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Updated as of October 6th, 2015
Listen to the Radio Now™ does not, generally, track or maintain personally identifiable information about consumers that use our Services. However, we may collect personally-identifiable information through the use of our Services upon your contacting us so that we may respond to your questions or comments, such as your name, email or mailing address, or other information you include when contacting us. In addition, as part of the functionality provided by our Service, we may collect and store URLS that you visit and your browser’s home page which could contain personally identifiable information. We may also collect, use and store information about your search activity when you use web search services (such as search queries) (“Search Data”). This information may be shared with third-party applications that use Search Data to function, or to offer you more customized information, advertising and services. Your Search Data is collected and stored and may include personally identifiable information, depending on your search query. For instance, if you search your own name, personally identifiable information would be included in the search query. BY USING THE SERVICES, YOU ARE CONSENTING TO GRANT Listen to the Radio Now™ PERMISSION TO COLLECT YOUR URLS AND SEARCH DATA, INCLUDING SEARCH QUERIES THAT MAY CONTAIN PERSONALLY IDENTIFIABLE INFORMATION, SHARE THEM WITH THIRD PARTIES, AND USE SEARCH-RELATED COOKIES. When you use or interact with our Services, we may also collect certain anonymous information that is not sufficient to permit someone to identify you by name, mailing address, telephone number, social security number, driver's license or other government-issued identification. However, information that we do collect may be combined with a unique ID (UID). The anonymous information we may have access to, obtain, retain and use may include: · Information about your use of our Services, such as the frequency with which you use them, how you use and interact with them, when you visit them, and your responses to the offerings and advertisements made available to you through them, among other things; and · Information that may be gathered or received when you use the Services or visit other websites, including, without limitation, the following: o The type of browser you are using when using our Services, including your browser's "user agent" (e.g., Internet Explorer, Safari, and other browsers); o Your operating system type, whether Mac OS, or Windows, and which version of Windows; o Your Internet protocol (IP) address and information about the version of any software comprising a portion of the Services that you use; o Your geographic location and the domain name of your Internet service provider (ISP); the URLs and websites that you visit and have visited; your search queries on the web pages you visit; and/or Diagnostic information which describes how our Services are operating on your system. All of the foregoing information is collectively referred to hereinafter as "Anonymous Information". We may also supplement Anonymous Information with additional information from other third parties in some cases. Additionally, those portions of the Services comprised of software have been configured to communicate to us any information relating to computer errors arising from use of such software, without providing any notice to you of the delivery of such communications. Such communications may include the configuration settings applicable at the time of the error. We use this data to help us clarify and fix performance issues with and to improve the software and the Services.
(a) Anonymous Information and Search Data is used to
(b) We note above, but it is worth reiterating here, that your Anonymous Information, as well as your Search Data and other information about you as a user of our Services, may be disclosed by us to those authorized officers of the court in response to valid legal process, including without limitation, a valid court order, search warrant or subpoena), as well as in other circumstances if we believe in good faith that there is an emergency that poses a threat to the safety of you or another person or that the Services are being used in the commission of a crime by your or another third party. Furthermore, we may disclose your Anonymous Information to protect our own rights, Services and property or those of our affiliated providers, in addition to providing you with the Services.
(c) In the event that ownership of all or a portion of the Services currently provided by Listen to the Radio Now™ were to change as a result of a merger, acquisition or transfer to another company, your Anonymous Information and Search Data may be transferred as well.
(b) Web beacons or clear GIFs are relatively small pieces of code placed on web pages that can be used for a number of purposes, including counting the users who visit that web page, or to deliver a cookie to the browser of a user viewing that page. A cookie is a small text file transferred from Listen to the Radio Now™ to your computer that records information about your preferences and use of the Services. We may also use such cookies to help us identify your location by determining your IP address, or to allow us to recall certain Service settings that you have chosen previously. You can control cookies through your browser's settings. However, if you reject all cookies, you may not be able to take advantage of most our Service offerings.
Listen to the Radio Now™ stores Anonymous Information and Search Data in a database on Listen to the Radio Now™ computers. These computers have security measures, such as a firewall, to protect against the loss, misuse, and alteration of the information under Listen to the Radio Now™'s control. Notwithstanding such measures, Listen to the Radio Now™ cannot guarantee that its security or privacy protection measures will prevent its computers from being illegally accessed and the data on them stolen or altered.
Any time you receive files over the Internet from third parties, regardless of the application used, whether Listen to the Radio Now™, email or other application, you may be subjecting yourself to receiving harmful files or files that are not compatible with your operating system. Prior to accepting any files from any Internet user, including those from an account that appears familiar to you, we highly recommend verifying that the person sending you such files is the person you believe he or she is. You should be extremely careful about accepting files from users you do not trust, from users you do not know, or from users whose identity you have not been able to confirm. You should also be aware that communications sent over the Internet are not secure unless they are encrypted. Listen to the Radio Now™ does not encrypt your communications through the Services. Further, your communications made through Listen to the Radio Now™ may be routed through different countries which may have different laws, rules, regulations and standards regarding activities on the Internet. As such, Listen to the Radio Now™ cannot accept any responsibility for any unauthorized access to your communications made through the Services or any loss of data.
Our Services are international in scope. By using the Services you consent to your Anonymous Information, your Search Data and any personal information that you provide to us being sent and processed in other jurisdictions, including the United States and other jurisdictions outside the European Union and European Economic Area where there may be less stringent data protection laws.
The Resources are intended for a general audience, and children and minors under the age of eighteen (18) are not permitted to access or use the Resources, absent express consent from their parents or guardians. We do not intentionally solicit or collect personal information from anyone under the age of 18. If you believe that we might have any information from or about a minor under age 18, please contact us here and we will remove it. If you are a parent or guardian who approves of your minor’s use of the Services, please contact us through the same form, and provide to us the age and email address of your minor on whose behalf you are contacting us.
Listen to the Radio Now™
Attn: Privacy and Compliance Group
45 Main St. #816
Brooklyn, NY 11201
Listen to the Radio Now
45 Main St. #816
Brooklyn, NY 11201
Updated as of July 6, 2015
Listen to the Radio Now reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Listen to the Radio Now materially modifies this EULA it will post the updated EULA as part of a drop-down menu or notification from the Listen to the Radio Now Software via a hyperlink or by other reasonable means to notify you of the changes. Listen to the Radio Now will also amend the " Updated as of” date at the top of this Agreement. By continuing to Use the Listen to the Radio Now Software after Listen to the Radio Now has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the Listen to the Radio Now Software. This Agreement will also govern any software upgrades and/or updates provided by Listen to the Radio Now that upgrade and/or supplement the Listen to the Radio Now Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
Listen to the Radio Now is a free desktop application that offers you direct links to websites from your new preferred homepage and saves your new preferred home page and/or new tab page. When we set your Browser's settings using Listen to the Radio Now, they will be saved automatically on Chrome™, Firefox®, and Internet Explorer®. As part of the installation process of the Listen to the Radio Now Software, we may change your Internet Browser settings and/or provide you with the ability to opt to make changes to your Internet Browser settings. By Downloading or Using the Listen to the Radio Now Software, you agree that you have approved such changes and you understand that you can reconfigure such settings at any time from the "Options Menu" available in the Listen to the Radio Now Software (to the extent that there is such a menu), in the Settings options of your Internet Browser (for example, for web-search related changes). Such changes may include, without limitation, the following:
To uninstall the Listen to the Radio Now Software, you may use the standard uninstall procedures offered by your device's Operating System or your Internet Browser, as applicable. The list below may assist you in choosing the most applicable option for your operating system and/or Browser.
3.1 Conditioned upon your compliance with the terms and conditions of this EULA, Listen to the Radio Now hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, enable, and Use the Listen to the Radio Now Software on a single computer or device (whether mobile device or other), solely for your personal Use, provided that you Use the Listen to the Radio Now Software on a computer, device (whether mobile device or other) owned or controlled by you. You may make a single copy of the Listen to the Radio Now Software for backup purposes. Listen to the Radio Now reserves all rights in the Listen to the Radio Now Software not expressly granted to you in this EULA.
4.1 Except as expressly specified in this EULA, you may not:
(a) copy or modify the Listen to the Radio Now Software;
(b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Listen to the Radio Now Software to any third party; or
(c) Use the Listen to the Radio Now Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Listen to the Radio Now Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Listen to the Radio Now and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer any components of the Listen to the Radio Now Software provided in object code or any other Listen to the Radio Now products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
4.2 Any Open-Source Software that may be accompanying the Listen to the Radio Now Software is provided to you under the terms of the open-source license agreement or copyright notice accompanying such Open-Source Software or in the open-source licenses file accompanying the Software. As used herein "Open-Source Software" means Open-Source software components provided with the Listen to the Radio Now Software that are licensed to you under the terms of the applicable license agreements included with such open-source software components or other materials for the Listen to the Radio Now Software. This EULA does not apply to any Open-Source Software accompanying the Listen to the Radio Now Software and Listen to the Radio Now hereby disclaims any and all liability to you or any third party related thereto.
4.3 Listen to the Radio Now Software may contain certain Third-Party components embedded therein (“Third-Party Components”). Such Third-Party Components are owned by their respective owners. You acknowledge and agree that the Third-Party Components are a proprietary product of their respective owners and licensors. You further acknowledge and agree that any and all right, title, and interest in and to the Third-Party Components, including associated intellectual property rights, are and shall remain the sole and exclusive property of their respective owners and licensors. This Agreement does not convey to you an interest in or to the Third-Party Components, but only a limited right of use, revocable in accordance with the terms of this Agreement. You may not remove or modify any markings or proprietary rights notices that appear on the Third-Party Components.
4.4 You may not Use the Listen to the Radio Now Software in any manner that could:
(i) damage, disable, overburden, or impair Listen to the Radio Now Software (or any server or networks connected to any Listen to the Radio Now Software, or
(ii) interfere with any third party's use and/or enjoyment of the Listen to the Radio Now Software (or any server or networks connected to the Listen to the Radio Now Software).
5.1 The Listen to the Radio Now Software may automatically download and install updates from Listen to the Radio Now from time to time. In addition, Listen to the Radio Now may automatically configure the Listen to the Radio Now Software to perform certain functions required within the operation of the Listen to the Radio Now Software. Listen to the Radio Now Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the Listen to the Radio Now Software. Download and install updates and/or configurations, collectively, will be referred herein as “Software Updates”. Software Updates are designed to improve, enhance, and/or further develop the Listen to the Radio Now Software and may take the form of bug fixes, enhanced functions, new software modules, configuration changes, or completely new versions. You acknowledge and agree that Software Updates may affect the settings and/or your user experience of the third-party software, including without limitation, your Internet Browser’s settings and/or your user experience. Prior to the implementation of a material change in certain Listen to the Radio Now Software, including Software Updates and/or material changes of this EULA, Listen to the Radio Now will present you with a notification (e.g. a pop-up notification) of such changes. By downloading and Using the Listen to the Radio Now Software you agree to receive such Software Updates (and permit Listen to the Radio Now to deliver these to you) as part of your Use of the Listen to the Radio Now Software. If you do not agree to such changes, you may uninstall the Listen to the Radio Now Software that resides on your computer, according to the guidelines set forth below.
5.2 The Listen to the Radio Now Software is constantly being improved and upgraded as part of our efforts to provide you with the full value of the product. To enable continuous Usage and full functionality of the Software, we may need to adjust the operation of your Browser, including reconfiguring your Browser's settings (as further described above). By Using Listen to the Radio Now Software, you hereby acknowledge and agree to all such modifications. For further information regarding manual reconfiguration of Browser settings or uninstall instructions, please refer to Section 2 above and Section 6 below. Further, you agree that by Using the Listen to the Radio Now Software you may periodically send technical data and related information Listen to the Radio Now to facilitate the provision of updates, product support, and other services to you, if any, related to the Listen to the Radio Now Software. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or Internet Browser and/or system. Additionally, you agree that Listen to the Radio Now may conduct A/B testing and change the look and feel of the Listen to the Radio Now Software or add additional features in order to improve your experience with the Listen to the Radio Now Software. In the event that we make Material Changes to this Agreement, we will notify users by posting a notice on the webpage where this Agreement is posted, http://www.listentotheradionow.com.
5.3 You acknowledge that due to version updates of, or other modifications made by third parties to, your Browser, certain Listen to the Radio Now Software will become temporarily invisible, inoperative, or disabled, and part or all of its features will be inaccessible to you.
5.4 Your only recourse if you are unhappy with any of the modifications to, or the temporary inoperability or malfunction of, the Listen to the Radio Now Software, is to uninstall the Listen to the Radio Now Software.
7.1 The Listen to the Radio Now Software is licensed, not sold, to you. You acknowledge and understand that Listen to the Radio Now owns all right, title, and interest in and to the Software, including without limitation all intellectual property rights therein. The Listen to the Radio Now Software is protected by United States (and other countries’) copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Listen to the Radio Now Software as delivered to you.
8.2 Listen to the Radio Now collects search query information. Such search query information could be used to serve relevant ads to you and/or to monitor the performance of the search services. Listen to the Radio Now also also collects information about changes made your browser home page.
8.3 Listen to the Radio Now prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing, or may be deemed offensive by Listen to the Radio Now, in its sole discretion, as part of its terms of service and user agreements.
8.4 In the event that Listen to the Radio Now goes through a business transition such as a merger, acquisition by another company, consolidation, change of control, reorganization, bankruptcy, or sale or transfer of all or a portion of its assets, your information will be among the assets transferred.
9.1 You hereby acknowledge and agree to only Use the Listen to the Radio Now Software as permitted in this EULA.
9.2 You agree to comply with all applicable laws, rules, and regulations when using the Listen to the Radio Now Software. You will not Use the Listen to the Radio Now Software to infringe upon anyone's rights, including, without limitation, any intellectual property rights or privacy rights of any person or entity.
Listen to the Radio Now is not obligated to maintain or support the Listen to the Radio Now Software, or to provide you with updates, fixes, or services related thereto. You understand that during Use of and/or by Using the Listen to the Radio Now Software, you may encounter Third-Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Listen to the Radio Now Software at your own risk and that Listen to the Radio Now shall not have any liability to you with respect to such content.
12.1 You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Listen to the Radio Now Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree that you will not export nor re-export the Listen to the Radio Now Software nor any technical data related thereto nor any direct product thereof to any country embargoed by the U.S.
12.2 By downloading and using the Listen to the Radio Now Software, you further represent and warrant that:
(a) you are not a citizen, national, or resident of, are under control of the government of, or located in a country that is, subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, including, without limitation, Cuba, Iran, Sudan, North Korea, Syria, or any country to which the U.S. has prohibited exports; and
(b) you are not listed on any U.S. government list of prohibited or restricted parties, including the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, and you are not listed on the United States Department of Commerce Table of Denial Orders. You will not download or otherwise export or re-export the Listen to the Radio Now Software nor any technical data related thereto nor any direct product thereof, directly or indirectly, to persons on the above-mentioned lists. You will not Use the Listen to the Radio Now Software for, and will not allow the Listen to the Radio Now Software to be used for, any purposes prohibited by U.S. law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction.
In addition to the limitations of Listen to the Radio Now’s liability expressly contained in this Agreement, Listen to the Radio Now further disclaims any warranty related to your Use of Listen to the Radio Now Software. You acknowledge and agree that you assume all the responsibility and risk for your Use of the Software and the results and performance thereof and your use of any Third-Party Software. THE Listen to the Radio Now SOFTWARE IS PROVIDED TO YOU ON AN \"AS IS\"; AND \"AS AVAILABLE\" BASIS, WITHOUT WARRANTY OF ANY KIND. Listen to the Radio Now DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Listen to the Radio Now OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. Listen to the Radio Now DOES NOT REPRESENT OR WARRANT:
(I) THAT THE Listen to the Radio Now SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APP WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
(II) THAT THE OPERATION OF THE Listen to the Radio Now SOFTWARE OR ANY THIRD-PARTY SOFTWARE WILL BE UNINTERRUPTED OR THAT THE DATA, SERVICES, OR FEATURES PROVIDED THEREFROM WILL BE ACCESSIBLE TO YOU; OR
(III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE Listen to the Radio Now SOFTWARE, ANY THIRD-PARTY SOFTWARE OR APP, AND ANY DATA ACCESSED THEREFROM. Listen to the Radio Now MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE Listen to the Radio Now SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE Listen to the Radio Now SOFTWARE OR THE THIRD-PARTY SOFTWARE OR APPS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Listen to the Radio Now SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE APPLICABLE Listen to the Radio Now SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL Listen to the Radio Now, ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF, OR IN CONNECTION WITH, THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE Listen to the Radio Now SOFTWARE OR ANY THIRD-PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCT LIABILITY, STRICT LIABILITY, AND NEGLIGENCE), AND WHETHER OR NOT Listen to the Radio Now WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL Listen to the Radio Now'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT, OF OR RELATED TO, THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE Listen to the Radio Now SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement shall be interpreted and enforced in all respects under the laws of the State of Missouri, USA as applicable to contracts to be performed entirely within the State of Missouri, USA. Any litigation arising out of this Agreement will be brought solely and exclusively in the state or federal courts located in Kansas City, Missouri, and the parties agree that jurisdiction and venue properly lie in such courts and waive any claim that a proceeding in any such court has been brought in an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, Listen to the Radio Now’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The terms “complaint” and “dispute” mean any dispute, action, complaint, or other controversy between you and Listen to the Radio Now concerning the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. We hope that any disputes that you have relating to our Site or our Services can be resolved by contacting Listen to the Radio Now’s customer service at email@example.com. If, however, we are unable to resolve any complaint or dispute informally, any complaint or dispute arising out of, relating to, or in connection with these Terms of Service (or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate) and the Services themselves shall only and exclusively be resolved by submission to mandatory, final and binding arbitration by the American Arbitration Association or its successor (“AAA”). If AAA ceases to provide arbitration service, then the term “AAA” shall mean and refer to J.A.M.S. The arbitration shall only be conducted in Kansas City, MO before a single arbitrator, in the English language. The arbitrator shall be a retired judge or justice, or a duly licensed attorney with no less than 15 years of experience in arbitrating commercial disputes involving the retail sale of goods and services. If the parties cannot agree upon an arbitrator within ten days of the filing of the demand for arbitration, the AAA shall select the arbitrator. Either party may commence arbitration by filing a written demand for arbitration with AAA and delivering a copy of such demand to the other party. The arbitration shall be held under the Commercial Arbitration Rules with Expedited Procedures of the AAA then in effect (or the J.A.M.S. Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed). Unless both you and we agree in writing otherwise, the arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. The arbitrator's determination shall be set forth in a brief, written statement reasonably explaining the disposition of the dispute and the amount of any award. The parties shall split the costs of all invoices issued by the AAA to conduct the arbitration but shall otherwise bear their own costs. Notwithstanding anything to the contrary herein, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm from occurring prior to the selection of the arbitrator. ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND YOU AGREE NOT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO ARBITRATE, YOU EXPRESSLY WAIVE ANY RIGHT TO A COURT OR JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. For any non-frivolous claim that is less than $10,000, we will pay the filing fee for the arbitration; provided, however, that if the arbitrator finds that your claim or relief sought is frivolous or brought for an improper purpose you shall promptly reimburse us all amounts paid by us that are your obligation to pay under the AAA rules. If the arbitrator grants an award in your favor based on the merits of your claim and such award is greater than the value of Listen to the Radio Now's last written settlement offer to you before an arbitrator was selected, then Listen to the Radio Now will pay you up to twice the amount of the award up to a maximum aggregate amount of $10,000. If we make any amendment to the arbitration provisions, you may reject any such amendment by sending us written notice to the contact address provided below within thirty (30) days after such amendment. By rejecting any such amendment, you agree that you will arbitrate any dispute in accordance with this Agreement. CONTACT
Listen to the Radio Now™
213 W 35th St. Suite 806
New York, NY 10001
To the maximum extent permitted by law, you agree to defend, indemnify, and hold Listen to the Radio Now harmless from and against any and all claims, suits, losses, liability, costs, or expenses (including, but not limited to, reasonable attorney fees) arising from or incurred as a result of your Use of the Listen to the Radio Now Software, including your downloading, installation, or Use of the Listen to the Radio Now Software, or your violation of this EULA.
Your license to Use the Listen to the Radio Now Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time by discontinuing the Use of all or any of the Listen to the Radio Now Software and by destroying all copies of the Listen to the Radio Now Software in your possession and control. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Upon termination, you must at Listen to the Radio Now’s request either promptly destroy or return to Listen to the Radio Now all copies of the Listen to the Radio Now Software in your possession or control. Sections 2, 3, 4, 7 through 14, 16 and 18 shall survive the termination of this EULA.
(a) This EULA and all the policies referenced herein constitute the entire agreement between Web internet Security and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Listen to the Radio Now.
(b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.
(c) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Listen to the Radio Now reserves the right, at our discretion, to update or revise this EULA.
(d) Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
(e) You may not assign your rights under this EULA to any party without Listen to the Radio Now’s consent. Listen to the Radio Now may assign or transfer this Agreement or any rights or delegate any obligations of Listen to the Radio Now hereunder to any third party at its sole discretion and without providing any notice to you or obtaining your consent. Listen to the Radio Now will be released of all rights or liabilities under this Agreement upon consummation of such assignment, transfer, or delegations.
(f) If any provision of this EULA shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions.
(g) Nothing in this EULA will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Listen to the Radio Now, and you do not have any authority to create any obligation or make any representation on Listen to the Radio Now’s behalf. If you need to contact us, please contact us here. You can also email us at firstname.lastname@example.org or you can send a letter to:
Listen to the Radio Now™
213 W 35th St. Suite 806
New York, NY 10001