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Trademarks
All trademarks, service marks and trade names of $(Now Hear This/PlugUp.com) used in the site are trademarks or registered trademarks of $(Now Hear This/PlugUp.com)

Warranty
Electronic Products: full warranty for a period of 1 year from delivery date.  This includes the custom molded ear piece.  Warranty is void when upon inspection the product is suspect of misuse.
Non Electronic Ear Molds: please advise if you have any fit related issues within 30 days from delivery date.

Warning
These devices block out or mask ambient sounds. Where other road traffic is present, be aware that they may reduce your normal reactions to audio warning signals.

Motorsports can generate dangerous levels of noise. Loud earphone speaker volumes can also damage hearing. Wear earplugs and use as low audio volume as possible. These are the OSHA established maximum safe exposure times to sound pressure levels before hearing damage occurs:
90 db SPL- 8 hours 
95 dB SPL- 4 hours
100 dB SPL- 2 hours
105 dB SPL- 1 hour
110 dB SPL- 30 minutes
115 dB SPL- 15 minutes
120 dB SPL- 0 minutes

Limitation of Liability
Now Hear This, DBA PlugUp.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Now Hear This, DBA PlugUp.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of $(Now Hear This/PlugUp.com). The collective work includes works that are licensed to $(Now Hear This/PlugUp.com). Copyright 2003, $(Now Hear This/PlugUp.com) ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with $(Now Hear This/PlugUp.com) or purchasing $(Now Hear This/PlugUp.com) products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with $(Now Hear This/PlugUp.com) or to purchase $(Now Hear This/PlugUp.com) products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by $(Now Hear This/PlugUp.com). You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Typographical Errors
In the event that a Now Hear This, DBA PlugUp.com product is mistakenly listed at an incorrect price, Now Hear This, DBA PlugUp.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Now Hear This, DBA PlugUp.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Now Hear This, DBA PlugUp.com shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Now Hear This, DBA PlugUp.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Now Hear This, DBA PlugUp.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Now Hear This, DBA PlugUp.com products) must be commenced within one (1) year after the claim or cause of action arises. Now Hear This, DBA PlugUp.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Now Hear This, DBA PlugUp.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Now Hear This, DBA PlugUp.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Now Hear This, DBA PlugUp.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Now Hear This, DBA PlugUp.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Now Hear This, DBA PlugUp.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Now Hear This, DBA PlugUp.com in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Now Hear This, DBA PlugUp.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Now Hear This, DBA PlugUp.com may link to sites operated by third parties. However, even if the third party is affiliated with Now Hear This, DBA PlugUp.com, Now Hear This, DBA PlugUp.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Now Hear This, DBA PlugUp.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Now Hear This, DBA PlugUp.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


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