Terms of Service

Last Updated: February 28, 2019

Thank you for using the WebLink for JVC or WebLink for Kenwood application of Abalta Technologies, Inc. ("Abalta" or "we"). By using our applications or other online products and services (the "Services") you acknowledge that you have read, understand and agree to be bound by all of the terms and conditions set forth below ("Terms"). If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver, do not access or use our Services.

We reserve the right to amend these Terms from time to time without prior notice by posting the amended terms on this application and updating the "Last Updated" date above. If you do not agree to the amended Terms, you must stop accessing and using our Services.

ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. YOU SHOULD LIMIT YOUR INTERACTIONS WITH THE SERVICES AND THE THIRD PARTY SERVICES WHILE DRIVING UNTIL YOU HAVE STOPPED YOUR VEHICLE IN A SAFE PLACE. A PASSENGER OTHER THAN THE DRIVER MAY INTERACT WITH THE SERVICES AND THE THIRD PARTY SERVICES, PROVIDED IT DOES NOT INTERFERE WITH DRIVING AND DOES NOT DISTRACT THE DRIVER.

Use of our Services

The Services may be used only for lawful purposes. You must be at least 16 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may access or use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You may use the Services as directed in any applicable documentation.

Privacy Policy

Please review our Privacy Policy, located here www.abaltatech.com/privacy for information regarding our collection, use and dissemination of information we collect through our Services.

Intellectual Property Rights

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein and all other intellectual property and other proprietary rights embodied therein and appurtenant thereto (collectively, the "Abalta Content") are owned by or licensed to Abalta and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Abalta and our licensors reserve all rights in and to our Services and the Abalta Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Abalta Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Abalta Content; (b) copy, reproduce, distribute, publicly perform or publicly display Abalta Content, except as expressly permitted by us or our licensors; (c) modify the Abalta Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Abalta Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Abalta Content other than for their intended purposes. Any use of our Services or Abalta Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

You agree that you will have no rights in or to any of the foregoing, express or implied, other than the rights expressly granted in these Terms.

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Abalta or our products or Services (collectively, "Feedback"), is non-confidential and will become the sole property of Abalta. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Prohibited Conduct

In connection with the use of our Services, you will not violate any law, contract, intellectual property or other third-party right, commit a tort or violate or attempt to violate the security of our Services, including but not limited to:

Our Services enable you to access third party services (each a "Third Party Service") either by installing a third party application or by using our Services to access such Third Party Service. The restrictions above will apply to your access and use of any Third Party Service. In addition, you will not use the Services to:

Engaging in any of the prohibited conduct listed above may result in civil or criminal liability. Abalta will cooperate with law enforcement and may prosecute to the fullest extent of the law any violations of the restrictions contained in this section.

Termination of Access and Use

We reserve the right, without notice and in our sole discretion, to terminate your right to access and use our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services

GENERAL DISCLAIMER

Our Services may include links that lead to websites or services maintained by individuals or organizations over which Abalta has no control. These links are for the convenience of users of our Services only, and the inclusion of such links does not necessarily imply an affiliation, sponsorship or endorsement. No representations or warranties are made regarding the accuracy, timeliness, availability, security, or any other aspect of products, services or information located on or available through such third party websites. You should review the terms of use and privacy policies of third party websites carefully before providing any information to such sites. Abalta is not responsible or liable for any products, services or information available on or through any third party website.

Use of WebLink Maps is subject to the current Google Maps and Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Your use of our services is at your sole risk. You are responsible for the security, confidentiality, and use of any user name, password or other personal identifier you use in connection with your use of our Services.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ABALTA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES OR ANY PRODUCTS OR INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES. ABALTA DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE, UP-TO-DATE, CURRENT, OR FREE FROM TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, ABALTA HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT. WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify and hold harmless Abalta and our officers, directors, agents, partners and employees (individually and collectively, the "Abalta Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct while using or in connection with our Services. You agree to promptly notify Abalta Parties of any third party Claims, cooperate with Abalta Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Abalta Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Abalta or the other Abalta Parties.

Limitations of Liability

In no event will Abalta or its directors, officers, employees, agents or affiliates be liable to you or anyone else under any theory of liability- whether based in contract, tort, negligence, strict liability, warranty, or otherwise- for any indirect, consequential, special, incidental, exemplary, punitive or special damages (including loss of use, loss of profits, loss of data or loss of life) arising out of or related to the Services or for any decision made or action taken by you while using the Services or in reliance on the information or materials provided on or available through the Services, even if advised of the possibility of such damages.

The total liability of Abalta and the other Abalta Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to one-thousand dollars USD ($1,000).

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Abalta or the other Abalta Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Release

To the fullest extent permitted by applicable law, you release Abalta and the other Abalta Parties from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and any third party and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Transfer and Processing of Data

By accessing or using our Services, you consent to: (a) the sharing of your information with any application you attach to our platform; and (b) the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Abalta and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Abalta seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Abalta seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Abalta waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Los Angeles, California in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Abalta agree that any dispute arising out of or related to these Terms or our Services is personal to you and Abalta and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Abalta agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Abalta agree that the state or federal courts of the State of California and the United States sitting in Los Angeles, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND ABALTA WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section. In order to be effective, the opt out notice must be delivered in writing to 9444 Waples Street, Suite 470, San Diego, CA 92121 USA and include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the governing law and jurisdiction below.

Governing Law; Jurisdiction

These Terms and your use of the Services shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles, California and to submit any dispute, claim or action arising out of or related to your use of the Services or these Terms exclusively in such courts, and hereby waive any objections to the jurisdiction and venue of such courts.

Assignments

You may not assign or delegate any right or duty under these Terms or related to the Services without the prior written consent of Abalta. Any attempted assignment or delegation without such consent will be null and. We may assign any right or duty under these Terms or related to the Services without notice to you. Subject to the foregoing, these Terms will be binding on and will inure to the benefit of each of our respective representatives, heirs, administrators, successors and permitted assigns.

Waiver

No duty or breach of these Terms may be waived by our acts or omissions, except by an instrument in writing expressly waiving the duty or breach and signed by an authorized representative of Abalta. Any waiver (express or implied) by us of any duty or breach will not constitute a waiver of any other or subsequent duty or breach.

Contact

Any questions about these Terms, or any other questions concerning the Services, or notices should be directed to:

Abalta Technologies, Inc.
+1 (858)458-0760
info@abaltatech.com

Entire Agreement; Miscellaneous

These Terms constitute the entire agreement between you and us with regard to your access to and use of the Services, and supersede all prior and contemporaneous negotiations, statements and agreements, whether written or oral, relating to the subject matter hereof. In the event any provision of these Terms is held to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the remaining provisions will continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

The following section applies only to NextRadio®App users

NextRadio®App End User License Agreement

PLEASE REVIEW THIS END USER LICENSE AGREEMENT (THIS "LICENSE") CAREFULLY AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND TAGSTATION, LLC (TOGETHER WITH ITS AUTHORIZED DISTRIBUTORS AND AFFILIATES, "NEXTRADIO"). BY PURCHASING, DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE NEXTRADIO® APPLICATION (THE "NEXTRADIO APP"), AN APPLICATION FOR ANY MOBILE TELEPHONE DEVICE RUNNING A LEGAL VERSION OF THE "ANDROID," "iOS" OR SUCH OTHER OPERATING SYSTEM AS NEXTRADIO MAY DESIGNATE FROM TIME TO TIME, AS WELL AS FOR ANY AUTOMOBILE OR OTHER RADIO THAT IS ENABLED TO HOST THE NEXTRADIO APP (SUCH MOBILE TELEPHONE OR RADIO, THE "DEVICE"), YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE. IF YOU DO NOT AGREE WITH ANY SUCH TERM OR CONDITION, YOU MAY NOT PURCHASE, DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE NEXTRADIO APP.

The NextRadio App is licensed to You by NextRadio for use strictly in accordance with the terms and conditions of this License. By downloading or using the NextRadio App, You are entering into and agreeing to be bound by the terms of this License and of the NextRadio App privacy policy located at nextradioapp.com/privacy, as amended from time to time ("Privacy Policy"), which policy is incorporated herein by reference.

1. THE NEXTRADIO APP. The NextRadio App allows You to access and listen on Your Device to local over the air FM radio broadcast transmissions and/or audio streams thereof. Voice, data and messaging rates from your cellular or other wireless service provider may apply when You use this NextRadio App, including domestic and international roaming charges, if applicable, and you agree that You are solely responsible for any cellular or wireless usage charges You incur by using the NextRadio App.

2. LICENSE GRANT AND USE RESTRICTIONS

2.1 License Grant. The NextRadio App is licensed, not sold. Subject to the restrictions set forth in Section 2.2, NextRadio grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the NextRadio App on a single Device owned and controlled by You, and to access and use the NextRadio App on such Device solely for Your personal entertainment use, strictly in accordance with the terms and conditions of this License, the Privacy Policy, and all applicable local, national, and international laws and regulations. You represent, warrant and agree that You are using the NextRadio App solely for Your own personal entertainment use and not for redistribution or transfer of any kind.

2.2 Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the NextRadio App; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the NextRadio App; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the NextRadio App; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of NextRadio or its affiliates, partners, or suppliers; (e) use the NextRadio App in a manner that derives revenue directly from the NextRadio App, or use the NextRadio App for any other purpose for which it is not designed or intended; (f) distribute the NextRadio App to multiple Devices; (g) make the NextRadio App available over a network or other environment permitting access or use by multiple Devices or users at the same time; (h) use the NextRadio App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by NextRadio; (i) use the NextRadio App to send automated queries to any website or to send any unsolicited commercial e-mail; (j) use any proprietary information, interfaces or other intellectual property of NextRadio, or its affiliates, partners, or suppliers in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the NextRadio App; (k) circumvent, disable or tamper with any security-related components or other protective measures applicable to the NextRadio App or Your Device; or (l) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the NextRadio App. You agree to abide by the rules and policies which are established from time to time by NextRadio in this License or any amendments thereto. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the NextRadio App and obtaining available patches to address security, interoperability or performance issues. Your continued use of the NextRadio App indicates your agreement to the revised License. Accordingly, we urge you to frequently review the License and any amendments thereto, and, if you do not agree to the terms of such rules and policies or any revisions thereto, please cease using the NextRadio App immediately.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Rights to NextRadio App. You acknowledge and agree that the NextRadio App, any copies thereof (including without limitation any copy that You download, install, or use on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of NextRadio, its affiliates, licensors, or suppliers. Furthermore, You acknowledge and agree that the source and object code of the NextRadio App and the format, directories, queries, algorithms, structure and organization of the NextRadio App are the intellectual property and proprietary and confidential information of NextRadio, its affiliates, licensors, or suppliers. Title to the NextRadio App shall remain with NextRadio. NextRadio and its partners, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the NextRadio App (or any copy thereof) at any time without notice and will have no liability to You or any third party for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the NextRadio App by implication, estoppel or other legal theory, and all rights in and to the NextRadio App not expressly granted in this License are hereby reserved and retained by NextRadio.

3.2 Open Source Software. The NextRadio App may utilize or include third party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that Your right to use such Open Source Software as part of the NextRadio App is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the "Open Source License Terms"). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.

4. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES

4.1 General. You acknowledge that the NextRadio App may permit or facilitate access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by radio stations, advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services").

4.2 Disclaimer. You acknowledge that NextRadio does not investigate, monitor, represent or endorse the Third Party Content and Services. Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and NextRadio shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services.

5. TERM AND TERMINATION. This License shall be effective from the time You purchase, download, install, copy or otherwise use the NextRadio App until the License is amended by NextRadio or terminated. NextRadio may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by NextRadio. Upon the termination of this License, You shall cease all use of the NextRadio App and uninstall the NextRadio App. NextRadio may, without notice to You, disable the NextRadio App. NextRadio will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of suspending or terminating this License in accordance with its terms, and suspension or termination of this License will be without prejudice to any other right or remedy NextRadio may have, now or in the future.

6. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE NEXTRADIO APP, INCLUDING ALL CONTENT CONTAINED THEREIN (SUCH AS THE THIRD PARTY CONTENT AND SERVICES), IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE NEXTRADIO APP AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. NEXTRADIO, ITS AFFILIATES, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE NEXTRADIO APP, INCLUDING ALL CONTENT CONTAINED THEREIN (SUCH AS THE THIRD PARTY CONTENT AND SERVICES), WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, NEXTRADIO, ITS AFFILIATES, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT: (I) THE NEXTRADIO APP OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE NEXTRADIO APP OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE NEXTRADIO APP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE NEXTRADIO APP OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXTRADIO OR FROM THE NEXTRADIO APP SHALL CREATE ANY REPRESENTATION OR WARRANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT NEITHER NEXTRADIO, NOR ITS AFFILIATES, LICENSORS, AND SUPPLIERS HAVE ANY OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE NEXTRADIO APP.

7. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL NEXTRADIO, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE NEXTRADIO APP AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEXTRADIO’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT YOU PAID TO NEXTRADIO FOR THE NEXTRADIO APP, IF ANY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. INDEMNIFICATION. You shall indemnify, defend and hold harmless NextRadio, its affiliates and their respective officers, directors, agents, employees, suppliers and licensors (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the NextRadio App or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. You will promptly notify NextRadio in writing of any third-party claim arising out of or in connection with Your access to or use of the NextRadio App. These obligations survive termination of this License.

9. MISCELLANEOUS

9.1 Governing Law; Venue;. This License shall be deemed to take place in the State of Indiana and shall be governed by and construed in accordance with the laws of the State of Indiana, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The state and federal courts located in Indianapolis, Indiana shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this License, and You hereby consent to the exclusive jurisdiction of such courts.

9.2 Limitation on Actions; Waiver of Jury Trial. To the maximum extent permitted by applicable law, You and NextRadio agree that any cause of action arising out of or relating to the NextRadio App or Your use of the NextRadio App must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. YOU AND NEXTRADIO HEREBY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS LICENSE.

9.3 Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.

9.4 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

9.5 Modification or Amendment. NextRadio may modify or amend the terms of this License at any time, with or without notice to You, by posting a copy of the modified or amended License available through the NextRadio App. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the NextRadio App following the date in which the modified or amended License is made available through the NextRadio App.

9.6 Survival. The following sections will survive termination of this License: Section 2.2 (Restrictions on Use), Section 3.1 (Rights to NextRadio App), Section 5 (Term and Termination), Section 7 (Limitation of Liability), Section 11 (Miscellaneous), and any other provisions of this License which by their context are intended to survive the termination of this License.

9.7 Third Party Beneficiaries. Except as explicitly provided in this License, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

9.8 No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer the NextRadio App, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this License. NextRadio may assign this License without restriction.

9.9 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the NextRadio App licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

9.10 Contacting NextRadio. If you have questions or comments regarding the NextRadio App or your usage thereof, please email us at support@nextradioapp.com.

NextRadio®App Privacy Policy

General

In this NextRadio® App Privacy Policy ("Privacy Policy"), the phrase "NextRadio" or "we" refers to TagSTation, LLC and its subsidiaries, affiliates and authorized distributors that own, operate or distribute the NextRadio® application (the "NextRadio App"). The term "you" refers to you as a user of the NextRadio App.

NextRadio respects your privacy and believes the best way to serve you is with honesty, accountability and adherence to legal standards. By using the NextRadio App, you agree to be bound by the terms of this Privacy Policy. We may change this Privacy Policy at any time by making an updated version available nextradioapp.com/privacy, and your continued use of the NextRadio App indicates your agreement to the revised terms. Accordingly, we urge you to frequently review this Privacy Policy, and, if you do not agree to the terms of this or any revised policy, please cease using the NextRadio App immediately.

What Information is Collected from the NextRadio App

NextRadio does not generally collect personally-identifiable information from the NextRadio App (other than Location Data (as defined below), to the extent Location Data is deemed personally-identifiable information) when you use the NextRadio App. NextRadio may collect information, such as the make and model of your mobile device, your wireless carrier, data regarding our users and how you use the NextRadio App (including listening activity), and a unique ID we generate to associate with your mobile device and the foregoing information. In addition, some features of the NextRadio App require location services to be enabled on your mobile device, meaning we may collect location information (including location information over time) as reported by your radio, automobile or mobile device ("Location Data"). We use Location Data and other information we collect in order to provide the NextRadio App features you requested, as well as advertising that may be relevant to you, and to have a better understanding of demographic and other information about our users. If you would prefer not to send us Location Data, you should disable location services on your mobile device before using the NextRadio App, with the understanding that any features that require Location Data to function will be disabled as a result. You may also provide a zip code to us through the NextRadio App that may function in lieu of such Location Data, and we may collect and utilize such information to provide some features of the NextRadio App to you and for aggregate user data reporting purposes.

What We May Do With the Information We Collect from the NextRadio App

NextRadio uses the information we collect via the NextRadio App to compile and analyze statistical data regarding use of the NextRadio App, including information about radios, automobiles, mobile devices and carriers, NextRadio App usage patterns (including location), listening preferences, advertising click-throughs, and location and demographic information on NextRadio users. We also secure additional data from third parties, aggregate that data with data collected from the NextRadio App and use it to provide a more robust picture of NextRadio users on an anonymized basis. NextRadio works closely with our business partners and certain other third parties who may perform functions on our behalf, such as providing promotional materials to our users and managing data. We regularly share the information we collect with such parties, including radio stations, advertisers and their agencies. We further reserve the right to use, maintain, update, disclose, share and/or sell the information we collect via the NextRadio App and to aggregate such information with other information we may acquire from other sources.

How Secure is Your Information

We have policies and procedures in place to reasonably protect against the loss, misuse or alteration of data we collect, including Location Data. Please note, however, that we cannot ensure the security of any information you transmit to us or that we store. You use the NextRadio App and provide us with your information at your own risk.

Linking to Our Business Affiliates' and Third Party Web Sites

The NextRadio App may contain links to sites operated by our business partners and other third parties. Once you leave the NextRadio App, you may or may not see a new URL in the location bar. This Privacy Policy only applies to information collected through the NextRadio App and does not apply to information collected from third parties. Please review the linked site's privacy policies, and if you do not agree to be bound by the terms of the policies governing that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties.

How Information Can Be Accessed or Modified

If you have any concerns about our privacy procedures regarding the NextRadio App, please email us at: privacy@nextradioapp.com. Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns.

Privacy of Children

NextRadio encourages parents and guardians to be aware of and participate in their children’s online activities. We strictly adhere to the Children's Online Privacy Protection Act and will not knowingly collect personally identifiable information from any child under the age of 13 without the prior verifiable consent of that person’s parent or guardian.