.866.244.3399.


HEARING LOSS RELATED CLAIMS

YOU ARE AWARE THAT PERMANENT HEARING LOSS MAY OCCUR IF EARPHONES OR HEADPHONES ARE USED AT
INAPPROPRIATE VOLUMES. EXPOSURE TO NOISE FROM EARPHONES OR HEADPHONES IN EXCESS OF 85 DECIBELS FOR
MORE THAN EIGHT HOURS A DAY WILL LIKELY CAUSE IRREPARABLE HEARING DAMAGE. YOU MAY ADAPT TO A HIGHER
VOLUME OF SOUND OVER TIME, WHICH MAY SOUND NORMAL BUT CAN BE DAMAGING TO YOUR HEARING. YOU ACCEPT
ALL RESPONSIBILITY FOR HEARING DAMAGE RESULTING FROM THE UNSAFE USE OF EARPHONES OR HEADPHONES
PURCHASED ON THIS SITE ABOVE 85 DECIBELS. IN ADDITION, SOME RESEARCH HAS SUGGESTED A POSSIBLE LINK BETWEEN
THE USE OF WIRELESS ELECTRONIC DEVICES CLOSE TO THE HEAD AND BRAIN DAMAGE OR OTHER SERIOUS AND
POTENTIALLY LIFE-THREATENING MEDICAL CONDITIONS. YOU ACCEPT ALL RESPONSIBILITY FOR ANY AND ALL SUCH
DAMAGE AND MEDICAL CONDITIONS THAT MAY RESULT FROM THE USE OF EARPHONES OR HEADPHONES PURCHASED
ON THIS SITE. JAYBIRD SHALL HAVE NO LIABILITY FOR ANY SUCH DAMAGE OR MEDICAL CONDITIONS.

You agree to defend and indemnify Jaybird, its subsidiaries, affiliates, licensors, content providers, service providers,
employees, officers, directors, agents, and contractors (collectively, the "Indemnified Parties") against, and hold the
Indemnified Parties harmless from, any and all claims, actions,
causes of action (regardless of the form of action or the theories of liability); losses; actual, direct, indirect, special, punitive,
exemplary, incidental, consequential, and other damages, including but not limited to loss of revenue or income, pain and
suffering, and/or emotional distress; and awards, judgments, fines, costs, expenses, and attorneys fees, including but not
limited to those of the Indemnified Parties (any of the foregoing, a "Claim"), arising from or otherwise relating to any hearing
loss or damage and/or any of the other serious medical conditions referenced in the preceding paragraph and/or arising
from or otherwise relating to the use of earphones or headphones purchased by you on jaybirdgear.com. You agree that
the Indemnified Parties will have no liability in connection with any such damage, injury, conditions, or Claims, and you
agree not to bring any legal or other actions or proceedings against or otherwise hold any Indemnified Party liable or
responsible for any such damage, injury, conditions, or Claims.

MISCELLANEOUS

Specifications and descriptions are estimates but are not guaranteed and are subject to change without notice. We reserve
the right to furnish materially equivalent substitutes for products which cannot be obtained in sufficient quantities or to
cancel the excess portion of the order. We shall not be in default if our performance is delayed or rendered impossible by
acts of God, war, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, other industrial
disturbances, or any other cause beyond our reasonable control. We may revise or modify products, product information, or
pricing without notice. We are not responsible for any typographic, facsimile, or printing errors.

You represent and warrant that you have read and understood our Privacy Policy, which Jaybird may change, modify, or
delete without notice. You agree to be bound by the Terms of Use of this site, which Jaybird may change, modify, or delete
without notice. It is your obligation to check the most current versions of our Privacy Policy and Terms of Use regularly.

You represent and warrant that you are at least 18 years of age, that you are familiar with the laws and regulations, if any, in
the place you live relating to the purchase, possession, use, and sale of electronics equipment, and that you know of no legal
requirement prohibiting you from purchasing, possessing, using, or selling any such equipment.

You agree to use all products safely and legally and to defend and indemnify the Indemnified Parties against, and hold
them harmless from, any and all Claims incurred by them or asserted, awarded, or otherwise imposed against them arising
from or relating to your failure to do so and/or your removal, disabling, alteration, or covering of any safety features or
warnings on any products (any such act, an "Alteration"). You agree not to bring any legal proceedings against or otherwise
hold any Indemnified Party liable or responsible for any damage, death, or injury suffered by you, any other person, or any
property, resulting from your failure to use products safely and legally and/or from any Alterations.

The prevailing party in any action or other proceeding brought with respect to these Terms shall be entitled to recover, in
addition to any other relief, its costs, reasonable attorneys fees, and other collection expenses. EACH PARTY IRREVOCABLY
WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY AND ALL ACTIONS OR PROCEEDINGS BROUGHT UNDER OR WITH RESPECT TO
THESE TERMS.

These Terms shall be governed and interpreted pursuant to the laws of the Utah, without regard to any principles of conflicts
of laws. The Convention on Contracts for the International Sale of Goods shall not apply. You irrevocably consent to personal
jurisdiction in Utah in connection with any dispute between you and Jaybird arising out of or relating to these Terms. The
exclusive venue for any dispute between the parties arising out of or relating to these Terms will be the state and federal
courts in Salt Lake County, Utah. If a court of competent jurisdiction finds any provision of these Terms to be void, invalid,
illegal or unenforceable, the provision will be limited, modified, or if necessary severed, to the extent required to eliminate
such problem, and all other provisions shall continue in full force and effect.

These Terms shall be binding upon and inure to the benefit of the successors, heirs, devisees, personal representatives, and
permitted assigns of the parties.

These Terms constitute the entire agreement between the parties relating to the subject matter hereof and supersede all
prior written and oral communications, agreements, representations, warranties, statements, negotiations, understandings,
and proposals, with respect thereto. To the extent that any purchase order, confirmation, or the like is inconsistent with these
Terms, these Terms will govern unless expressly agreed otherwise in a writing that expressly states that it supersedes these
Terms in a specified manner and is signed by you and an authorized representative of Jaybird.