Terms and Conditions
Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you sign up to receive our newsletter.
The following Terms and Conditions shall apply to the relationship between IsThisWay, LLC, a Tennessee limited liability company and the Subscriber (the person who signs up to receive our newsletter or “You”). By signing up to receive our newsletter, each Subscriber accepts these Terms and Conditions, as well as the manner in which IsThisWay, LLC operates any contests or distributes any prizes. These Terms and Conditions constitute the entire agreement between IsThisWay, LLC and the Subscriber and supersede and replace all prior commitments, undertakings, or representations, whether written or oral, between the Subscriber and IsThisWay, LLC with respect to newsletter subscriptions and any contests.
Terms and Conditions Acceptance
If You do not agree to the Terms and Conditions, do not sign up for our newsletter. By registering to receive our newsletter, You agree to and are bound by these Terms and Conditions.
Terms and Conditions Changes
IsThisWay, LLC may change (add to, delete, or amend) the Terms and Conditions from time to time, with or without cause. Should this occur, You agree that IsThisWay, LLC may provide You notice of such changes in any of the following ways: via an email from IsThisWay, LLC, via an RSS feed, and/or by posting a change notice on the website for a reasonably limited time. It is Your responsibility to review any revised Terms and Conditions. Should You find any subsequent revisions to the Terms and Conditions unacceptable, You must unsubscribe to the newsletter. By continuing to subscribe to the newsletter following notice of a revision to the Terms and Conditions, You agree to and are bound by the Terms and Conditions as revised.
No purchase is necessary to enter the contest. If you subscribe to any IsThisWay, LLC newsletters, you are solely responsible for preserving the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Subscribers must be at least 18 years of age as of the date of initial subscription to the newsletter. IsThisWay, LLC, in its sole discretion, reserves the right to refuse service, terminate accounts, or remove or edit content. Subscribers may only subscribe to the newsletter in, or from, the State of Tennessee. Any contests are void wherever prohibited or restricted by law. IsThisWay, LLC reserves the right to limit in its sole discretion the number of user accounts per household.
Subscribers must create an account profile by visiting http://www.duzzle.com and filling out and submitting the online form. You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. You may not collude to exchange information with other Subscribers. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other Subscribers. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. Subscriber’s creation of an account profile constitutes permission for IsThisWay, LLC to use the Subscriber’s name, location and other identifiable information to the maximum extent permitted by applicable law. If IsThisWay, LLC receives information that Your username is illegal or in breach of these Terms and Conditions as evaluated in IsThisWay, LLC’s sole discretion, Your user account may be frozen until You change the username. IsThisWay, LLC also may permanently close Your account without prior notice to You for violating these Terms and Conditions. You are responsible for keeping Your user account password confidential. IsThisWay, LLC will never ask for Your password except during login. You should never provide Your password to anyone, including employees of IsThisWay, LLC. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.
IsThisWay, LLC reserves the right to temporarily or permanently terminate Your account at IsThisWay, LLC’s sole discretion if it determines or suspects You have violated these Terms and Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if IsThisWay, LLC, in good faith and in its sole discretion, determines that You have breached these Terms and Conditions, IsThisWay, LLC may withhold, cancel, or otherwise retain any and all of Your pending prizes in any contest as well as cancel your newsletter subscription.
Weekly Winner Contest
Each week prior to the newsletter being sent out to Subscribers, one winner will be chosen at random per county, where the subscribers from that county are actively receiving newsletters, at the discretion of IsThisWay, LLC. Subscribers must enter the Weekly Winner Contest by creating a profile, picking the right ad, and accepting these terms and conditions. Subscribers may only qualify via the aforementioned method of entry. By participating, each Subscriber agrees to these rules and the decisions of IsThisWay, LLC, which shall be final and legally binding in all matters relating to the Weekly Winner Contest. Winners will receive a check for the amount disclosed on the duzzle.com website and/or in the newsletter. Subscribers who win agree to have their name and location information, but not street address, published in the newsletter, on the duzzle.com website, and on other media at the discretion of IsThisWay, LLC.
Odds of Winning
Odds of winning the Weekly Winner Contest depend on the number of Subscribers in the county of residence.
Subscribers who win will receive a check in the mail to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. IsThisWay, LLC shall be entitled to involve third parties, including, without limitation, the United States Postal Service, to satisfy its contractual obligations without being required to notify the Winner. Obvious damage to the item from transport or packaging damaged during transport must be reported to IsThisWay, LLC upon receipt.
Risk of Loss
The risk of loss and title for all prizes won passes to You upon IsThisWay, LLC’s delivery to the third party carrier.
Disclaimer of Warranty and Liability Regarding Subscription and Contests
Neither IsThisWay, LLC nor any of its Subscribers, managers, officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by IsThisWay, LLC, or the like, warrant that websites affiliated with the newsletter or Weekly Winner Contest will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published in association with the newsletter or Weekly Winner Contest may contain inaccuracies or typographical errors. IsThisWay, LLC makes no warranty as to the results that may be obtained from subscription to the newsletter or participation in the Weekly Winner Contest or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided. IsThisWay, LLC shall not be responsible for any opinions, views, advice, or statements posted by other Subscribers or third parties other than an authorized IsThisWay, LLC spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized IsThisWay, LLC spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification. Your subscription to the newsletter or participation in the Weekly Winner Contest is at your sole risk. The website, including the service and software, is provided by IsThisWay, LLC on an “as is” and “as available” basis. to the fullest extent permissible by applicable law, IsThisWay, LLC disclaims all implied warranties, including, but not limited to, implied and statutory warranties of merchantability, fitness for a particular purpose, and non-infringement. IsThisWay, LLC makes no representations or warranties of any kind, express or implied, as to the operation of the newsletter or Weekly Winner Contest, security of the website, the results that may be obtained from subscription to the newsletter or participation in the Weekly Winner Contest, or the information, content, materials, or products included on the website. without limiting the foregoing, IsThisWay, LLC does not warrant that the materials are accurate, reliable or correct, that the site will meet your requirements, that the site will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected, or that the materials are free of viruses or other harmful components. Any service or software downloaded or otherwise obtained through the use of the website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or installation of any such material. no advice or information, whether oral or written, obtained by you from the website or service shall create any warranty not expressly stated in these Terms and Conditions. You expressly understand and agree that IsThisWay, LLC will not be liable for any damages of any kind arising from the use of or inability to use the website, software, or any related services, including, but not limited to, direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if IsThisWay, LLC has been advised of the possibility of such damages). The limitations of this section shall apply notwithstanding any reliance on any information obtained from IsThisWay, LLC or that results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, or other malicious code, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to provider records, programs, or services, and whether or not IsThisWay, LLC has been advised of the possibility of such damages. You hereby acknowledge that this limitation shall apply to all content, merchandise, and services available through the website. This limitation of liability shall apply whether the damages arise from use or misuse of or reliance on IsThisWay, LLC services, newsletters, or prizes won through participation in the Weekly Winner Contest, from inability to use the website or from the interruption, suspension, or termination of IsThisWay, LLC’s services (including such damages incurred by third parties). Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions, including the exclusion of implied warranties, may not apply to you.
If You are dissatisfied with any portion of the newsletter or Weekly Winner Contest, You should discontinue Your subscription.
Disclaimer of Warranty and Liability Regarding the Newsletter or Prizes
IsThisWay, LLC makes no warranties, either express or implied, with respect to the prizes, or any related services performed by IsThisWay, LLC or any of its agents or subcontractors in connection with any prize won, including, without limitation, any warranties of merchantability or fitness for a particular purpose. you agree that IsThisWay, LLC shall not be liable for personal injury and property damage resulting from the use, improper handling, modification, or misuse of the prizes by you or any other person following delivery by IsThisWay, LLC. in no event shall IsThisWay, LLC be liable to you or any other person for incidental or consequential damages including, but not limited to, loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise, and whether in an action for breach of warranty or otherwise.
You agree to indemnify, defend, and hold IsThisWay, LLC and its Subscribers, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the “Indemnified Persons”) harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys’ fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your subscription to newsletters or participation in the Weekly Winner Contest, (ii) any violation of these Terms and Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, (iv) any negligence or willful misconduct by You, (v) the receipt or use of any prize won, and (vi) any printing, production, typographical, mechanical, technical or other error in these terms and conditions, administration of the newsletter or Weekly Winner Contest or in the announcement of the prize.
A system outage has occurred if no entries can be created due to an unforeseeable disruption in a system. IsThisWay, LLC is not responsible for any costs incurred by You due to a system outage. IsThisWay, LLC reserves the right to revoke prizes won as a result of a system error, fraud, technical problems, or any other reasonable reason. IsThisWay, LLC, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. IsThisWay, LLC shall not be liable for any damage incurred by users or third parties from using the duzzle.com website, newsletters or participating in the Weekly Winner Contest.
Any controversies or claims between the parties, including controversies or claims arising out of or relating to these Terms and Conditions, shall be fully and finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect or such other arbitration service as may be agreed by the parties (the “Arbitration Rules”), conducted by one arbitrator either mutually agreed upon by the Parties or chosen in accordance with the Arbitration Rules, except that the parties thereto shall have any right to discovery as would be permitted by the Federal Rules of Civil Procedure for a period of ninety (90) days following the commencement of such arbitration and the arbitrator thereof shall resolve any dispute which arises in connection with such discovery. Subscriber agrees to submit any controversies or claims between the parties, including controversies or claims arising out of or relating to these terms and conditions, to binding arbitration in good faith on an individual basis, and not as a plaintiff or class Subscriber in any purported class or representative proceeding. The prevailing party shall be entitled to costs, expenses and reasonable attorneys’ fees, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to this provision shall take place in Centerville, Tennessee.
Applicable Law / Severability Clause
This Terms and Conditions Agreement and Your subscription to the newsletter and participation in the Weekly Winner Contest shall be governed by the laws of the United States of America and the State of Tennessee. Without in any way limiting the “Dispute Resolution” requirements set forth above, any court proceeding related to these Terms and Conditions, contest, newsletters, or websites may be brought only in a federal or state court sitting in Tennessee. You agree to accept the jurisdiction of such courts. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms and Conditions shall remain in force and effect and such invalid, unenforceable, or void provisions will be deemed to be modified so as to effect the original intent of these Terms and Conditions as closely as possible.
The duzzle.com website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.