WEBSITE TERMS OF USE
EFFECTIVE DATE: JANUARY 30, 2025
Thank you for visiting this site, which is owned and operated by the American Public Media Group (APMG), or one of its affiliates and related companies, including but not limited to Minnesota Public Radio (MPR) and Southern California Public Radio (SCPR) whether under its own name or an assumed name such as American Public Media (APM), LAist, and the Glen Nelson Center (collectively referred to as “APMG,” “we,” “us,” and “our”).
These Terms of Use, together with the terms of the APMG Privacy Policy which is incorporated herein by reference (collectively, the “Terms”), are between you and APMG and govern your use of this website or mobile application, including the podcasts or other media services, as well as electronic newsletters, in-bound or out-bound phone conversations, email, and mail, and other forms of communication (collectively referred to as, the “Services”) owned and operated by APMG (collectively and each referred to as, the “Site”). This includes all online communications, Podcasts (as defined below), text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials, content or other media services offered thereby, and the software and code comprising of or used to offer such materials, content or media services (collectively, the “Content”). “You” and similar terms means you, as an individual, as well as the organization, business, or entity on whose behalf you are using the Site. You represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such organization, business, or entity.
Please read these Terms carefully. By either: (i) accessing or using the Site, or (ii) clicking on the “I Agree,” “Submit,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.
Please pay particular attention to the following provisions: Ownership of This Site, User Content, Warranty Disclaimers, and Indemnification.
YOU SHALL NOT POST, PUBLISH, TRANSMIT, REPRODUCE, DISTRIBUTE ON IN ANY WAY USE OR EXPLOIT ANY CONTENT FOR COMMERCIAL PURPOSES, NEITHER CAN YOU USE THE CONTENT IN A MANNER THAT IS INCONSISTENT WITH THESE TERMS. YOU SHALL ABIDE BY ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS, INCLUDING COPYRIGHT OR TRADEMARK INFRINGEMENT.
I. ACCEPTANCE; ELIGIBILITY; ACCESS
(a) Acceptance of Terms of Use
These Terms apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use this Site.
(b) Acceptance of Our Privacy Policy
Before using this Site, please carefully review our Privacy Policy. You agree that the collection, use, and disclosure of all personal information provided to us as a result of your access and use of this Site is governed by our Privacy Policy and you consent to all actions we take with respect to your information in accordance with our Privacy Policy.
(c) Eligibility
These Terms of Use are a legal contract, which APMG may enforce and to which you agree to be bound. If you do not intend to be bound by these Terms of Use, then you must not access or use the Site.
(d) Access
Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable right to access and use the Site, solely and strictly in accordance with these Terms. You understand and agree that the Site is provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Site under these Terms.
You may be required to or allowed to register and create an account in order to access and use the Site. It is a condition of your access and use of the Site that all the information you provide to register with the Site or create an account is correct, current, and complete. You agree that all information you provide to register with the Site or create an account is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users. APMG does not make any representations or guarantees regarding uptime or availability of the Site.
We may block, limit or terminate your access to the Site for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law, rule, or regulation relating to your use of the Site, including the intellectual or proprietary right of any third party; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, defamatory, or otherwise harmful to us or others; or (iv) you breach any other agreement with us.
(e) Updates
We may from time to time in our sole discretion develop and provide Site updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
II. CONSENT TO OTHER AGREEMENTS OR NOTICES
When you sign up to use a special feature of this Site, you may be asked to agree to special terms or additional privacy notices governing or relating to your use of the special feature (“Additional Terms”). In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the terms of the Additional Terms are different than the terms of these Terms, the terms of the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.
III. OWNERSHIP OF THIS SITE
(a) Content
This Site, including all its Content, are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. The Services and all Content, and all intellectual property rights therein, are the property of APMG or its licensors. All rights regarding the Services and all Content are owned by APMG, are licensed to it, or used with permission of the rights owner. All Content is protected pursuant to applicable U.S. and international copyright and trademark laws.
You understand that APMG presenting and/or providing Content on this Site does not constitute a waiver of any of our, or our licensors, rights in such Content. You do not acquire ownership rights to any such Content viewed through this Site. EXCEPT AS OTHERWISE PROVIDED HEREIN, NONE OF THIS CONTENT MAY BE USED, COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, DOWNLOADED, MODIFIED, DISPLAYED, POSTED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING, OR OTHERWISE, WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION OF APMG.
Permission is hereby granted, to the extent necessary and consistent with the fair use doctrine under U.S. Copyright laws, (i) to lawfully access and use this Site, and (ii) to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (a) do not modify the Content; (b) you retain any and all copyright and other proprietary notices contained in the Content; and (c) you do not copy or post the Content on any network computer or broadcast the Content in any media. Prior permission must be obtained for any other use of the Site or of Content on the Site. For information on how to obtain permission, review APMG’s “Permission to Republish” guidelines located here.
In addition to the foregoing, you are strictly prohibited from accessing or using the Services with any technological device or code (e.g., a bot) or providing APMG with information or materials that are solely generated by use of a technological device or code. You are further prohibited from, and nothing in these Terms shall be construed as granting you any license to, scraping, crawling, caching, or otherwise systematically or automatically processing any Content made available via the Services, for any purpose, including for the purposes of developing, training, or writing, or enabling any third party to develop, train, or write, any software application or program (including, but not limited to, any models, algorithms, machine learning technologies/tools, artificial intelligence technologies/tools, or similar). Such activities shall constitute a material breach of these Terms and APMG may take any and all measures it deems appropriate to prevent, terminate, and mitigate such use of the Services.
(b) Trademarks and Copyrights
The APMG names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of APMG (the “APMG Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners.
You are not authorized to display or use the APMG Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the APMG Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
(c) Podcasts
The MP3 and other audio files (collectively, the “Audio Files”) and XML files that together comprise an APMG-hosted or -distributed podcast (herein referred to as “the Podcast or Podcasts”), or any podcast featured on APMG-owned platforms, are protected by U.S. and international copyright laws. All rights to a Podcast originate from the producer, including the content and technology included therein, and all rights are reserved to the producer. APMG-produced Podcast(s) are available for personal, noncommercial use only. You may link to APMG Podcast(s) from your personal device 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:
(i) you do not modify or delete any of the Podcast content nor individual audio files;
(ii) you do not redistribute the Audio Files made available as part of the Podcast nor any audio file downloaded from americanpublicmedia.org or any other APMG sites or mobile applications;
(iii) the use or display does not suggest that APMG, its related companies nor the producer of the Podcast(s) promotes or endorses any third-party causes, ideas, websites, products or services;
(iv) Audio Files made available for download are not to be re-produced, edited, re-transmitted, or in any way repurposed without prior consent from the producer of APMG.
APMG 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.
The Podcast producer and/or APMG may modify any of the terms and conditions contained herein, at any time and at our sole discretion, and such terms and conditions will become binding when placed online.
Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the Podcast producer, APMG, nor any related companies be liable to you or any other person for any indirect, special, incidental, 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).
IV. RESPONSIBILITY FOR USER-GENERATED CONTENT POSTED ON OR THROUGH THIS SITE
(a) Responsibility
The Site may allow you to upload, post, or share information, text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other materials (collectively, “User-Generated Content” or “UGC”). Feedback (as defined herein) is specifically excluded from UGC. UGC is accessible by other users of the Site and is public. APMG is under no obligation with regards to any UGC, including any obligation of confidentiality.
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any UGC.
This means that you, not APMG, are entirely responsible for all UGC that you upload, post, or share, and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission prior to your posting someone else’s work.
Because we do not control the UGC posted on or through this Site, WE CANNOT AND DO NOT WARRANT OR GUARANTEE THE TRUTHFULNESS, INTEGRITY, SUITABILITY, OR QUALITY OF THAT UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. WE HAVE NO RESPONSIBILITY FOR ANY UGC, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS THEREIN. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND YOU MAY CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY UGC POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THIS SITE. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of APMG or any person or entity associated with APMG.
(b) Copyright ownership of UGC
You own User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC.
However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.
For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or ideas.
(c) APMG reserved rights
We may disclose and/or remove User-Generated Content at any time in our sole discretion without notice. APMG has the right (but APMG not assume the obligation) to:
monitor all UGC;
require that you avoid certain subjects;
remove or block any UGC at any time without notice at our sole and absolute discretion;
disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of APMG or others, or to enforce these Terms; and
terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
(d) Restrictions on User-Generated Content.
UGC must in its entirety comply with all applicable federal, state, local, and international laws and regulations. It is a condition of these Terms that you do not:
upload, post, transmit or otherwise make available:
any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
any UGC that constitutes or encourages activity illegal under criminal or civil law;
any UGC that criticizes APMG or its partners.
any UGC that is false, misleading, or fraudulent;
any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen (18) years old and you have first obtained his/her express permission or (ii) that person is under eighteen (18) years old but you are his/her parent or legal guardian;
any request for or solicitation of any personal or private information from any individual;
any request for or solicitation of money, goods, or services for private gain;
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; or
any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
violate any local, state, national or international law, rule or regulation.
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms; (ii) the UGC is accurate, and (iii) you are at least the age of majority in your place of residence and you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
V. REMOVAL OF CONTENT
(a) In general
You can seek removal of UGC by contacting us using the information provided below (see contact information under “QUESTIONS”) We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.
(b) Reporting Claims of Copyright Infringement
APMG does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material 1) that we confirm is infringing or is used under the terms of a now-expired license, or 2) if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works; Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (i.e., including a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics));
your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our designated copyright agent to receive DMCA Notices is:
American Public Media Group
ATT: Copyright Agent – Legal Department
480 Cedar Street
St. Paul, MN 55101
651-290-1500
legal@mpr.org
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
VI. YOUR FEEDBACK
We may solicit your feedback regarding your experience accessing or using the Site. The comments, information, and details you submit to us through surveys, reviews, or other forums regarding your experience accessing or using the Site, including without limitation any suggestions or recommendations regarding the Site or the Site features or functionality (“Feedback”) may be used by APMG without any obligation, limitation, attribution, or compensation to any party. Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. You hereby assign to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. 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.
VII. YOUR OBLIGATIONS
In consideration of your use of this Site, you agree that to the extent you provide personal information to APMG it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create and your username and password (including any third-party logins), are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable laws, rules, and regulations. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
You shall not use the Site for any purposes beyond the scope of the access granted by these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Site; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Site, in whole or in part; (iv) remove any proprietary notices from the Site; or (v) use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
In connection with the Site, you must not: (i) transmit or otherwise make available through or in connection with the Site, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software or routine that interferes with the Site; (iii) use the Site in an unlawful or fraudulent manner; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (v) use any automatic device, process or means to access the Site for any purpose, including monitoring or copying content on the Site; and (vi) otherwise attempt to interfere with the proper working of the Site.
VIII. APMG SMS TERMS OF SERVICE
(a) When you opt-in to an APMG text message service, we will send you an SMS message to confirm your signup.
(b) This service is used to send you notifications about APMG's programs and offerings.
(c) You can cancel this service at any time. Just text “STOP” to 80568. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
(d) If at any time you forget what keywords are supported, just text “HELP” to 80568. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
(e) Carriers are not liable for delayed or undelivered messages.
(f) Message and data rates apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, contact your wireless provider. For all questions about the services provided by this SMS program, send an email to your company’s support email address.
(g) If you have any questions regarding privacy, see our privacy policy.
IX. TRANSACTIONS
We may make available the ability to purchase or otherwise obtain access to products or services via the Site (“Transaction”). An order is not binding upon APMG until it is accepted. Unless otherwise agreed in writing, APMG must receive payment before it will accept an order. Payment for products or services ordered is due prior to shipment or availability. You may make payment by credit card or other payment method allowed by APMG in its sole discretion. Your total cost for purchase of any product will include the shipping and handling charges shown on the order invoice. Your original shipping fees are non-refundable.
In order to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant APMG the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that APMG is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
Prices and availability of products or services are subject to change without notice. APMG strives for accuracy, to the extent it controls, processes, or displays the Site, in all item and services descriptions, photographs, images, compatibility references, detailed specifications, pricing, links and any other information contained herein or referenced in the Site. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs, images, compatibility references, detailed specifications, pricing, links, availability and any other information listed with regard to any product or service is accurate, complete or current, nor do we assume responsibility for these errors. APMG reserves the right at any time and without notice to update product or service information and to correct or remove product-related or service-related errors, inaccuracies, or omissions.
X. DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, APMG, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APMG, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
APMG DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED APMG SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF APMG. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE AND PROTECTION OF THIS DISCLAIMER.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
XI. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, APMG, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
XII. LINKS TO THIRD-PARTY WEBSITES
This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. APMG 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
XIII. MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
XIV. WAIVER
Our failure at any time to require performance of any provision of these Terms of Use 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. Unless the written waiver contains an express statement to the contrary, no waiver by APMG of any breach of any provision of these Terms of Use 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 of Use.
XV. SEVERABILITY; ASSIGNMENT
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets, or by operation of law. You may not assign your rights and obligations under these Terms of Use.
XVI. GOVERNING LAW, JURISDICTION AND VENUE
These Terms of Use will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in Ramsey County, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that violation of these Terms of Use is taking place or originating. You agree that any claims brought in connection with these Terms will be adjudicated on an individual basis and you waive your right to participate in a class, collective, PAGA, or other joint action with respect to the claims.
XVII. INDEMNITY
By using this Site, you agree to indemnify and hold APMG, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site violates applicable laws, the intellectual property rights of a third party, or causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
XVIII. THESE TERMS OF USE MAY CHANGE
These Terms of Use are current as of the effective date set forth above. APMG reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE, YOU MUST NOT USE THIS SITE.
XIX. ENTIRE AGREEMENT
These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and APMG with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and APMG with respect to this Site and your use of this Site.
XX. QUESTIONS
If you have any questions about this Site or these Terms of Use, please contact us at the information below:
American Public Media
The Kling Public Media Center
480 Cedar Street
St. Paul, Minnesota 55101
800-562-8440
See additional contact information at https://www.americanpublicmedia.org/contact