DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY EARHUSTLE411.COM
THIS SITE IS PROVIDED BY EARHUSTLE411.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. EARHUSTLE411.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION EARHUSTLE411.COM OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EARHUSTLE411.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EARHUSTLE411.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EARHUSTLE411.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EARHUSTLE411.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WITHOUT LIMITING THE FOREGOING, EARHUSTLE411.COM, ITS LICENSORS, AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
1. THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF EARHUSTLE411.COM.
2. THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON EARHUSTLE411.COM.
IN ADDTION, NO ORAL ADVICE OR WRITTEN INFORMATION TRANSMITTED OR COMMUNICATED BY EARHUSTLE411.COM, OWNERS, ANY AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. YOU AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH EARHUSTLE411.COM, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF EARHUSTLE411.COM OR ANY MATERIAL, INFORMATION OR PRODUCTIONS FOUND ON OR ASSOCIATED WITH EARHUSTLE411.COM.
OUR SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER EARHUSTLE411.COM NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, NUTRITIONAL, FITNESS, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless Earhustle411.com, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to EarHustle411and against all losses, injuries, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you. Earhustle411.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with EarHustle411.com in asserting any available defenses.
EarHustle411.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does EarHustle411.com endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of EarHustle411.com.
EXTERNAL LINKS DISCLAIMER
EarHustle411.com routinely contains links to external, third party websites. By providing links to other sites, EarHustle411.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to EarHustle411.com.
EarHustle411.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to EarHustle411.com assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
STANDARD CONTEST RULES
The following are the official rules for all contests/sweepstakes/giveaways on EarHustle411.com, if any, unless otherwise noted.
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
All winners must be 18 years of age or older, unless otherwise stated and/or posted.
Winners of random email, Twitter, or other contests will be chosen at random from emails, tweets, or other requested responses received. Entrants must send entries using the correct contest entry email address, subject line, and/or any other specific entry information and mode requested in the contest announcement. EarHustle411.com is not responsible for and will not consider incomplete or incorrect entries, or emails, tweets, or other modes of requested responses sent but not received by EarHustle411.com for any reason, as potential contest winners. Winners of all contests will be contacted at the “sender” email address used to enter the contest, and the person receiving and replying to the winner announcement email or notification will be considered the winner. Only one entry per email address or twitter handle used to send the email, tweet, or other mode of requested response will be considered for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple email addresses or twitter handles.
By participating in any contest or sweepstakes offered on the website, you release EarHustle411.com, the sponsor of the contest/sweepstakes/giveaway and their subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and all other associated with the development and execution of any contest or sweepstakes, from any and against any and all injury, loss, or damage caused or claimed to be caused by your participation in the contest or sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that these entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize. You hereby agree to hold EarHustle411.com and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on EarHustle411.com, or any other use authorized under these Terms, of any photo or information submitted to the website by you.
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. If the specified prize becomes unavailable due to unforeseen circumstances EarHustle411.com may substitute a prize of like or equal value. EarHustle411.com reserves the right to alter any rules of any contest at any time.
EarHustle411.com may launch contests requiring entrants to send in photo, text or other content for display on the website which will be judged entirely at the sole discretion of EarHustle411.com. By submitting any photo or information to PerezHilton.com, you hereby grant to EarHustle411.com and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition, the rights granted to EarHustle411.com includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo.
By submitting any photo or information to EarHustle411.com, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to EarHustle411.com herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You acknowledge and agree that EarHustle411.com shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to the website.
You understand and intend that any photo or information submitted by you to EarHustle411.com may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to the website. By submitting any photo or information to EarHustle411.com, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to the website. Photos or information submitted by you to the website shall be the property of EarHustle411.com, EarHustle411.com shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.
By visiting EarHustle411.com, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EarHustle411.com or its affiliates.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential arbitration in Chicago, Illinois Cook County before one (1) arbitrator. The arbitration shall be initiated and conducted according to the Laws of the State of Illinois. Any process or notice of motion or other application to the Court or the judge thereof may be served by certified or registered mail, return receipt requested. The prevailing party shall be awarded costs and reasonable attorney’s fees associated with the arbitration
The arbitration will be conducted in private, and will not be open to the public or the media. No matter relating to the arbitration, including, without limitation, the nature of the dispute, testimony, evidence or result may be made public, reported to any news agency or publisher or disclosed to a party not involved in the arbitration. Since a public hearing or arbitration arising hereunder might cause disclosure of confidential information contrary to the intent of the parties, the parties hereby stipulate that, in the event there is litigation or arbitration arising out of this Agreement, all Proprietary Information or other confidential information, including the terms and conditions of this Agreement, shall be filed under seal and the court or the arbitrator(s) may issue a protective order restricting the disclosure and limiting the use of such information to any such proceedings.
- There are no copyright markings or other indications on the images to indicate that they were copyrighted or otherwise restricted, AND
- The records of the U.S. Copyright Office do not indicate any copyright registration, AND
- The acquisition paperwork for the collection does not contain any evidence of any restrictions, AND
- Images from the collection have been used and published extensively without anyone stepping forward to claim rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Return Policy and Privacy Notice, posted on this site. These policies also govern your visit to EarHustle411.com We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Your continued use of the site will be deemed as irrevocable acceptable of any revisions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition