TERMS OF SERVICE

Radiofreenashville.org is an extension of Radio Free Nashville 107.1 FM in Nashville, Tennessee, USA. These Terms of Service apply to this website and not to the FM station or to any other holdings that Radio Free Nashville may have outside of this web site.

Radio Free Nashville provides this Radio Free Nashville Site and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the "Agreement"). Please read this Agreement carefully before using this Radio Free Nashville Site. Your use of this Radio Free Nashville Site constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Radio Free Nashville Site. This Agreement sets forth Radio Free Nashville's policies with respect to its operation of the Radio Free Nashville Site. Other policies govern Radio Free Nashville's non-Internet operations.

Certain products or services offered by this and/or other Radio Free Nashville Sites (each a "Radio Free Nashville Internet Service," and collectively "Radio Free Nashville Internet Services"), and certain areas within this and/or other Radio Free Nashville Sites may be governed by additional terms ("Additional Terms") presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or Radio Free Nashville Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or Radio Free Nashville Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY RADIO FREE NASHVILLE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY RADIO FREE NASHVILLE SITE MAY BE TERMINATED IMMEDIATELY IN RADIO FREE NASHVILLE'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Mobile Devices

If permitted or available through the applicable Radio Free Nashville Internet Service, to (a) upload content to this Radio Free Nashville Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this Radio Free Nashville Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Radio Free Nashville makes the Radio Free Nashville Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Radio Free Nashville Internet Service, including, but not limited to, if this Radio Free Nashville Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Radio Free Nashville Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Radio Free Nashville's or this Radio Free Nashville Site's operations or the Radio Free Nashville Internet Service. Any equipment or software causing interference will be immediately disconnected from the Radio Free Nashville Internet Service and Radio Free Nashville will have the right to immediately terminate this Agreement. If any upgrade in or to the Radio Free Nashville Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Radio Free Nashville Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Radio Free Nashville Internet Service.

Changes to This Agreement

Radio Free Nashville reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Radio Free Nashville will provide notice of such change on this Radio Free Nashville Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this Radio Free Nashville Site and/or Radio Free Nashville Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Radio Free Nashville Site and/or the Radio Free Nashville Internet Service to which the changes may apply.

User Code of Conduct

In accessing and using this Radio Free Nashville Site and/or the Radio Free Nashville Internet Services, you agree that you will not:

• Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
• Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Radio Free Nashville Site, or any postings which advocate illegal activity.
• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
• Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
• Deliver, or provide links to, any postings containing defamatory, false or libelous material.
• Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
• Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
• Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
• Use this Radio Free Nashville service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Radio Free Nashville Site or other users' Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
• Attempt to gain unauthorized access to this Radio Free Nashville Site, any related website, other accounts, computer system, or networks connected to this Radio Free Nashville Site, through hacking, password mining, or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Radio Free Nashville Site, including harvesting or otherwise collecting information about others such as email addresses.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS RADIO FREE NASHVILLE SITE AND/OR RADIO FREE NASHVILLE INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS RADIO FREE NASHVILLE SITE OR RADIO FREE NASHVILLE INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. RADIO FREE NASHVILLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS RADIO FREE NASHVILLE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS RADIO FREE NASHVILLE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RADIO FREE NASHVILLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. RADIO FREE NASHVILLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS RADIO FREE NASHVILLE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS RADIO FREE NASHVILLE SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. RADIO FREE NASHVILLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS RADIO FREE NASHVILLE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

RADIO FREE NASHVILLE IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR RADIO FREE NASHVILLE INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, RADIO FREE NASHVILLE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability

In no event shall Radio Free Nashville, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Radio Free Nashville Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this Radio Free Nashville Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this Radio Free Nashville Site or any information, software, products, services, and related graphics obtained through this Radio Free Nashville Site; (vi) any transactions entered into through this Radio Free Nashville Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this Radio Free Nashville Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Radio Free Nashville Site and Radio Free Nashville Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Radio Free Nashville has been advised of the possibility of damages.

Indemnification

You agree to indemnify and hold harmless Radio Free Nashville, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Radio Free Nashville Site and any related Radio Free Nashville Internet Service and/or software. You agree to cooperate fully with Radio Free Nashville in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

Modification / Termination by Radio Free Nashville

Radio Free Nashville reserves the right, in its sole discretion, to modify, suspend, or terminate this Radio Free Nashville Site and/or any portion thereof, including any Radio Free Nashville Internet Service, and/or your account, password, or use of any Radio Free Nashville Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a Radio Free Nashville Internet Service removes your authorization to use the Radio Free Nashville Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Radio Free Nashville shall not be liable to you or any third party for any termination of your access to a Radio Free Nashville Internet Service.

Links

This Radio Free Nashville Site may contain links to websites, applications or other services operated by third parties (the "Linked Sites"). Radio Free Nashville does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply Radio Free Nashville's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Software and Downloads Available Through This Site

Any software that is made available to access, use, view and/or download in connection with a Radio Free Nashville Site or Radio Free Nashville Internet Service ("Software"), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Radio Free Nashville and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Radio Free Nashville accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

International Use / U.S. Export Controls

Accessing materials on this Radio Free Nashville Site by certain persons in certain countries may not be lawful, and Radio Free Nashville makes no representation that materials on this Radio Free Nashville Site are appropriate or available for use in locations outside the United States. If you choose to access this Radio Free Nashville Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this Radio Free Nashville Site. No software or any other materials associated with this Radio Free Nashville Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Radio Free Nashville Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

Third-Party Merchants

This Radio Free Nashville Site may enable you to order and receive products, information and services from businesses that are not owned or operated by Radio Free Nashville. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Radio Free Nashville does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Radio Free Nashville will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Radio Free Nashville Internet Service.

Advertisements, Sponsorships, Co-Promotions and Other Partnerships

Radio Free Nashville may display advertisements for the goods and services of a third party on the Radio Free Nashville Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Radio Free Nashville does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this Radio Free Nashville Site.

The information and opinions expressed in User Materials appearing on this Radio Free Nashville Site are not necessarily those of Radio Free Nashville or its content providers, advertisers, sponsors, affiliated or related entities, and Radio Free Nashville makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. Radio Free Nashville does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and Radio Free Nashville has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this Radio Free Nashville Site is "public," and in addition to the license granted to Radio Free Nashville, other users will have access to your User Materials and might copy, modify or distribute them.

General

This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Tennessee, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this Radio Free Nashville and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in Davidson County, Tennessee. You agree to submit to the personal jurisdiction of the courts of the State of Tennessee for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Radio Free Nashville with respect to the use of this Radio Free Nashville Site and shall not be modified except in writing, signed by an authorized representative of Radio Free Nashville.

If you have any questions concerning this Agreement, you may send them by email to info@radiofreenashville.org. You must send any official correspondence via postal mail to:

• Legal Department
• ATTN: Radio Free Nashville Site Terms of Use
• Radio Free Nashville
• PO Box 41488
• Nashville, Tennessee 37204