Martin Dzuris d/b/a Martin Dzuris Live owns and operates this website
(hereafter, the "Martin Dzuris Live Website", "Martin Dzuris Live", "Martin
Dzuris", "The Martin Dzuris Live Radio Show", which shall also include any
other websites or programming owned or operated by Martin Dzuris, services
related to such operation, or any communications related to Martin Dzuris).
All references hereafter to Martin Dzuris Live shall include Martin Dzuris,
and, where appropriate, its employees, officers, directors, investors,
agents, consultants, assignees, affiliates, partners, contractors,
attorneys, accountants, advertisers, and any and all other individuals and
organizations providing services on behalf of Martin Dzuris Live.
YOU MAY NOT USE MARTIN DZURIS LIVE WEBSITE FOR ANY
PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY
APPLICABLE ADDITIONAL TERMS.
Changes to this Agreement
This Agreement is effective as of August 13, 2006. Martin Dzuris Live
reserves the right, in its sole discretion, to modify, alter, or otherwise
change this Agreement and/or the Additional Terms at any time. Martin Dzuris
Live will provide notice of such change on this Martin Dzuris Live Website.
Please review this Agreement and/or Additional Terms periodically for
changes. Your continued use of the Martin Dzuris Live Website constitutes
your acceptance and agreement to be bound by these changes without
limitation, qualification or change. If at any time you do not accept these
changes, you must immediately discontinue use of this Martin Dzuris Live
Website to which the changes may apply.
Fees
Except where otherwise provided, access to and use of this Martin Dzuris
Live Website offered through this site are currently available without
charge. Martin Dzuris Live reserves the right to charge a fee for access to
or use of this Martin Dzuris Live Website, or any Martin Dzuris website
available on this Martin Dzuris Live Website at any time in the future. Your
access to or use of this Martin Dzuris Live Website before such time does
not entitle you to use of this Martin Dzuris Live Website without charge in
the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR
THROUGH THIS MARTIN DZURIS LIVE WEBSITE AND/OR THE MARTIN DZURIS LIVE RADIO
SHOW IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS,
SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR
AVAILABLE THROUGH THIS MARTIN DZURIS LIVE WEBSITE AND/OR THE MARTIN DZURIS
LIVE RADIO SHOW ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.
MARTIN DZURIS LIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE
INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARTIN DZURIS LIVE DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD
PARTIES. MARTIN DZURIS LIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
THAT THIS MARTIN DZURIS LIVE WEBSITE WILL OPERATE ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR
ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. MARTIN
DZURIS LIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS MARTIN DZURIS
LIVE WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES,
INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
MARTIN DZURIS LIVE IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER
ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET
CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN
OR TECHNICAL IN NATURE.
Links
This Martin Dzuris Live Website may contain links to websites operated by
third parties. Martin Dzuris Live does not monitor or control the linked
sites and makes no representations regarding, and is not liable or
responsible for the accuracy, completeness, timeliness, reliability or
availability of, any of the content uploaded, displayed, or distributed, or
products, or services available at these sites. If you choose to access any
third party site, you do so at your own risk. The presence of a link to a
third-party site does not constitute or imply Martin Dzuris Live’s
endorsement, sponsorship, or recommendation of the third party or of the
content, products, or services contained on, or available through, the site.
Third-Party Merchants
This Martin Dzuris Live Website may enable you to order and receive
products, information and services from businesses that are not owned or
operated by Martin Dzuris Live. The purchase, payment, warranty, guarantee,
delivery, maintenance, and all other matters concerning the merchandise,
services or information, opinion or advice ordered or received from such
businesses are solely between you and such businesses. Martin Dzuris Live
does not endorse, warrant, or guarantee such products, information, or
services, and is not liable for the accuracy, completeness, or usefulness of
such information or the quality of availability of such products or
services. Martin Dzuris Live will not be a party to or in any way
responsible for monitoring any transaction between you and third-party
providers of such products, services, or information, or for ensuring the
confidentiality of your credit card information. Any separate charges or
obligations you incur in your dealings with these third parties are your
responsibility and are not part of the fee, if any, charged for the Martin
Dzuris Live.
Modification/Termination by Clear Channel
Martin Dzuris Live reserves the right, in its sole discretion, to modify,
suspend, or terminate this Martin Dzuris Live Website and/or any portion
thereof.
Limitations on Liability
In no event shall Martin Dzuris Live and/or The Martin Dzuris Live Radio
Show, its subsidiaries, affiliates, distributors, suppliers, licensors,
agents or others involved in creating, sponsoring, promoting, or otherwise
making available the Martin Dzuris Live Website and its contents, be liable
to any person or entity whatsoever for any direct, indirect, incidental,
special, compensatory, consequential, or punitive damages or any damages
whatsoever, including but not limited to: (i) loss of goodwill, profits,
business interruption, data or other intangible losses; (ii) your inability
to use, unauthorized use of, performance or non-performance of the Martin
Dzuris Live Website; (iii) unauthorized access to or tampering with your
personal information or transmissions; (iv) the provision or failure to
provide any service; (v) errors or inaccuracies contained on the Martin
Dzuris Live Website or any information, software, products, services, and
related graphics obtained through the Martin Dzuris Live Website; (vi) any
transactions entered into through this Martin Dzuris Live Website; (vii) any
property damage including damage to your computer or computer system caused
by viruses or other harmful components, during or on account of access to or
use of this Martin Dzuris Live Website or any site to which it provides
hyperlinks; or (viii) damages otherwise arising out of the use of the Martin
Dzuris Live Website. The limitations of liability shall apply regardless of
the form of action, whether based on contract, tort, negligence, strict
liability or otherwise, even if Martin Dzuris Live has been advised of the
possibility of damages.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
FAILURE OF PERFORMANCE, NEGLIGENCE, OR FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT MARTIN DZURIS LIVE IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USERS OF MARTIN DZURIS LIVE OR ANY
CLAIM FOR VIOLATION OF PUBLICITY OR PRIVACY RIGHTS.
Indemnification
You agree to indemnify and hold Martin Dzuris Live and/or The Martin
Dzuris Live Radio Show, its employees, officers, directors, investors,
agents, consultants, assignees, affiliates, partners, contractors,
attorneys, accountants, advertisers, and any and all other individuals and
organizations providing services on behalf of Martin Dzuris Live harmless
from all claims, liabilities, losses, damages, and expenses (including
attorneys' fees and expenses) arising out of or relating to (a) your use of
any parts of the Martin Dzuris Live Website, Martin Dzuris Live Website
Materials or related services or any information posted by you on the Martin
Dzuris Live Website; (b) your use of any Submitted Materials, products or
services offered by third-parties through the Martin Dzuris Live Website,
including without limitation any damage to any software or hardware as a
result of any viruses; (c) your download and/or use of any of the software
available for download through any part of the Martin Dzuris Live Website;
(d) your alleged breach of this Agreement; or (e) the suspension or
termination of your Membership as provided in this Agreement.
Email and Contact
Questions or comments sent to the show might be read on the air or featured
on Martin Dzuris Live Website or made public at our sole discretion. We
reserve the right to edit emails used on the air for length, suitability and
clarity. Emailing or contacting Martin Dzuris does not guarantee that you
will receive a response or be featured in Martin Dzuris Live's programming
or website.
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