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TABLE OF CONTENTS
This Terms of Use Agreement does not cover the CBS Radio/Monster.com micro-site and MatchLink Dating System. Please see the separate terms and conditions for the CBS Radio/Monster.com Promotion and MatchLink Dating System.
Welcome to KWLI: Willie 92.5 FM (the "Site," "us" or "we"), the official website for Radio Station KWLI: Willie 92.5 FM/1560 Broadway Suite 1100/Denver, CO 80202 ("Station"). This site is owned and operated by CBS Radio. ("Owner and Operator").
Unless specified otherwise on the Site, users must be at least 18
years or older and a legal resident of the United States before
participation in any contest, sweepstakes or interactive
activities. By your participation in our Site activities, you
certify that you are at least 18 years of age and meet any other
eligibility and residency requirements of the Site.
This page states the terms and conditions forming the agreement
under which you may use this Site. Please read this page
carefully.
If you do not accept this Terms of Use Agreement ("Agreement"), please do not use this website.
By using this Site, you understand, acknowledge and agree that you will
abide by the terms of this Agreement and any additional terms that
govern certain products and services, which will be presented in
conjunction with those products and services ("Additional
Terms"). The Site provides rules of participation ("Rules of
Participation") for certain activities and services including, but not
without limitation, loyal listener/user clubs, awards programs,
contests, sweepstakes, email and dating services. This Agreement
will remain in full force and effect as long as you are a user of the
Site and in the event of termination of any membership, service or
feature, you will still be bound by your obligations under this
Agreement, any Additional Terms, or Rules of Participation, including
any indemnifications, warranties, and limitations of liability. The
Site's Additional Terms,
Privacy Policy,
and
the Rules of Participation are hereby incorporated in this Agreement by
reference. To the extent that there is a conflict between this
Agreement and Additional Terms for the activity in which you choose to
participate, the Additional Terms shall govern. To the extent
that there is a conflict between this Agreement and the specific Rules
of Participation for the activity in which you choose to participate,
this Agreement shall govern.
Willie 92.5 may revise this Agreement at any time by updating
this posting without notice to you. Such revisions are effective
to you as a user of this Site immediately upon posting. You
should visit this page periodically to review the Agreement, because
they are binding on you. The terms "you" and "user" as used in
this Agreement refer to all individuals and/or entities accessing this
Site for any reason.
The contents of this Site, including all software, design, text,
graphics, artwork, images, photographs, audio clips, video clips, and
other material, including the selection and arrangements thereof,
copyrights, trademarks, service marks and trade names (the "Material"),
are the property of CBS Radio Corporation ("CBS Radio") and/or
its subsidiaries, affiliates, assigns, licensors, the Site's design,
hosting, programming and contest management/prize fulfillment vendors
(collectively "operational service providers") and/or the Site's
advertisers, sponsors, and promotional partners (collectively
"Advertisers"). The Material is protected, without
limitation, pursuant to United States and foreign copyright, trademark
and other applicable laws. Unauthorized use of the Material may
violate such laws.
You understand, acknowledge and agree that the Site hereby grants
you a limited personal, non-exclusive, non-assignable and
non-transferable license that authorizes you to use and display the
Material, provided that you retain all copyright, trademark and other
proprietary notices contained in the original Material on any copy you
may make of the Material. You further agree that you will not, in
whole or in part, sell, lease, rent, exchange, reproduce, archive,
modify, create derivative works from, publish by hard copy or
electronic means, publicly perform, display, disseminate, distribute,
broadcast, retransmit, or circulate to any third party or on any third
party website, or otherwise use the Material in any way for any public
or commercial purpose without the express approval from CBS Radio
Broadcasting Corporation. The use of the Material on any other
website or in a networked computer environment for any purpose is
prohibited.
You are authorized to download and view a single copy of the
Material on the Site solely for your personal, noncommercial use
provided that you shall not, nor will you allow any third party
(whether or not for your benefit) to copy, adapt the object code of the
Site's software, HTML, JavaScript, or otherwise, or reverse engineer,
decompile, reverse assemble, modify or attempt to discover any source
code that the Site creates to generate its pages on the website.
Access to the Materials may not be lawful by certain persons or in
certain countries. You also understand, acknowledge and agree
that downloading of any object code or software by website users in
restricted countries is prohibited. If you access the Site from
outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
Without the prior written permission of CBS Radio, you agree not to
display or use in any manner, the Station or the Site's trademarks,
including without limitation, CBS Radio
BROADCASTING and station names and call letters, domain
names, slogans, and contest and program names.
Notwithstanding any statement to the contrary in this Agreement,
you will not use or attempt to use, and shall cause each other party
under your control not to use or attempt to use, any engine, software,
tool, agent or other device or mechanism (including, without
limitation, browsers, spiders, avatars or intelligent agents) to
navigate or search the Site other than (a) the search engine and search
agents available from the Site and (b) generally available third party
web browsers (e.g., Netscape Navigator or Microsoft Internet Explorer).
As stated above, we prohibit the posting of any information that
violates or infringes the copyright rights of any person or entity. If
you believe that your work has been copied and is accessible on this
Site in a way that constitutes copyright infringement, you must provide
our DMCA Copyright Agent with a written notification. To be
effective, the notification must contain the following information in
accordance with the Digital Millennium Copyright Act:
1. An electronic or physical
signature of the copyright owner or someone authorized on the owner's
behalf to assert infringement of copyright and to submit the
notification.
2. Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works
at this Site are covered by a single notification, a representative
list of such works at this Site.
3. Identification of the copyrighted
work claimed to have been infringed or to be the subject of infringing
activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate
the material.
4. Information reasonably sufficient
to permit us to contact the complaining party, such as the party's
name, address and daytime telephone number, and an e-mail address, if
available.
5. A statement that the complaining
party has a good faith belief that the use of the infringing
copyrighted work is not authorized by the copyright owner, its agent,
or the law.
6. A statement that the information
in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive copyright right that is allegedly infringed.
This Site's DMCA Copyright Agent for receiving claims of copyright infringement is:
S. Jenell Trigg, Esq.
DMCA Copyright Agent
CBS Radio
c/o Leventhal Senter & Lerman PLLC
2000 K Street, NW, Suite 600
Washington, DC 20006-1809
202-429-8970 (Phone)
202-293-7783 (Fax)
The above address is intended only for notifications and any
related correspondence regarding claims of copyright infringement on
this Site. Correspondence pertaining to other matters will not
receive a response if sent to the above contact information.
We will remove or disable access to any posted submission for
which we have received a notice of claimed copyright infringement (or,
more specifically, any notification in substantial conformance with the
Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)). United States
law provides significant penalties for submitting a false or fraudulent
claim of copyright infringement.
This Site may provide users with the opportunity to submit, post
and/or exchange information, data, text, software, music, photographs,
graphics or artwork, video, audio, messages or other materials
("Postings"), whether publicly posted or privately transmitted.
You understand, acknowledge and agree that such Postings are the sole
responsibility of the person from which such Postings originated.
This means that you, the user, and not this Site, are entirely
responsible for the consequences of all Postings that you upload, post,
email, transmit or otherwise make available via the Site. Users
may not: 1) post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to post
it; 2) post material that reveals trade secrets, unless you own them or
have the permission of the owner to do so; 3) post material that
infringes on any other intellectual property rights of others or on the
privacy or publicity rights of others; 4) post material that is
considered by the Site, in its sole judgment, to be obscene, indecent,
defamatory, threatening, harassing, tortuous, abusive, hateful,
embarrassing or harmful to another user or any other person or entity;
5) post a sexually-explicit image or statement; 6) post advertisements
or solicitations of business; 7) post chain letters or pyramid schemes;
or 8) post any incomplete, false, fraudulent or inaccurate biographical
information or general information which is not your own information,
or impersonate another person.
The Site does not represent or guarantee the truthfulness,
accuracy, timeliness or reliability of Postings by users and does not
endorse any opinions, which may be expressed by any user. You
further agree that any reliance on such Postings by other users will be
at your own risk. We do not regularly review, screen or monitor
the Site and we assume no obligation to do so and will not be liable or
responsible to any user for performance or nonperformance of such
material. If notified by a user of any Posting or communication
which allegedly does not conform to this Agreement, we may, in our sole
discretion, investigate the allegation and may thereafter determine, in
our sole discretion, whether or not to remove or request the removal of
the material. You understand, acknowledge and agree that we
reserve the right to expel users and prevent their further access to
the Site for violating this Agreement or any applicable law, and may
remove communications which are considered to be, in our sole judgment,
unlawful, harmful, threatening, abusive, obscene, indecent, libelous,
disruptive, hateful, infringing, or racially, ethnically or otherwise
objectionable.
You also grant the Site, its owner and operator, parent
company(s), affiliates, successors and assigns, the royalty-free,
worldwide, perpetual, irrevocable, non-exclusive right (including any
moral rights) and license to use, reproduce, modify, adapt, publish,
retransmit, translate, create derivative works from, distribute,
communicate to the public, publicly perform or display such content (in
whole or in part), and/or to incorporate it in other works in any form,
media, or technology now known or later developed, for so long as any
rights exist in such content. You also warrant that the holder of
any rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably granted
to you the right to grant the license set forth in this
agreement. You also permit any other user to access, display,
view, store and reproduce such content for such user's personal
use. Subject to all of the foregoing, the owner of such content
placed on the Site retains any and all rights that may exist in such
content.
Email is an important communications channel for the Site and the Station.
All
email sent to us should be generated by the person in whose name the
email account is registered. Email users shall not mask their
identity by using a false name or another person's name or
account. We will use your email address and the content of any
email for administrative and correspondence purposes and to send you
information that you may request. We are also required under
Federal law to keep and disclose to the general public certain email
that addresses the Station's programming and operations. Please
see our
Privacy Policy for details.
Any non-personal content you provide to the Site by email,
including, but not limited to, feedback, data, answers, questions,
comments, suggestions, plans, ideas or the like, shall be deemed to be
non-confidential and we assume no obligation to protect such
information from disclosure. You understand, acknowledge, and
agree that the submission of such information shall in no way prevent
the purchase, manufacture or use of similar products, services, plans
and ideas by the Station, this Site and corporate affiliates, for any
purpose whatever, and we shall be free to reproduce, use, disclose and
distribute such content without restriction.
To participate in various Site activities, users must complete a
registration process and may receive/select a "user name" and
password. You understand, acknowledge and agree that you are
responsible for maintaining the confidentiality of your Personal
Information and Sensitive Personal Information defined in the
Privacy Policy
and the user name and password received upon registration on the
Site. You will be fully responsible for all uses of your
registration and for any activity that occurs under your password or
account, whether or not authorized by you. You further agree to
immediately notify the Site of any unauthorized use of your
registration and/or password.
By use of or registration for any Site activity such as message
boards, chat rooms and other public forums (collectively "Public
Areas"), you understand, acknowledge, and agree that you are
automatically subject to the following rules of conduct and the Site's
Privacy Policy.
You further agree that we reserve the right, at our sole discretion, to
terminate your membership or registration at any time, delete any or
all of your postings, block access to your membership file or
profile(s) and/or reject participation in any other activity or service
provided to you by the Site. We also reserve the right to take
such actions, with or without notice, and without any liability to the
account holder and user.
As an entertainment service to our users, this Site provides
Public Areas that enable users to interact with other users, on-air
talent and other Station personnel, and share commentary on a variety
of subjects. A variety of subjects may be discussed via the
Public Areas, however, use of such areas may only be for lawful and
non-commercial purposes. The Site specifically prohibits
certain uses and activities. You understand, acknowledge, and
agree that by access or registration on Public Areas or any interactive
area of the Site, you are prohibited from use of the Site for any of
the purposes below in addition to the conduct listed in the User
Conduct section of this Agreement:
1.
Posting a profile for anything other than to participate in online
discussion via the Public Area.
2.
Sending a message to a user for any reason other than to participate in
online discussions.
3.
Deleting or revising any content or material posted by any other person
or entity.
4.
Forging any TCP/IP packet header or any part of the header information
in any email or newsgroup posting for any reason.
ADVERTISING AND OTHER THIRD PARTY CONTENT
This Site provides banner and general advertising, and other
content provided by our Advertisers. You understand, acknowledge,
and agree that such third party content on this Site is not an
endorsement by the Station of the goods, services or messages conveyed
in the content or the business practices (including the privacy
policies) of such third party content providers. Users may from
time to time enter into correspondence with or participation in the
advertising or promotions offered through the Site. However, all
such correspondence, including, without limitations, and resulting
contractual agreements are solely between the Advertiser and the
user. Your further agree that the Site is not responsible for
upholding any applicable terms, conditions, representations of
warranties made by Advertisers or other third parties in connection
with an agreement between users, or the purchase of goods and services
offered by Advertisers or other third parties.
This Site often provides links to third party websites and other
resources that could be of interest to our users, including the
websites of our Advertisers. You understand, acknowledge and
agree that these links are provided solely as a convenience to you and
not as an endorsement by the Site or Station of the content,
advertising or business practices (including the privacy policies) of
such third party websites, whether the Station's logo or sponsorship
identification is on the third party website, or whether the Site
conducts "framing," which allows a user to access several webpages or
websites while still viewing a header or border from this Site.
These third party websites may have different privacy policies and
business practices than we do. Therefore, we do not endorse,
verify, make any representations, or take responsibility for the
content, truthfulness, accuracy, quality or completeness of the content
or activities conducted on such websites. You further agree that
the Site, its Owner and Operator, parent company(s), corporate
affiliates, successors and assigns, and their respective officers,
directors, employees, representatives, agents, and operational service
providers will not, under any circumstances, be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with your use of or reliance on the content,
advertising or business practices of linked third party sites. If
you decide to access and use linked third party websites, you
understand, acknowledge, and agree that you do so at your own risk.
This Site may offer various goods and services for sale
("Products"), or direct or link to other websites that sell goods and
services. We have no responsibility or liability whatsoever for
goods or services you may obtain from or through other websites or web
pages, even if you were directed or linked to such a site or page
through this Site.
If a Product sold on this Site is listed at an incorrect price or
with incorrect information, we reserve the right to refuse or cancel
orders placed for that Product, whether or not the order has been
confirmed and even if your credit or debt card account has been charged
(in which event we will issue a credit to your account in the amount of
the charge).
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE
EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN
ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN
WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF
ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL
PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Our creation or transmission of an order confirmation does not
signify final acceptance of your order, nor constitute a binding
confirmation of an offer to sell any Product and we reserve the right
to accept or decline your order for any reason up until the time the
Product is actually delivered to you. We reserve the right at any time,
without prior notice, to limit or reduce the quantity you ordered of
any Product and we will notify you if we do so.
Products
on the Site are offered for sale only to end user customers or as
personal gifts to end user customers and are not for commercial resale.
We do not accept orders from dealers, exporters, wholesalers,
distributors, resellers or other similar persons or companies, and
reserve the right to refuse, cancel or seek the return of any Products
that are purchased in violation of the foregoing restrictions.
You
are responsible for any taxes imposed on the sale or use of Products
and applicable taxes will be added to the amount charged for Products
purchased on the Site.
If an order consists of multiple items, they may be shipped separately depending on availability.
PRIVACY POLICY
To participate in various activities on the Site, you will be
asked to provide certain true, complete and current Personal
Information or Sensitive Personal Information. All Personal
Information, Sensitive Personal Information, and any additional type of
information collected from users in general are subject to our
Privacy Policy, which is incorporated by reference into this agreement. For more information, see our official
Privacy Policy.
By submitting content to any area of the Site open to the other
users or the general public (which includes, but is not limited to,
contests, emails regarding Station programming, or Public Areas, you
understand, acknowledge and agree that your content will be considered
"Public Material" and will not be subject to the privacy protections
generally afforded your Personal Information.
You further agree that the Site may save and archive any content
of any nature posted to the Site and that the Site may, without
liability to any user, disclose such content if required to do so by
law or to comply with legal processes; to respond to claims that any of
the content violates the property, privacy, publicity or any other
rights of another individual, organization or corporation; or to
protect the rights, property or safety of the Station, the Site, its
corporate affiliates, Advertisers, employees, suppliers, operational
service providers, users and members of the public.
The Site reserves the right, at its sole discretion and at any
time, to modify or discontinue the service (or any part thereof)
offered on the Site, on a temporary or permanent basis, with or without
notice. You understand, acknowledge and agree that the Site will
not be liable to you or to any third party for any such modification,
suspension or discontinuance of the service offered by the Site.
The Site's loyal listener/user and other membership activities are
to be accessed only by registered users of the Site which should have
only one unique user name with one unique password. If you are
found to share passwords with any non-registered member we will
terminate your membership immediately without notice.
As a user of this Site, the following actions are also prohibited:
1. Accessing data not intended for
such user or logging into a server or account in which the user is not
authorized to access.
2. Attempting to probe, scan or test
the vulnerability of the system or network or to breach the security or
authentication measures of the Site without proper authorization.
3. Forging any headers or otherwise
manipulation of Site identifiers in order to disguise the origin of
transmission through the Site.
4. Attempting to interfere with
service to any user, host or network, including, without limitation,
via means of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing," or "crashing" the Site or the server of any
user.
5. Sending unsolicited commercial
email individually or in bulk (also called, Spam), which promotes or
advertises the Station, the Site, or any other activity, program,
product, or service.
6. Harvesting email addresses off this Site through an automated process.
7. Bypassing this Site's homepage
via deep-linking or any other means, or framing this Site, or any
webpage or material on the Site without the express written permission
from CBS Radio. Users are also prohibited from hyperlinking to
this Site or any webpage in an email sent for commercial purposes,
without the express written permission of CBS Radio.
8. Attempting to gain unauthorized
access to the Site's features or activities, interfering with or
manipulating in any manner the entry or registration process for
contests, sweepstakes, surveys, opinion polls, chat rooms, message or
bulletin boards, or any other interactive features and activities on
this Site.
9. Falsifying identification or
impersonating any person or entity, including, but not limited to, a
Site or Station official, chat room or public forum leader, host, or
guide, when accessing or participating in such features and activities.
10. Setting up fake sites or other dummy sites that appear
to be the Site, mirroring the Site's contents, or otherwise copying any
part of the Site Material and/or layout.
Violations of the Site's system or network security may result in
civil or criminal liability. The Site will investigate possible
violations of system or network security and may involve, and cooperate
with a user's employer, Internet Service Provider, and/or law
enforcement authorities in investigating and/or prosecuting users who
are involved in such violations. The Site will also terminate the
membership of any person that the Site believes, in its sole judgment,
to have violated its security provisions.
You understand, acknowledge, and agree to defend, indemnify, and hold harmless CBS Radio,
its parent company(s), corporate affiliates, successors and assigns,
Advertisers, suppliers and operational service providers and their
respective officers, directors, employees, representatives and agents,
or others involved in creating, promoting, or otherwise making
available this Site from and against any claims, actions, costs,
expenses, or demands, including, without limitation, reasonable legal
and accounting fees, resulting from any content you submit, post to or
transmit through this Site, your use of the Site, your violation of
this Agreement, your violation of any rights of another, or otherwise
arising out of your use of this Site in any manner. The Site will
attempt to provide notice to you promptly of any such claim, suit, or
proceeding and will assist you, if requested and at your expense, in
defending any such claim, suit or proceeding. We reserve the
right to take exclusive control and defense of any such claim subject
to indemnification by you, in which event you will cooperate fully with
this Station in asserting any available defenses.
The Site and its Material may contain technical inaccuracies,
typographical errors, and out of date information. The Site makes
no representations about the accuracy, reliability, completeness, or
timeliness of the Site or the Material, and the Site makes no warranty
that the Site will meet your requirements. You understand,
acknowledge, and agree that the use of the Site and the Material is at
your own risk. The Site reserves the right to make changes to the
Site and Material at any time.
IN NO EVENT SHALL THE SITE, ITS OWNER AND OPERATOR, PARENT
COMPANY(S), CORPORATE AFFILIATES, SUCCESSORS OR ASSIGNS, AND THE SITE'S
ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS, AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES
AND AGENTS, ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY
CLAIMS, DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOOD WILL, OR YOUR
USE OR YOUR INABILITY TO USE THE SITE, OR BUSINESS INTERRUPTION
RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, OR
THE USE AND/OR APPEARANCE OF THE MATERIAL ON THIS SITE, ACCESS TO
ANY HYPERLINK ON THIS SITE, UNAUTHORIZED ACCESS TO OR TAMPERING
WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, OR ANY OTHER
INTANGIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR
THAT THE SITE AND ITS SERVER OR SOFTWARE IS FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN
SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE,
SOFTWARE, OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT
THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO
CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTGRAPHS, OTHER
MATERIAL, LINKS AND OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT
MAY NOT APPLY TO YOU BY OPERATION OF LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YOU
UNDERSTAND AND AGREE THAT THE AGGREGATE LIABILITY FOR THE COMPANY TO
USERS FOR ALL CLAIMS ARISING FROM YOUR ACCESS, USE OR INABILITY TO
ACCESS OR USE THIS SITE OR ANY OF THE MATERIAL OR SOFTWARE IS LIMITED
TO $1.00 (ONE DOLLAR AND ZERO CENTS).
The Site reserves the right, at its sole discretion, to terminate
your membership or registration at any time, delete any or all of your
Postings, or block access to the Site and/or any other service provided
to you. The Site reserves the right to take such actions, with or
without notice, for any reason or for no reason, and without any
liability to the account holder or user.
This Agreement is governed by the internal substantive laws of the
State of New York, without respect to its conflict of laws
provisions. Jurisdiction for any claims arising under this
Agreement shall lie exclusively with the state or federal courts within
New York. You agree to submit to the personal jurisdiction of the
courts in the State of New York for any cause of action arising out of
this Agreement.
If any provision of this Agreement, or the application thereof to
any person or circumstances, is found to be invalid or for any reason,
unenforceable by any court having competent jurisdiction, the
invalidity or unenforceability of such provision shall not affect the
validity and application of the remaining provisions of this Agreement,
which shall remain in full force and effect. No waiver of any
term of this Agreement shall be deemed a further or continuing waiver
of such term or any other term. Except as expressly provided in
this Agreement, in a particular "Legal Notice," or Software License or
material on particular Web pages, this Agreement constitutes the entire
agreement between you and the Site with respect to the use of Site.
No changes to this Terms and Use Agreement shall be made except by
a revised posting on this page and no advice or other information
provided by the Site or its representatives to any user in any manner
which is not posted on this page will constitute any amendment of,
waiver or change to this Agreement, unless such an amendment, waiver or
change is in writing from an authorized officer or representative of
CBS Radio.
The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
If you have any questions regarding this Agreement, please contact the Site's Privacy Administrator via email at
bawalters@cbs.com or contact:
Willie 92.5
1560 Broadway, Suite 1100
Denver, CO 80202
303-832-5665
ATTN: Privacy Administrator
This Terms of Use Agreement was last updated on December 30, 2004 and is effective immediately.