TOS

These Terms of Use (“Terms”) govern your use of any website, mobile/tablet application, email club, listener club, text list or other service offer (collectively, the “Services”) by Mutual111, and its subsidiaries (collectively “We” or “Mutual111”). Review these Terms carefully before using the Services. By using any of the Services, you accept these Terms.

Changes. From time to time we may change, update or modify these Terms. If you continue to use the Services after we change the Terms, you accept all changes.

Privacy Policy. Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services, and your consent to our use of data in compliance with the Privacy Policy.

Contest Rules. All sweepstakes, contests, and promotions on the Services have additional contest rules which apply. Each website and affiliated radio station has General Contest Rules. These general contest rules apply except to the extent contrary to any Specific Contest Rules established for a specific contest. We will provide the rules (general or specific as applicable) to you or post them on the Services to which they apply. These rules are incorporated by reference into these Terms. If there is a conflict between these Terms and any such rules, the rules will control.

Additional Terms. Additional terms may apply to your use of the Services. For example, any listener club has its own terms and conditions. We will provide these additional terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control. Some Services will utilize software provided by a third party, who will require that users be bound by their own terms of service and/or privacy policy (“Third Party Policies”). While agreement to Third Party Policies may be required in order to utilize certain Services or to enter Mutual111 contests, the Third Party Policies are a separate agreement between the user and such third party. In the event of any conflict between the Third Party Policies and Terms or Policies of Mutual111, Mutual111’s Terms and Policies will govern the Mutual111 Services and the Third Party Policies will govern any dispute between a user and that third party regarding third party services.

Third-Party Content. Mutual111 occasionally provides third-party content or links to third-party websites on the Services. Mutual111 does not necessarily endorse or evaluate third-party content and websites, and Mutual111 does not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.

Text Message and other Mobile Services. To participate in a specific Mutual111 mobile Service: text message the program’s <keyword> to the program’s <short code>. You agree that the act of affirmatively text messaging the program keyword constitutes your “electronic signature” for purposes of the Electronic Signatures in Global and National Commerce Act (the “E-SIGN Act”). From time to time Mutual111 may change the terms of its text based Services (including without limitation the frequency of text messages). Mutual111 will advise you of any change via a text message. If you no longer wish to receive alerts, text STOP to the program short code. Text HELP for help. Message frequency varies. Autodialed marketing messages may be sent to the mobile number provided at opt-in. Message & data rates may apply. Consent is not a condition of purchase. Neither Mutual111 nor any mobile service provider is not liable for delayed or undelivered messages.

Governing Law, Venue, and Jurisdiction. These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of California, without regard to the conflict of law rules thereof. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Riverside County, California. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

Images. Mutual111 prohibits the downloading, republication, retransmission, reproduction or other use of any material licensed by Mutual111 and published on any Service.

Arbitration. We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Riverside County, California. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows.

By mail:

DMCA Designated Agent

c/o General Counsel

Mutual111

PO Box 3573

Cathedral City, CA 92235-3573

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mutual111 to locate the material.

(iv) Information reasonably sufficient to permit Mutual111 to contact the complaining party, such as an address, telephone number, and, if available, an email address.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimers; Limitation of Liability. Mutual111 DOES NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. Mutual111 DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

Mutual111 WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR SUBMISSION OF USER MATERIAL, EVEN IF FORESEEABLE OR EVEN IF Mutual111 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF Mutual111'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF SERVICES (INCLUDING THOSE INCORPORATING USER MATERIAL).

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Miscellaneous. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email or text message. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.