the RadioTower.com web site or service,
("RadioTower") you agree to be bound by the following
terms and conditions (the "TOS")
The sites displayed as search results or linked to by the
RadioTower are owned and operated by individuals and/or companies
over whom RadioTower exercises no control. RadioTower assumes no
responsibility for the content of any site included in any search
results or otherwise linked to by the RadioTower.
All Stations need to read and AGREE to our Publishers Rights Agreement.
If, for any
reason, the owner and operator of a linked site wishes the link
from the RadioTower site to be deleted, they must contact
RadioTower (email@example.com) and expressly
request such deletion.
Personal Use Only
RadioTower is made available for your personal, non-commercial
use only. Use of the RadioTower to sell a product or service, or
to increase traffic to your Web site for commercial reasons, such
as advertising sales is expressly forbidden. You may not take the
results from a RadioTower search and reformat and display them,
or mirror the RadioTower home page or results pages on your Web
site, or send automated queries to RadioTower's system without
express permission from RadioTower.
If you wish to make commercial use of the RadioTower you must
enter into an agreement with RadioTower to do so. Please contact firstname.lastname@example.org more information.
Click here to review the
Changes In Terms and Conditions: We may modify or terminate our
services from time to time, for any reason, and without notice,
including the right to terminate with or without notice, without
liability to you, any other user or any third party. We reserve
the right to modify the TOS from time to time without notice.
Disclaimer of Warranties
RadioTower disclaims any and all responsibility or liability for
the accuracy, content, completeness, legality, reliability, or
operability or availability of information or material displayed
on the RadioTower.com site. RadioTower disclaims any
responsibility for the deletion, failure to store, misdelivery,
or untimely delivery of any information or material. RadioTower
disclaims any responsibility for any harm resulting from
downloading or accessing any information or material on the
Internet through the RadioTower Tuning Service.
RADIOTOWER IS PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. RADIOTOWER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. RADIOTOWER DISCLAIMS ANY WARRANTIES REGARDING
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF
RADIOTOWER. RADIOTOWER DISCLAIMS, ANY WARRANTIES FOR ANY
INFORMATION OR ADVICE OBTAINED THROUGH THE RADIOTOWER. RADIOTOWER
DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE RADIOTOWER.COM SITE OR RECEIVED THROUGH ANY
LINKS PROVIDED BY RADIOTOWER, AS WELL AS FOR ANY INFORMATION OR
ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE RADIOTOWER.COM
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
MATERIAL OR DATA THROUGH THE USE OF THE RADIOTOWER AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RADIOTOWER BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON RADIOTOWER
ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT
MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
(EVEN IF RADIOTOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON RADIOTOWER,
FROM INABILITY TO USE THE RADIOTOWER, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF RADIOTOWER (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON TRADIOTOWER OR RECEIVED THROUGH
ANY LINKS PROVIDED IN RADIOTOWER, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON
TRADIOTOWER OR RECEIVED THROUGH ANY LINKS PROVIDED IN RADIOTOWER.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST
PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE RADIOTOWER
OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED
OR RELATED IN ANY WAY TO, RADIOTOWER. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING AN FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
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 MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall
RadioTower be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or
causes beyond its reasonable control, including, without
limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or
fluctuations in heat, light, or air conditioning.
These TOS will be governed by and construed in accordance with
the laws of the Province of British Columbia, without giving effect to its
conflict of laws provisions or your actual state or country of
residence. If for any reason a court of competent jurisdiction
finds any provision or portion of the TOS to be unenforceable,
the remainder of the TOS will continue in full force and effect.
These TOS constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. Any
waiver of any provision of the TOS will be effective only if in
writing and signed by RadioTower.