We take protecting your privacy seriously and want you to understand how we do and don’t use information about you. Below you’ll find information about our commitment to ensuring the privacy of your personally identifiable information (“Personal Information”). If you have any questions or concerns, please send us an email at firstname.lastname@example.org.
Categories of Information We May Collect
Sources of Personal Information
How We Use Your Personal Information
To Whom We Disclose Your Personal Information
Cookies and Similar Tracking Technologies
How We Protect Your Personal Information
How Long We Retain Your Information
Third Parties and Links to Other Websites and Services
Transfers of Information to Other Countries
CATEGORIES OF INFORMATION WE MAY COLLECT
Depending on the services you use, the following are the categories and specific types of Personal Information that we may collect:
- Your login information (e.g., when you sign into your membership account);
- Your email address (e.g., when you sign up for an email newsletter or for a membership account);
- Your name and/or address (e.g., when you register for a contest or sweepstakes or a membership account);
- Your phone number (e.g., if you call us);
- Financial information (e.g., if you make a donation);
- Your Content submissions (e.g., a Colorado Wonders submission or a call for listener requests on CPR Classical or Indie 102.3);
- Device identifier, internet protocol (IP) address, or similar unique identifiers;
- Browsing or search history and information regarding your interactions with our websites, mobile applications, emails, or advertisements; and
- With your consent we may ask you for certain demographic information if you participate in an interview.
SOURCES OF PERSONAL INFORMATION
HOW WE USE YOUR PERSONAL INFORMATION
Providing the CPR Platform
- To provide you access to the CPR Platform.
- To manage your membership.
- When you provide us payment information in order to process a donation or purchase an item, this information is encrypted, using reasonable, industry-standard security measures, and is used (generally by our third party vendors) only to fulfill your transaction.
- To provide you with certain other services that you request or in which you choose to participate.
Communicating With You
- To communicate with you and to respond to your requests, questions, comments, and other inquiries.
- To understand what partner resources you use, if any, and to connect you to additional resources at your request.
Analytics and Administration of the Platform
- To administer, maintain, evaluate, and improve the CPR Platform, and to develop new products and services.
- To conduct research and analytics related to the CPR Platform.
Marketing and Promotional Purposes
- We may use Personal Information for marketing and promotional purposes to show you advertisements for products and/or services tailored to your interests on social media and other websites.
- To offer you personalized advertisements, which you may be able to opt out of as explained in the “Your Choices” section.
Core Business Functions
- To manage our business operations, perform our obligations and exercise our rights under any agreement that you have with us.
- For other purposes with your consent, or as otherwise permitted or required by applicable law.
- We use Personal Information to comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.
Security and Fraud Prevention
- We use Personal Information to detect, investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including fraudulent transactions, attempts to manipulate or violate our policies, procedures, and terms and conditions, security incidents, and harm to the rights, property, or safety of CPR and our users, employees, or others.
TO WHOM WE DISCLOSE YOUR PERSONAL INFORMATION
- Within CPR. We may share your Personal Information with our corporate affiliates (e.g., parent company, sister companies or subsidiaries, and other companies under common control) or joint ventures to which we are a party.
- Service Providers. We disclose information to service providers as necessary for them to assist us with our business operations and provide services to us, subject to appropriate confidentiality and data protection agreements. Among other things, service providers assist us with website hosting, data storage, data analytics, helping with addressing security, managing memberships, fixing errors, processing payments, providing technical support, sending communications, providing assessments, fulfilling user requests, and other activities related to the management of our business and services. These service providers maintain customer databases with information obtained via the CPR Platform and other collection methods (through events, phone calls, etc.) and visitors who have provided them to us by registering at our website, signing up for a newsletter or email, emailing questions to us about the services, donors who submit online contributions or online buyers who make a purchase.
- Government Entities or Regulators. We may disclose information for legal reasons as we believe to be necessary or appropriate to: (a) satisfy any applicable law, legal process, or proper governmental request; (b) enforce any agreement we may have entered into with you or your organization, including investigating any violations or asserting remedies; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) protect against harm (whether tangible or intangible) to the rights, property, or safety of CPR, our users, or the public as required or permitted by law; and (e) establish or exercise our rights, defend against a legal claim, and investigate, prevent, or take action regarding possible illegal activities or a violation of our policies.
- Business Transaction. We may disclose Personal Information to a potential or actual buyer in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, including any due diligence related to such a transaction.
- De-identified or Aggregate Information. We may aggregate and anonymize information you provide to us in such a way as to ensure it will no longer be identifiable to you. This data may be used for statistical, analytic, and administrative purposes, including analyzing our website traffic and trends, tailoring our Platform, or conducting product analysis. We may share anonymized or aggregated data at our discretion, in accordance with applicable laws.
- Please note that if you share Personal Information through a public feature, it may become public (e.g., if you include your email address in a comment, other users will see it, or if you include your name in a content submission, it may be read on the air or posted online to attribute the content).
COOKIES AND SIMILAR TRACKING TECHNOLOGIES
We differentiate between cookies that are essential for the technical features of our website and optional analytics and advertising cookies.
|Essential Cookies||These are cookies that the websites need in order to function, and that enable you to move around and use the website and features. Without these essential cookies, the websites will not perform as smoothly for you as we would like them to and we may not be able to provide the websites or certain services or features you request. Examples of where these cookies are used include to determine when you are signed in, to determine when your account has been inactive, and for other troubleshooting and security purposes.|
|Analytics Cookies||Analytics cookies allow us to understand more about how many visitors we have to our websites, how many times they visit us, and how many times a user viewed specific pages within our websites. Although analytics cookies allow us to gather specific information about the pages that you visit and whether you have visited our websites multiple times, we cannot use them to find out details such as your name or address. We use Google Analytics. For more information about Google Analytics, please refer to “How Google Uses Information From Sites or Apps that Use Our Services,” which can be found at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time.|
Full List of Cookies
You may be able to make the following choices regarding your Personal Information:
- Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service-related communications.
- If you disable cookies, your ability to use some features of the website may be limited. Any choices concerning cookies are browser- and/or device-specific. If you clear your cookies from your browser on any of your devices, your choices will need to be reset. You should check how to do this on your device(s) and operating systems.
- For mobile devices, you may be able to manage certain cookies using your built-in mobile device settings and controls.
Data Subject Rights
If you are a Colorado resident you may have certain rights regarding your Personal Information. The rights available to you depend on our reason for processing your Personal Information and the requirements under Colorado law. Specifically, you may have the following rights:
- Access: You have the right to request access to the Personal Information we hold about you, along with other information such as the purposes of the processing, the recipients or categories of recipients to whom the Personal Information has been or will be disclosed, the sources of the Personal Information, retention, and transfers of Personal Information.
- Correction: You have the right to request correction of inaccurate Personal Information we have about you. Depending on the purposes of the processing, you may have the right to have incomplete Personal Information completed, including by means of providing a supplementary statement. You may also be able to correct the information in your account or profile.
- Deletion: You have the right to request that we delete your Personal Information.
- Data Portability: Under certain circumstances, you have the right to receive the Personal Information about you that you have provided to us in a structured, commonly used, and machine-readable format.
- Opt Out of Targeted Advertising: Our use of advertising cookies or other tracking technologies is considered targeted advertising under Colorado law. As such, you can opt out of our use of targeted advertising technologies and cookies by following the directions in the “Opt Out of Cookies” section above.
- The following categories of Personal Information disclosed are considered targeted advertising under Colorado law: device identifiers.
- The following categories of third parties to whom Personal Information was disclosed are considered targeted advertising under Colorado law: social media platforms and networks.
Please note that many of the above rights are subject to exceptions and limitations. Your rights and our responses will vary based on the circumstances of the request. If you choose to assert any of these rights under applicable law, we will respond within the time period prescribed by such law. In some cases, we may limit or deny your requests. This may occur because the law permits or requires us to do so, or if we are unable to adequately verify your identity.
Please note that we must be able to verify your identity to make sure you are the person about whom we have collected Personal Information or an authorized representative. Depending on the type of request, we may conduct the verification process by email or phone using information that matches our records. The information you must provide as part of the verification process may include: name, contact information (such as email address or phone number), relationship with us, and residency. We may also ask for additional information as needed based on your relationship with us.
You may also designate an authorized agent to submit a request on your behalf to access or delete your Personal Information. To do so, you must (1) provide that authorized agent written and signed permission to submit such request, and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized to submit such request.
If we are not able to provide the requested information or make the change you requested, you will be provided with the reasons for such decisions. If you are located in the state of Colorado, you may have the right to appeal our decision by contacting us at email@example.com. Additionally, you can also contact the Colorado Attorney General if you have any concerns regarding the results of your appeal.
To submit a request to exercise any such rights (if they apply to you), please contact us at: firstname.lastname@example.org.
HOW WE PROTECT YOUR PERSONAL INFORMATION
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your Personal Information from unauthorized access, use, or disclosure, we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of a breach to your Personal Information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
HOW LONG WE RETAIN YOUR INFORMATION
COMMERCIALLY RECOGNIZED OPT OUT SIGNAL
CPR generally recognizes commercially recognized opt-out preference signals (e.g., Global Privacy Controls). Recognition of this signal applies only to the specific device and/or browser that communicates the signal and does not cross over to all devices/browsers you use to access the services.
THIRD PARTIES AND LINKS TO OTHER WEBSITES AND SERVICES
The CPR Platform may contain links to services maintained by third parties that do not follow the same privacy practices as CPR. In some cases, we may also include certain embedded tools provided and controlled by third parties, or that permit you to submit information to these third parties. These services and tools are governed by the terms and policies of those third parties. Please review these services’ own privacy policies for more information.
The CPR Platform is not intended for persons under 13 years of age. We do not knowingly collect or maintain Personal Information from persons under 13 years of age. If we learn that we have collected Personal Information from persons under 13 through our services, we will take appropriate steps to delete this information.
TRANSFERS OF INFORMATION TO OTHER COUNTRIES
We are based in the United States. If you are located outside of the United States, you should be aware that your Personal Information may be transferred to, stored, and processed in a country other than the one in which it was collected, including the United States, and the laws may be less stringent than the laws in your country.
Please email us at: email@example.com.
Effective: October 13, 2023
Last Revised: October 13, 2023
Terms of Service
1. General Rules and Definitions
The following Terms of Service (“Terms”) govern your use of CPR.org, Denverite.com, KRCC, or any of the related or affiliated websites related or affiliated mobile sites and applications (collectively, the “Site(s)”), or any of the related services, features, functionality and content of these Sites and applications, including but not limited to content feeds (including but not limited to RSS and APIs), podcasts, live and on-demand streams, mobile applications, software and other downloads, the Site’s social networking features, forums and discussions (all Site features collectively, the “Service”).
NOTE THAT ALL CLAIMS AND DISPUTES ARISING UNDER THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
You may access specific portions of these Terms through the following links:
- General Rules and Definitions
- Restrictions on Use of the Site and Services
- Podcasts and Content Feeds
- Monetary Contributions
- Notice and Takedown Policy
- Links to Third Party Sites
- Representations and Warranties
- Disclaimer of Warranties
- Limitation of Damages
- Release and Indemnity
- Additional Terms
- Use of Third Party Content on the Site
- General Information
- Contact Us
2. Restrictions on Use of the Site and Services
You may only use the Site and the Services for lawful purposes in accordance with these Terms. As a condition of your use of the Site and Services, you represent and warrant to us that you will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms.
Whether on behalf of yourself or on behalf of a third party, you may only use this Site or the Services as follows:
- You may use this Site and the Services for non-commercial personal use only. The Site provides an online information exchange service for use by CPR and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Content, as defined below, for commercial purposes or otherwise use the Content in a manner that is inconsistent with these rules and regulations.
- You may not remove, copy, alter, reproduce, modify, create derivative works of republish, post, publicly perform, publicly display, broadcast, download, transmit, distribute, license or commercially exploit, in whole or in part, the Site or its Content, except as expressly permitted by these Terms or as otherwise indicated on the Site, or, if applicable, by the respective content owner as indicated in any end user license agreement, if any, that accompanies such Content, provided that you include without modification all copyright and other proprietary notices contained in the Content.
- You may not circumvent, disable or otherwise interfere with security- related features of the Services or features that prevent or restrict use or copying of any content. You further agree not to reverse engineer or jeopardize the correct functioning of the Site or attempt to gain access to secured portions of the Site to which you do not possess access rights.
- You may not use the communications systems provided by the Site for any advertising, promotion or solicitation purposes, regardless of whether or not this is for commercial or non-profit purposes.
- You may not use the Site or Services to generate unsolicited email advertisements or spam, to conduct or promote any illegal activity, for political campaigning, or soliciting support for legislative or other initiatives. You may not use the Site or its Content to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity, or express or imply that we endorse any statement that you make.
- In connection with the use of the Services, you shall abide by all applicable federal, state and local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. The violation of applicable laws may give rise to civil and/or criminal penalties. You may not use the Site in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying this Site.
- You may copy and download only the content designated on the Site as downloadable. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
CPR reserves all rights not expressly granted in and to the Site and the Content.
All elements of the Site, including, without limitation, software, text, graphics, logos, button icons, images, audio clips, streams, downloads, and data compilations (collectively, “Content”) are, as between you and CPR, the sole property of CPR or its licensors, and protected by United States and international law, including copyright law. All Content and intellectual property rights therein are the property of CPR or of third parties who have licensed their rights to CPR. Except for content for which CPR gives explicit authorization, or as otherwise permitted under law, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way.
Such marks are proprietary to CPR, unless otherwise noted, in which case they are the trademarks, service marks, and/or trade names of the respective owner as indicated by the mark, as the case may be. All rights are reserved by the respective owners. You may not use any CPR-provided service marks, logos or graphics, without CPR's prior written consent, except that you shall have the right, and obligation, to use any CPR or other content provider service mark or logo included in, or required to be used in connection with, Content or other functionalities of the Site, subject to the requirements set forth in these Terms for the use of the Content or other functionalities of the Site.
Copyrights. As between you and CPR, CPR and its licensors own and reserve the copyrights in this Site, including all of its Content. Under these Terms, we hereby grant you a limited license to access and use this Site and to download and print copies of any Content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license does not include use of any data mining, robots or similar data gathering or extraction methods. We may revoke this license at any time and for any reason without notice.
Trademarks. All trade names, trademarks and service marks displayed on this Site are the registered or unregistered trademarks of CPR, its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties.
Restrictions. Except as otherwise provided in these Terms, you may not use, copy, reproduce, distribute, republish, download, modify, display, post or transmit Content or Trademarks in any form or by any means without our express prior written permission.
Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding this Site and the information, products, and services we make available through this Site (collectively, “Feedback”). By submitting Feedback, however, please note that you represent and warrant that you have the legal rights to disclose any ideas or information you include in your Feedback. Please also note that the Feedback you provide to us through this Site will be and remains our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. This means that we will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
4. Podcasts and Content Feeds
The MP3 audio files and XML files that together comprise a CPR produced and originated podcast (herein referred to as the “Podcast”) are protected by U.S. and international copyright laws. All rights to Podcast(s) produced by CPR and originated from CPR.org, including the content and technology included therein, are reserved to CPR. CPR produced and originated podcast(s) are available for personal, noncommercial use only. You may link to CPR Podcast(s) from your personal website and audio files may be downloaded and played on any system for personal, noncommercial purposes, provided that, unless permission to do so is expressly stated:
- you do not modify or delete any of the Podcast content nor individual audio files;
(b) you do not redistribute the MP3 audio files made available as part of the Podcast nor any audio file downloaded from the Site;
- the use or display does not suggest that CPR nor the producer of the Podcast(s) promotes or endorses any third party causes, ideas, websites, products or services;
- audio files made available for download are not to be reproduced, edited, re-transmitted, or in any way repurposed without prior consent from the producer and CPR, except as permitted by law.
For permission requests, please contact firstname.lastname@example.org.
CPR reserves the right to discontinue providing Podcast(s) and to require that you cease accessing or using the podcast(s) or any elements of the Podcast at any time for any reason.
Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the Podcast producer, CPR, nor any local station be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the Podcast(s).
5. Monetary Contributions
In some instances, we may provide you with the opportunity to support our Sites and Services.
- Monetary Contribution Information: If you wish to support our Site and our Services through a monetary contribution (a “Contribution”), you may be asked to supply certain information relevant to your Contribution, including information about your method of payment (such as your payment card number and expiration date) and your billing address (collectively, “Contribution Information”). You represent and warrant that you have the legal right to use any Contribution Information utilized in connection with any Contribution. By submitting Contribution Information to us, you grant to us the right to provide such information to third parties for the purposes of facilitating the completion of Contribution initiated by you or on your behalf. Verification of Contribution Information may be required prior to the acknowledgment or completion of any Contribution.
- Payment: You agree to pay us all Contribution charges and fees that may be incurred by you or on your behalf through the Site.
6. Notice and Takedown Policy
All rights, including copyright and database rights, in this Site and the Site’s Content are owned by or licensed to CPR, or otherwise used by CPR as permitted by applicable law or agreement.
Notification of Copyright Infringement. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Site infringes upon your copyrights, you may submit a notification to CPR’s Designated Agent pursuant to the Digital Millennium Copyright Act (“DMCA”), Section 17 USC 512(c)(3) of the US Copyright Act. All notifications of claimed copyright infringement should be forwarded to our privacy@CPR.org.
According to Section 512(c)(3)(a), any copyright infringement notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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 right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the above requirements, your notice may not be valid pursuant to the DMCA. Please note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing on existing copyrights may be subject to liability.
7. Links to Third Party Sites, Embedded Tools and Services
The CPR Sites contain links to Internet sites, applications and services maintained by third parties, over which CPR has no control. CPR does not endorse the content, operators, products or services of such sites, and CPR is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. We make no representations regarding the content or accuracy of materials on such third party websites. You further acknowledge and agree that CPR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your use of such websites is subject to the terms and policies of the owner of such websites and not these Terms.
In some cases, the Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. For instance, the Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to CPR and that your use of the third party services is subject to the terms and policies of those services. YOUR USE OF THIRD-PARTY WEBSITES OR SERVICES IS AT YOUR OWN RISK.
8. Representations and Warranties
You represent and warrant to CPR that: (1) you have the legal right and authority to enter into these Terms; (2) these Terms form a binding legal obligation on your behalf; (3) you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms; and (4) your use of and access to the Site will comply with all applicable laws, rules, and regulations and will not cause CPR to violate any applicable laws, rules, or regulations.
9. Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SITE, ANY CONTENT ON THIS SITE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CPR DOES NOT WARRANT THAT ANY CONTENT IS COMPLETE OR ACCURATE, THAT THE CPR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY CONTENT OR ANY COMMUNICATIONS SENT FROM US IS FREE FROM UNAUTHORIZED ACCESS, THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISM, OR OTHERWISE MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SITE. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS SITE BY OUR CUSTOMERS OR BY SITE USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT OUR OPINION, ADVICE OR STATEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK. NO ADVICE OR CONTENT OBTAINED BY YOU FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10. Limitation of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM OR RESULT FROM THE USE OR INABILITY TO USE THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON CONTENT AVAILABLE ON THE SITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, DISCLOSURE OF COMMUNICATIONS, OR LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY, OR ANY OTHER FAILURE OF PERFORMANCE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CPR OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON OUR LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS WILL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
11. Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST CPR AND/OR THE MEMBER STATIONS, AND ITS AND/OR THEIR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, ASSIGNS, USERS, CUSTOMERS, PROVIDERS, LICENSEES, AND SUCCESSORS IN INTEREST (“INDEMNIFIED PARTIES”), ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR BREACH OF ANY REPRESENTATIONS, WARRANTY, OR OTHER PROVISION IN THESE TERMS, OR FAILURE TO ABIDE BY APPLICABLE LAW.
We are continually improving and adding to the features and functionality of this Site and the Services we offer through this Site. As a result of these changes (or changes in applicable law), these Terms may be modified by CPR from time to time without notice by posting the revised version of these Terms to the link marked “Terms of service” at the bottom this Site. Any modifications will be effective 24 hours after posting through the Site or delivery of such other notice. You must cease using the Site or terminate these Terms at any time if you do not agree to any changes. Continuing to use the Site after a change has been made will signify your acceptance of the changes. You should refer back to this page for future updates. Whenever we do change these Terms, we will also change the “effective date” at the bottom of these Terms.
13. Additional Terms
14. Use of Third Party Content on the Site
Content owned by third party content publishers, such as text, photo, graphic, audio and/or video material, shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these third party materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the third party material found on this Site. Those third parties, such as the Associated Press, will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
15. General Information
- Right to Modify or Discontinue This Site. We reserve the right at any time to modify or temporarily or permanently discontinue this Site or the Services (or any part thereof) with or without notice, and we will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.
- Use of Terms. Words and phrases used in these Terms have the definition given in these Terms or, if not defined herein, have their plain English meaning as commonly interpreted in the United States. As used in these Terms, the term “including” means “including, but not limited to.” Section headings are for reference purposes only.
- Entire Agreement. The Terms constitutes the entire agreement between you and CPR and governs your use of the Site, superseding any prior version of these Terms between you and CPR with respect to the Site.
- Conflicts. Some of the Content in the Site may now or in the future be made available under the specific terms of a license agreement. Where any matter contained in these Terms or elsewhere on the Site may be read so as to alter, amend or supersede any part of such license agreement, then the license agreement shall be taken to be the definitive and over-ruling part of these Terms.
- Choice of Law and Forum. You and CPR each agree that the Terms and the relationship between the parties shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and CPR, shall be brought exclusively in the courts located in Denver, Colorado. You and CPR agree to submit to the personal jurisdiction of the courts located within Denver County, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred to the extent permitted by applicable law.
- Waiver. Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
- Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions, and the court will substitute for such provision a valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms will remain in full force and effect.
- Relationship of the Parties. The parties hereto are independent parties, not agents, employees or employers of the other, or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any assignment in violation of the foregoing will be null and void. We may freely assign these Terms.
16. Contact Us
If you have any questions about the Terms, please contact us at email@example.com.
Effective Date: October 13, 2023
Last Updated: October 13, 2023