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TERMS OF USE AGREEMENT

This site is owned and managed by the Wolf Creek Broadcasting Network Group (“Wolf Creek Broadcasting”) and is part of the Wolf Creek Broadcasting family of companies., including broadcast and Internet radio stations, Wolf Creek Broadcasting Outdoor, Wolf Creek Broadcasting Entertainment, “Wolf Creek Broadcasting Website,” and collectively the “Wolf Creek Broadcasting Websites”).

Wolf Creek Broadcasting provides this Wolf Creek Broadcasting Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this Wolf Creek Broadcasting Website. Your use of this Wolf Creek Broadcasting Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Wolf Creek Broadcasting Website. This Agreement sets forth Wolf Creek Broadcasting’s policies with respect to its operation of the Wolf Creek Broadcasting Websites

Certain products or services offered by this and other Wolf Creek Broadcasting Websites (each a “Wolf Creek Broadcasting Internet Service,” and collectively “Wolf Creek Broadcasting Internet Services”), and certain areas within this and/or other Wolf Creek Broadcasting Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services.

YOU ARE PROHIBITED to USE ANY Wolf Creek Broadcasting WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THE Wolf Creek Broadcasting WEBSITE MAY BE TERMINATED AND IS SOLEY BASED UPON Wolf Creek Broadcasting’S DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Changes to this Agreement

This Agreement is effective as of December 1, 2004. Wolf Creek Broadcasting reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Wolf Creek Broadcasting will provide notice of such change on this Wolf Creek Broadcasting Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Wolf Creek Broadcasting Website and/or Wolf Creek Broadcasting Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Wolf Creek Broadcasting Website and/or the Wolf Creek Broadcasting Internet Service to which the changes may apply.
Privacy and Protection of Personal Information

Wolf Creek Broadcasting has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information..

Accounts, Security, Passwords

If a particular Wolf Creek Broadcasting Website or Wolf Creek Broadcasting Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Wolf Creek Broadcasting immediately of any unauthorized use of your account. Wolf Creek Broadcasting is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Wolf Creek Broadcasting Internet Service.
Fees.

Except where otherwise provided, access to and use of this Wolf Creek Broadcasting Website and the Wolf Creek Broadcasting Internet Services offered through this site are currently available without charge. Wolf Creek Broadcasting reserves the right to charge a fee for access to or use of this Wolf Creek Broadcasting Website, or any Wolf Creek Broadcasting Internet Service available on this Wolf Creek Broadcasting Website at any time in the future. Your access to or use of this Wolf Creek Broadcasting Website before such time does not entitle you to use of this Wolf Creek Broadcasting Website without charge in the future.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS Wolf Creek Broadcasting WEBSITE AND/OR Wolf Creek Broadcasting INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS Wolf Creek Broadcasting WEBSITE OR Wolf Creek Broadcasting INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,”” BASIS. Wolf Creek Broadcasting MAKES NO REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Wolf Creek Broadcasting DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. Wolf Creek Broadcasting DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS Wolf Creek Broadcasting WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Wolf Creek Broadcasting DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS Wolf Creek Broadcasting WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.WOLF CREEK BROADCASTING AND IT’S RADIO STATIONS ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR WOLF CREEK BROADCASTING ON LINE ITERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links

This Wolf Creek Broadcasting Website DOES contain links to websites operated by third parties. Wolf Creek Broadcasting does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Wolf Creek Broadcasting's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Software Available Through Wolf Creek Broadcasting Website

Any software that is made available to view and/ or download in connection with a Wolf Creek Broadcasting Internet Service (“Software”) is owned or controlled by Wolf Creek Broadcasting and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions.

Third-Party Merchants

This Wolf Creek Broadcasting Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Wolf Creek Broadcasting. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Wolf Creek Broadcasting does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Wolf Creek Broadcasting will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Wolf Creek Broadcasting Internet Service.

Modification/Termination by Wolf Creek Broadcasting

Wolf Creek Broadcasting reserves the right, in its sole discretion, to modify, suspend, or terminate this Wolf Creek Broadcasting Website and/or any portion thereof, including any Wolf Creek Broadcasting Internet Service, and/or your account, password, or use of any Wolf Creek Broadcasting Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a Wolf Creek Broadcasting Internet Service removes your authorization to use the Wolf Creek Broadcasting Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Wolf Creek Broadcasting shall not be liable to you or any third-party for any termination of your access to a Wolf Creek Broadcasting Internet Service.

Interactive Services

This Wolf Creek Broadcasting Website may offer certain Wolf Creek Broadcasting Internet Services having interactive components such as bulletin boards, chat rooms and forums (collectively “Wolf Creek Broadcasting Interactive Services”). A copy of the Interactive Service Additional Terms can be found here.

Subscription Services

This Wolf Creek Broadcasting Website may offer certain Wolf Creek Broadcasting Subscription Services such as newsletters (collectively “Wolf Creek Broadcasting Subscription Services”). By registering for a Wolf Creek Broadcasting Subscription Service, you will be subject to any charges and rules set forth in the description of that service.

Premium Services

Some Wolf Creek Broadcasting Internet Services on this Wolf Creek Broadcasting Website, including certain Wolf Creek Broadcasting Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (“Wolf Creek Broadcasting Premium Service”). By using the Wolf Creek Broadcasting Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service. A copy of the Premium Service Additional Terms can be found here.

Contests/Sweepstakes

For Additional Terms applying to all contests or sweepstakes conducted by this Wolf Creek Broadcasting Website, refer to this site's contest or sweepstakes information.

Limitations on Liability

In no event shall Wolf Creek Broadcasting, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Wolf Creek Broadcasting Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Wolf Creek Broadcasting Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Wolf Creek Broadcasting Website or any information, software, products, services, and related graphics obtained through the Wolf Creek Broadcasting Website; (vi) any transactions entered into through this Wolf Creek Broadcasting Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Wolf Creek Broadcasting Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Wolf Creek Broadcasting Website and Wolf Creek Broadcasting Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Wolf Creek Broadcasting has been advised of the possibility of damages.

Indemnification

You agree to indemnify, defend, and hold harmless Wolf Creek Broadcasting, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Wolf Creek Broadcasting Website and any related Wolf Creek Broadcasting Internet Service and/or software. Wolf Creek Broadcasting reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Wolf Creek Broadcasting in asserting any available defenses.

International Use/U.S. Export Controls

Accessing materials on this Wolf Creek Broadcasting Website by certain persons in certain countries may not be lawful, and Wolf Creek Broadcasting makes no representation that materials on this Wolf Creek Broadcasting Website are appropriate or available for use in locations outside the United States. If you choose to access this Wolf Creek Broadcasting Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this Wolf Creek Broadcasting Website. No software or any other materials associated with this Wolf Creek Broadcasting Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Wolf Creek Broadcasting Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

PREMIUM SERVICE ADDITIONAL TERMS

You may register for a Wolf Creek Broadcasting Premium Service by reading and agreeing to the Terms of Use Agreement and these Premium Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Premium Service Additional Terms, you may not register for the Wolf Creek Broadcasting Premium Service.

Member Account and Password

You are responsible for any membership name and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.

Charges for Premium Service

Wolf Creek Broadcasting will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.

Limited to Personal and Non-Commercial Use

This premium service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing:

Holland + Knight
10 St. James Avenue.11th Floor
Boston. Ma 02116
Charles.Naftalin@hklaw.com
www.hklaw.com
Telephone: 617-854-1475
Facsimile: 617-523-6850

Cancellation

You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service. In the event that you have paid a fee to register on this site, we will return the unused portion of your membership fee on a 52-week pro-rated basis within ninety (90) days of your cancellation of your membership.
e reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.

Modification of these Terms of Use

Wolf Creek Broadcasting may from time to time change the terms and conditions governing this premium service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of this premium service constitutes your agreement to all such terms and conditions.

Submissions

Unless otherwise stated, we will not review or consider any unsolicited submissions to this premium service. All submissions to this premium service become our property. No submission will be subject to any reimbursement or other payment by us.

Service Contact

You may email your requests for customer service through the contact information provided on the home page of THE WOLF CREEK BROADCASTING WEB SITE

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