Acceptance of the Terms and Conditions
By viewing this website, submitting a product or service review, or by participating in the Hoosays Drawing, you agree to comply with these Drawing Rules and these Terms and Conditions (collectively “Terms and Conditions”). These Terms and Conditions apply to all users of this website, including users who are contributors of Drawing entries, product or service reviews, or other visitors. You further acknowledge that you are eligible to participate in the Drawing and willing and capable of meeting the acceptance requirements set forth in these Terms and Conditions. You further acknowledge that the information provided in the Entry Form is current and accurate and may be utilized by Hoosays to contact you should you be chosen as the Winner, consistent with the acceptance deadlines set forth in these Terms and Conditions. These Terms and Conditions contain disclaimers of liability which you should read carefully. Your only remedy for dissatisfaction with this site is to stop using it. Hoosays may modify these Terms and Conditions at any time and these modifications will be effective immediately upon posting. Therefore, you agree to review these Terms and Conditions periodically to be aware of any modifications. By using the Hoosays site, you agree to be bound by the Terms and Conditions as they appear at the time of your access or use. If you do not agree to any of these Terms and Conditions, please exit this website.

User Submissions of Product or Service Reviews
The hoosays.com website permits the submission of communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions solely for the purpose of reviewing the products and services of businesses and other service providers who utilize the hoosays.com site. You understand that whether or not such User Submissions are published, Hoosays does not guarantee any confidentiality with respect to any submissions. You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. You also agree that you will not upload any copyrighted material to this website without the written consent of the copyright holder. You agree that you will not post or transmit information or materials that would violate rights of any third party or which contain a virus or other harmful component. Hoosays reserves the right to remove any messages or material submitted by users. Hoosays is not responsible for material submitted to the website by website users. By submitting information to the hoosays.com website, you grant Hoosays permission to use any information, suggestions, ideas, drawings or concepts that you communicate without any compensation to you whatsoever. In connection with User Submissions, you affirm, represent and/or warrant that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant Hoosays all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Hoosays or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to hoosays.com, you hereby grant Hoosays a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the website, the Drawing and Hoosays’ (and its successor's) business, including without limitation for promoting and redistributing part or all of the hoosays.com website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the hoosays.com website a non-exclusive license to access your User Submissions through the website. The foregoing license granted by you terminates once you remove or delete a User Submission from the hoosays.com website. Hoosays does not endorse any User Submission or any opinion, recommendation, review or advice expressed therein, and Hoosays expressly disclaims any and all liability in connection with User Submissions. Hoosays does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Hoosays will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Hoosays reserves the right to remove Content and User Submissions without prior notice. Hoosays also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Hoosays may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion. You understand that when using the website, you will be exposed to User Submissions from a variety of sources, and that Hoosays is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hoosays with respect thereto, and agree to indemnify and hold Hoosays, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

Warranty Disclaimer

THE INFORMATION AND MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HOOSAYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HOOSAYS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. HOOSAYS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOOSAYS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability
IN NO EVENT WILL HOOSAYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA HOOSAYS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HOOSAYS WILL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless Hoosays, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Hoosays site.

Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

General
You agree that: (i) the Hoosays website will be deemed solely based in North Dakota; and (ii) the Hoosays website will be deemed a passive website that does not give rise to personal jurisdiction over Hoosays, either specific or general, in jurisdictions other than North Dakota. These Terms and Conditions will be governed by the internal substantive laws of the State of North Dakota, without respect to its conflict of laws principles. Any claim or dispute between you and Hoosays that arises in whole or in part from the Hoosays website or the Drawing will be decided exclusively by a court of competent jurisdiction located in Cass County, North Dakota. These Terms and Conditions and any other legal notices published by Hoosays on the website, will constitute the entire agreement between you and Hoosays concerning the Hoosays website or the Drawing. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term, and Hoosays’ failure to assert any right or provision under these Terms of Service will not constitute a waiver of such right or provision. YOU AND HOOSAYS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HOOSAYS WEBSITE OR THE DRAWING MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.