Effective as of September 9, 2021.

Welcome to  Ears 4 Listening  (the "Service"). The following Terms of  Use apply when you view or use the Service located at:  http://www.ears4listening.com. Please review the following terms  carefully. By accessing or using the Service, you signify your agreement  to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service. 

PRIVACY POLICY

The company respects the privacy of its Service users. Please refer  to the Company's Privacy Policy which explains how we collect, use, and  disclose information that pertains to your privacy. When you access or  use the Service, you signify your agreement to this Privacy Policy.

REGISTRATION;   RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 16 years old  to register for and use the Service.

If you are a user who signs up for the Service, the company will  create a personalized account, which includes a unique username and a  password to access the Service and allow you to receive messages from  the Company. You agree to notify us immediately of any unauthorized use  of your password and/or account. The Company will not be responsible for  any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS.

Your permission to use the Site is conditioned upon the following Use  Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

• post any information that is abusive, threatening, obscene,  defamatory, libelous, or racially, sexually, religiously, or otherwise  objectionable and offensive;
• use the service for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another user's account without permission;
• provide false or inaccurate information when registering an account;
• interfere or attempt to interfere with the proper functioning of the Service;
• make any automated use of the system, or take any action that we  deem to impose or to potentially impose an unreasonable or  disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to  restrict access to the Service or use any software, technology, or  device to scrape, spider, or crawl the Service or harvest or manipulate  data; or
• publish or link to malicious content intended to damage or disrupt another user's browser or computer.

POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to  provide ("User Content"). You are solely responsible for the User  Content that you post, upload, link to or otherwise make available via  the Service. You agree that we are only acting as a passive conduit for  your online distribution and publication of your User Content. The  Company, however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and  submitting any User Content while using the Service, you agree as follows:

• You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
• You will not post information that is malicious, false or inaccurate;
• You will not submit content that is copyrighted or subject to  third party proprietary rights, including privacy, publicity, trade  secret, etc., unless you are the owner of such rights or have the  appropriate permission from their rightful owner to specifically submit  such content; and
• You hereby affirm we have the right to determine whether any of  your User Content submissions are appropriate and comply with these  Terms of Service, remove any and/or all of your submissions, and  terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that  occurs as a result of the use of any User Content that you make  available or access through your use of the Service is solely your  responsibility. The Company is not responsible for any public display or  misuse of your User Content. The Company does not, and cannot,  pre-screen or monitor all User Content. However, at our discretion, we,  or the technology we employ, may monitor and/or record your interactions with the Service.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content  made available through the Service, but not directly by the Company,  are those of their respective authors, and should not necessarily be  relied upon. Such authors are solely responsible for such content. The  Company does not guarantee the accuracy, completeness, or usefulness of  any information on the Service and neither does the Company adopt nor  endorse, nor is the Company responsible for the accuracy or reliability  of any opinion, advice, or statement made by parties other than the  Company. The Company takes no responsibility and assumes no liability  for any User Content that you or any other user or third party posts or  sends over the Service. Under no circumstances will the Company be  responsible for any loss or damage resulting from anyone's reliance on  information or other content posted on the Service, or transmitted to users.

Though the Company strives to enforce these Terms of Use, you may be  exposed to User Content that is inaccurate or objectionable. The Company  reserves the right, but has no obligation, to monitor the materials  posted in the public areas of the service or to limit or deny a user's  access to the Service or take other appropriate action if a user  violates these Terms of Use or engages in any activity that violates the  rights of any person or entity or which we deem unlawful, offensive,  abusive, harmful or malicious. The Company shall have the right to  remove any such material that in its sole opinion violates, or is  alleged to violate, the law or this agreement or which might be  offensive, or that might violate the rights, harm, or threaten the  safety of users or others. Unauthorized use may result in criminal  and/or civil prosecution under the law. If you become aware of misuse of  our Service, please contact us at http://www.ears4listening.com.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, the Company may provide you with convenient  links to third party website(s) ("Third Party Sites") as well as content  or items belonging to or originating from third parties (the "Third  Party Applications, Software or Content"). These links are provided as a  courtesy to Service subscribers. The Company has no control over Third  Party Sites and Third Party Applications, Software or Content or the  promotions, materials, information, goods or services available on these  Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content  are not investigated, monitored or checked for accuracy,  appropriateness, or completeness by the Company, and the Company is not  responsible for any Third Party Sites accessed through the Site or any  Third Party Applications, Software or Content posted on, available  through or installed from the Site, including the content, accuracy,  offensiveness, opinions, reliability, privacy practices or other  policies of or contained in the Third Party Sites or the Third Party  Applications, Software or Content. Inclusion of, linking to or  permitting the use or installation of any Third Party Site or any Third  Party Applications, Software or Content does not imply approval or  endorsement thereof by the Company. If you decide to leave the Site and  access the Third Party Sites or to use or install any Third Party  Applications, Software or Content, you do so at your own risk and you  should be aware that our terms and policies no longer govern. You should  review the applicable terms and policies, including privacy and data  gathering practices, of any site to which you navigate from the Site or  relating to any applications you use or install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringe Accounts. The Company respects the  intellectual property rights of others and requests that the users do  the same. The Company has adopted and implemented a policy that provides  for the termination in appropriate circumstances of users of the  Service who are repeat infringers The Company may terminate access for  participants or users who are found repeatedly to provide or post  protected third party content without necessary rights and permissions.

(b) Take-Down Notices. If you are a copyright owner or an agent  thereof and believe, in good faith, that any materials provided on the  Service infringe upon your copyrights, you may submit a notification  pursuant by sending the following information in writing to the  Company's designated copyright agent at Ears 4 Listening:

1. The date of your notification;
    
2. A Physical or electronic signature of a person authorized to act  on behalf of the owner of an exclusive right that is allegedly  infringed;
    
3. A description of the copyrighted work claimed to have been  infringed, or, if multiple copyrighted works at a single online site are  recovered by a single notification, a representative list of such works  at that site;
    
4. A description of the material that is claimed to be infringing or  to be the subject of infringing activity and information sufficient to  enable us to locate such work;
    
5. Information reasonably sufficient to permit the service provider  to contact you, such as an address, telephone number, and/or email  address;
    
6. A statement that you have a good faith belief that use of the  material in the manner complained of is not authorized by the copyright  owner, its agent, or the law; and
    
7. A statement that the information in the notification is accurate,  and under penalty of perjury, that you are authorized to act on behalf  of the owner of an exclusive right that is allegedly infringed.    

(c) Counter-Notices. If you believe that your User Content that has  been removed from the Site is not infringing, or that you have the  authorization from the copyright owner, the copyright owner's agent, or  pursuant to the law, to post and use the content in your User Content,  you may send a counter-notice containing the following information to  our copyright agent using the contact information set forth above:

1. Your physical or electronic signature;
    
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
    
3. A statement that you have a good faith belief that the content was  removed as a result of mistake or a misidentification of the content;  and
    
4. Your name, address, telephone number, and email address, a  statement that you consent to the laws of California and a statement  that you will accept service of process from the person who provided  notification of the alleged infringement.    

If a counter-notice is received by the Company copyright agent, the  Company may send a copy of the counter-notice to the original  complaining party informing such person that it may reinstate the  removed content in 10 business days. Unless the copyright owner files an  action seeking a court order against the content provider, member or  user, the removed content may (in the Company's discretion) be  reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and  you represent and warrant that you have a right to grant, to the  Company a royalty-free, sub licensable, transferable, perpetual,  irrevocable, non-exclusive, worldwide license to use, reproduce, modify,  publish, list information regarding, edit, translate, distribute,  publicly perform, publicly display, and make derivative works of all  such User Content and your name, voice, and/or likeness as contained in  your User Content, if applicable, in whole or impart, and in any form,  media or technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership  of all intellectual property rights of any kind related to the Service,  including applicable copyrights, trademarks and other proprietary  rights. Other product and business names that are mentioned on the  Service may be trademarks of their respective owners. We reserve all  rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE  

Communications made through the Service's e-mail and messaging  system, will not constitute legal notice to the Company or any of its  officers, employees, agents or representatives in any situation where  notice to the Company is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications  from the Company in an electronic form via the email address you have  submitted; and (b) agree that all Terms of Use, agreements, notices,  disclosures, and other communications that the Company provides to you  electronically satisfy any legal requirement that such communications  would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages,  including information about the Company and special offers. You may opt  out of such email by changing your account settings or sending an email  to Ears 4 Listening.

Opting out may prevent you from receiving messages regarding the Company or Special Offers. 

WARRANTY 

THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.  WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL  WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE  INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS  FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND  NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO  WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE  WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND  RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES,  INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME  JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS  PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE  COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR  PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR  ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,  HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF  YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C)  THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE  AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER  USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT  (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE  COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN  IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL  PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF  LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users or a merchant of a  product or service that you review using the Service, you release us  (and our officers, directors, agents, subsidiaries, joint ventures and  employees) from claims, demands and damages (actual and consequential)  of every kind and nature, known and unknown, arising out of or in any  way connected with such disputes.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these  Terms of Use in the event of any such amendments. It is your sole  responsibility to check the Site from time to time to view any such  changes in the Agreement. If you continue to use the Site, you signify  your agreement to our revisions to these Terms of Use. However, we will  notify you of material changes to the terms by posting a notice on our  homepage and/or sending an email to the email address you provided to us  upon registration. For this additional reason, you should keep your  contact and profile information current. Any changes to these Terms or  waiver of the Company's rights hereunder shall not be valid or effective  except in a written agreement bearing the physical signature of an  officer of the Company. No purported waiver or modification of this  Agreement by the Company via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that  portion of the Agreement will be construed consistent with applicable  law. The remaining portions will remain in full force and effect. Any  failure on the part of the Company to enforce any provision of this  Agreement will not be considered a waiver of our right to enforce such  provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your  relationship with the Company must commence within ONE year after the  cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the laws of  California, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Service and/or the  Company's Privacy Policy, in whole or in part, to any person or entity  at any time with or without your consent. You may not assign or delegate  any rights or obligations under the Terms of Service or Privacy Policy  without the Company's prior written consent, and any unauthorized assignment and delegation by you is void.

YOU  ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS  OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER  ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT  http://www.ears4listening.com REPRESENT THE COMPLETE AND EXCLUSIVE  STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY  PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER  COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

This web page represents a legal document that serves as our Terms of  Service and it governs the legal terms of our website,  http://www.ears4listening.com, sub-domains, and any associated web-based  and mobile applications (collectively, "Website"), as owned and  operated by Ears 4 Listening. Capitalized terms, unless otherwise defined, have the meaning  specified within the Definitions section below. This Terms of Service,  along with our Privacy Policy, any mobile license agreement, and other  posted guidelines within our Website, collectively "Legal Terms",  constitute the entire and only agreement between you and Ears 4  Listening, and supersede all other agreements, representations,  warranties and understandings with respect to our Website and the  subject matter contained herein. We may amend our Legal Terms at any  time without specific notice to you. The latest copies of our Legal  Terms will be posted on our Website, and you should review all Legal  Terms prior to using our Website. After any revisions to our Legal Terms  are posted, you agree to be bound to any such changes to them.  Therefore, it is important for you to periodically review our Legal  Terms to make sure you still agree to them. By accessing this website, you are agreeing to be bound by these   Website Terms and Conditions of Use, all applicable laws and  regulations, and agree that you are responsible for compliance with any  applicable local laws. If you do not agree with any of these terms, you  are prohibited from using or accessing this site. The materials  contained in this  Website are protected by applicable copyright and  trademark law. The last update to our Terms of Service was posted on August 16, 2021.Definitions The terms "us" or "we" or "our" refers to Ears 4 Listening, the owner of the Website. A "Visitor" is someone who merely browses our Website, but has not registered as Member. A "Member" is an individual that has registered with us to use our Service. Our "Service" represents the collective functionality and features as offered through our Website to our Members. A "User" is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content". Use License

1. Permission is granted to temporarily download one copy of the  materials (information or software) on Ears 4 Listening’s  Website for  personal, non-commercial transitory viewing only. This is the grant of a  license, not a transfer of title, and under this license you may not:     
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Ears 4 Listening’s website;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of  these restrictions and may be terminated by Ears 4 Listening at any  time. Upon terminating your viewing of these materials or upon the  termination of this license, you must destroy any downloaded materials  in your possession whether in electronic or printed format.

Restricted Uses Listing of offered products on the Website could be used only for lawful  purposes by Users of the Website. You could not frame or utilize  framing techniques to enclose any hallmark, logo, copyrighted image, or  most proprietary details (consisting of images, text, page layout, or  type) of Ears 4 Listening without express composed consent. You might  not use any meta tags or any various other "unseen text" utilizing Ears 4  Listening's name or trademarks without the express written consent of  Ears 4 Listening. You agree not to offer or modify any content found on  the Website consisting of, however not limited to, names of Users and  Content, or to recreate, display, openly perform, distribute, or  otherwise make use of the Material, in any way for any public function,  in connection with services or products that are not those of Ears 4  Listening, in other way that is likely to trigger confusion among  consumers, that disparages or challenges Ears 4 Listening or its  licensors, that dilutes the strength of Ears 4 Listening's or its  licensor's residential property, or that otherwise infringes Ears 4  Listening's or its licensor's copyright rights. You also agree to  abstain from abusing any of the material that appears on the Site.  The  use of the Material on any other website or in a networked computer  system environment for any purpose is prohibited. Any code that Ears 4  Listening develops to generate or show any Material of the pages making  up the Website is likewise secured by Ears 4 Listening's copyright, and  you may not copy or adjust such code. Ears 4 Listening has no duty to keep track of any products published,  transferred, or connected to or with the Site. If you think that  something on the Website breaches these Terms please contact our marked  representative as set forth below. If alerted by a User of any products which allegedly do not conform  to these Terms, Ears 4 Listening could in its single discernment explore  the allegation and figure out whether to take other actions or ask for  the removal or get rid  of the Content. Ears 4 Listening has no  liability or duty to Individuals for efficiency or nonperformance of  such activities. Electronic Communication You are connecting with us electronically when you go to the Website or  send out emails to us. You consent to get interactions from us online.  We will connect with you by email or by uploading notifications on the  Site. Your Account If you utilize the Website, you are accountable for maintaining the  confidentiality of your account and password and you accept  responsibility for all activities that happen under your account and  password. You also accept not to reveal any personally identifiable  information, consisting of, however not limited to, first and last  names, credentials, or various other details of a personal nature  ("Personal Data")  from the Site. Your disclosure of any Personal Data  on the website might result in the immediate termination of your  account. Ears 4 Listening additionally reserves the right to refuse  service, terminate accounts, and remove or edit Content at its sole  discernment. Ears 4 Listening does not guarantee the truthfulness, precision, or  dependability of Content on the site, consisting of Personal Data. Each  Individual is accountable for upgrading and changing any pertinent  account info when essential to preserve the truthfulness, precision, or  reliability of the details. Reviews, Comments, and Other Material Registered Users of the Website might post evaluations and remarks of a  product and services purchased by means of the Website, so long as the  Material is not unlawful, profane, threatening, defamatory, an invasive  of privacy, infringing of intellectual property rights, or otherwise  injurious to third parties or objectionable and does not include  industrial solicitation, mass mailings, or any type of "spam." You may  not use another User's account to impersonate a User or entity, or  otherwise deceive as to the origin of the opinions. Ears 4 Listening  reserves the right (however is not bound) to eliminate or modify such  Material, but does not regularly examine posted Material. If you post an evaluation or send comments, and unless Ears 4  Listening suggests otherwise, you grant Ears 4 Listening a nonexclusive,  royalty-free, permanent, irrevocable, and completely sublicensable  right to utilize, recreate, modify, adjust, release, equate, create  derivative works from, distribute, and screen such content throughout  the world, in any media. You grant Ears 4 Listening and sublicenses the  right to utilize your name in connection with such Material, if they  choose. You represent and require that You own or otherwise control all  the rights to the content that You post; that the content is accurate;  that use of the content You supply does not violate this policy and will  not trigger injury to anyone or entity; which You will indemnify Ears 4  Listening for all claims resulting from Content You supply. Ears 4  Listening has the right but not the commitment to edit and keep track of  or eliminate any task or Material. Ears 4 Listening takes no duty and  assumes no liability for any content published by You or any 3rd party. Legal Compliance You agree to comply with all  applicable domestic and international laws, statutes, ordinances, and  regulations regarding your use of our Website. Ears 4 Listening reserves  the right to investigate complaints or reported violations of our Legal  Terms and to take any action we deem appropriate, including but not  limited to canceling your Member account, reporting any suspected  unlawful activity to law enforcement officials, regulators, or other  third parties and disclosing any information necessary or appropriate to  such persons or entities relating to your profile, email addresses,  usage history, posted materials, IP addresses and traffic information,  as allowed under our Privacy Policy. Intellectual Property Our Website may contain our  service marks or trademarks as well as those of our affiliates or other  companies, in the form of words, graphics, and logos. Your use of our  Website does not constitute any right or license for you to use such  service marks/trademarks, without the prior written permission of the  corresponding service mark/trademark owner. Our Website is also  protected under international copyright laws. The copying,  redistribution, use or publication by you of any portion of our Website  is strictly prohibited. Your use of our Website does not grant you  ownership rights of any kind in our Website. Revisions and Errata. The materials appearing on Ears 4 Listening’s  Website could include  technical, typographical, or photographic errors. Ears 4 Listening does  not warrant that any of the materials on its  Website are accurate,  complete, or current. Ears 4 Listening may make changes to the materials  contained on its Website at any time without notice. Ears 4 Listening  does not, however, make any commitment to update the materials. Disclaimer -The materials on Ears 4 Listening's Website are provided "as is" Ears 4 Listening makes no warranties, expressed or implied, and hereby disclaims and  negates all other warranties, including without limitation, implied  warranties or conditions of merchantability, fitness for a particular  purpose, or non-infringement of intellectual property or other violation  of rights. Furthermore, Ears 4 Listening does not warrant or  make any representations concerning the accuracy, likely results, or  reliability of the use of the materials on its Internet Website or  otherwise relating to such materials or on any sites linked to this  site.      The Website serves as a venue for Individuals to purchase distinct  service or products. Neither Ears 4 Listening nor the Website has  control over the quality or fitness for a particular function of a  product. Ears 4 Listening likewise has no control over the accuracy,  reliability, completeness, or timeliness of the User-submitted details  and makes no representations or warranties about any info on the Site. THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING  SOFTWARE APPLICATION) AND SERVICES LISTED ON OR OTHERWISE MADE  AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY Ears 4 Listening  ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN  WRITING. Ears 4 Listening MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY  KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS WEBSITE OR THE  INFO,  MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES LISTED ON OR  OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE  POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS  WEBSITE IS AT YOUR OWN RISK.TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Ears 4  Listening DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT  NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL  FITNESS FOR A PARTICULAR PURPOSE. Ears 4 Listening DOES NOT WARRANT THAT  THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE  APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO  YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Ears 4 Listening  ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Ears 4 Listening WILL NOT  BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE  WEBSITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING  SOFTWARE APPLICATION) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE  TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,  INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE  POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Ears 4 Listening'S  LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE  OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT,  TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.Links to Other Websites Our Website may contain  links to third party websites. These links are provided solely as a  convenience to you. By linking to these websites, we do not create or  have an affiliation with, or sponsor such third party websites. The  inclusion of links within our Website does not constitute any  endorsement, guarantee, warranty, or recommendation of such third party  websites. Ears 4 Listening has no control over the legal documents and  privacy practices of third party websites; as such, you access any such  third party websites at your own risk. Site Terms of Service Modifications - Ears 4 Listening may revise these Terms of Service for its  Website at  any time without notice. By using this  Website you are agreeing to be  bound by the then current version of these Terms and Conditions of Use. Governing Law-Any claim relating to Ears 4 Listening’s Website shall be governed by  the laws of California without regard to its conflict of law provisions,  and You consent to exclusive jurisdiction and venue in such courts. Indemnity - You accept defend, indemnify, and hold safe Ears 4 Listening,  its affiliates, and their corresponding officers, directors, agents and  workers, from and against any claims, actions or demands, including  without limitation affordable legal, accounting, and other provider  charges, affirming or resulting from (i) any Content of most material  You offer to the Site, (ii) Your use of any Content, or (iii) Your  breach of the terms of these Terms. Ears 4 Listening will provide notice  to You promptly of any such claim, match, or case. General Terms - Our Legal Terms shall be treated as  though it were executed and performed in California and shall be  governed by and construed in accordance with the laws of California  without regard to conflict of law principles. In addition, you agree to  submit to the personal jurisdiction and venue of such courts. Any cause  of action by you with respect to our Website, must be instituted within  one (1) year after the cause of action arose or be forever waived and  barred. Should any part of our Legal Terms be held invalid or  unenforceable, that portion shall be construed consistent with  applicable law and the remaining portions shall remain in full force and  effect. To the extent that any Content in our Website conflicts or is  inconsistent with our Legal Terms, our Legal Terms shall take  precedence. Our failure to enforce any provision of our Legal Terms  shall not be deemed a waiver of such provision nor of the right to  enforce such provision. The rights of Ears 4 Listening under our Legal  Terms shall survive the termination of our Legal Terms.