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Terms of Service
ACCEPTANCE OF TERMS
Welcome to KAHI 950AM web site. KAHI 950AM web site provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular KAHI 950AM services, you and KAHI 950AM shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. KAHI 950AM also may offer other services from time to time. By accessing this Site, you agree to be bound by the terms and conditions below ("TOS"). If you do not agree to all of the Terms, please do not use the Site. KAHI 950AM may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

1. DESCRIPTION OF SERVICE
KAHI 950AM currently provides users with access to a rich collection of on-line resources, including, various music information, community information, advertiser information, personalized content and branded programming through its network of properties including this web site (the "Service"). You understand and agree that the Service is provided "AS-IS" and that KAHI 950AM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or KAHI 950AM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KAHI 950AM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). KAHI 950AM is concerned about the safety and privacy of all its users, particularly children. Therefore to comply with COPPA, minors under the age of 13 cannot register. Thus by accepting this TOS your are admitting your are over the age of 13.

3. KAHI 950AM PRIVACY POLICY
We take your confidentiality very seriously. Should ever-confidential information be communicated to a KAHI 950AM server, it is encrypted using 128-bit Secure Sockets Layer (SSL) technology - the industry standard for secure communication over the Web. KAHI 950AM does not collect personal information about individuals except when knowingly provided by such individuals. Any personal information (e.g., name, e-mail address, etc.) provided by such individuals may be used in connection with confirming your Internet listing report or service order, notify you of special promotions, notify you of changes and updates to the site, or to remind you of a holiday or special announcement. We will never sell your e-mail address to another company or disclose it to any other person. We assure you, your e-mail address will not be made available to other companies. Please note that KAHI 950AM web site may contain links to other sites that may have different policies, and we do not bear any responsibility for any actions or policies of such other sites.

4. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not KAHI 950AM, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. KAHI 950AM does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will KAHI 950AM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a KAHI 950AM official, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

k. "stalk" or otherwise harass another; or

l. collect or store personal data about other users.

You acknowledge that KAHI 950AM does not pre-screen Content, but that KAHI 950AM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, KAHI 950AM and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by KAHI 950AM or submitted to KAHI 950AM, including without limitation information in KAHI 950AM, Shop the Foothills, Community Calendar, and in all other parts of the Service.

You acknowledge and agree that KAHI 950AM may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of KAHI 950AM, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.

5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
KAHI 950AM does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant KAHI 950AM the following world-wide, royalty free and non-exclusive license(s), as applicable:

o With respect to Content you submit or make available for inclusion on publicly accessible areas of KAHI 950AM, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Content which was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or KAHI 950AM removes such Content from the Service.

o With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than KAHI 950AM Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or KAHI 950AM removes such Content from the Service.

o With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than KAHI 950AM, Shop the Foothills, Community Calendar perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

o "Publicly accessible" areas of the Service are those areas of the KAHI 950AM network of properties that are intended by KAHI 950AM to be available to the general public. By way of example, publicly accessible areas of the Service would include KAHI 950AM, Shop the Foothills, Community Calendar, and any area that are open to both users and visitors.

7. INDEMNITY
You agree to indemnify and hold KAHI 950AM, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. GENERAL PRACTIVES REGARDING USE AND STORAGE
You acknowledge that KAHI 950AM may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, postings or other uploaded Content will be retained by the Service. You agree that KAHI 950AM has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the Service. You acknowledge that KAHI 950AM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that KAHI 950AM reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. MODIFICATIONS TO SERVICE
KAHI 950AM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that KAHI 950AM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION
You agree that KAHI 950AM, in its sole discretion, may terminate any password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if KAHI 950AM believes that you have violated or acted inconsistently with the letter or spirit of the TOS. KAHI 950AM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that KAHI 950AM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that KAHI 950AM shall not be liable to you or any third-party for any termination of your access to the Service.

12. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that KAHI 950AM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because KAHI 950AM has no control over such sites and resources, you acknowledge and agree that KAHI 950AM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that KAHI 950AM 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.

14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

o YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KAHI 950AM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

o KAHI 950AM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED.

o ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

o NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAHI 950AM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

o LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KAHI 950AM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KAHI 950AM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

o NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

o COPYRIGHTS
KAHI 950AM respects the intellectual property of others, and we ask our users to do the same.

15. GENERAL INFORMATION
These Terms are governed by and shall be construed and enforced in accordance with the laws of the State of California, County of Placer, as it is applied to agreements entered into and to be performed entirely within such State and County. Any action you bring to enforce this agreement or any matters related to this site shall be brought in either the State or Federal Courts located in Placer County, California. If the appropriate court is not available in Placer County, then it shall be brought before the appropriate court in Sacramento County, California. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

The section titles in the TOS are for convenience only and have no legal or contractual effect.