Terms

Terms & Disclaimers

Purpose:

This policy provides legal disclaimers to be used on Simplex Digital Media Internet sites.

Policy/Procedures:

The following legal disclaimers shall be accessible from the On The Rise Radio website https://ontheriseradio.com.

• Terms and Conditions of Use
• Endorsements
• General Liability
• Limitation of Liability
• Disclaimer of Responsibility for Link

Terms And Conditions Of Use:

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site and all other Simplex Digital Media Sites, referred to as “these sites,” you agree to these terms of use. If you do not agree to these terms of use, please do not use these sites. These sites are owned and operated by Simplex Digital Media (referred to as “On The Rise Radio, we, us, or our” herein). We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of these sites following the posting of changes to these terms will mean you accept those changes.

Endorsements:

Links from any web site located on an Simplex Digital Media server to any non–University site do not imply Simplex Digital Media endorsement of the site’s products or services. References to non–On The Rise Radio products, services, or organizations do not imply University endorsement of the products, services, or organizations.

General Liability:

The materials on On The Rise Radio’s Internet site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, On The Rise Radio disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. On The Rise Radio does not warrant that the services will meet your requirements, the functions contained in the materials will be uninterrupted or error–free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. On The Rise Radio does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, quality, reliability, appropriateness for a particular task or application, or otherwise. No oral or written information or advice given by service provider or its authorized representatives shall create a warranty. You are entirely responsible for and assume all risk for use of the service and the materials on this site. In no event will On The Rise Radio be liable for any special, indirect, incidental, or consequential damages even if On The Rise Radio has been advised of the possibility of such damages. You should not use the service, web site or the material contained therein where damage could result if an error occurred. On The Rise Radio does not warrant or represent that its security procedures will prevent the loss of or improper access to your data. On The Rise Radio is not responsible for transmission errors or corruption or security of information carried over telecommunication/data lines.

Limitation of Liability:

This disclaimer of liability applies to any general, special or consequential damages or injury caused by any negligence, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration, or use, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that On The Rise Radio is not liable for any defamatory, offensive, infringing or illegal materials or conduct on the part of, or attributable to, any third party. On The Rise Radio reserves the right to remove such materials from its web site without liability.
Under no circumstances, including, but not limited to, negligence, shall On The Rise Radio be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if On The Rise Radio or a On The Rise Radio authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall On The Rise Radio’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

Disclaimer of Responsibility for Link:

On The Rise Radio’s web site contains links to sites that are not maintained by On The Rise Radio. On The Rise Radio is not responsible for the content of those sites. Other linked sites may change without our knowledge. The inclusion of such links and frames in the On The Rise Radio web site does not imply On The Rise Radio’s endorsement of the linked or framed sites or their content. On The Rise Radio makes no representations whatsoever about any other web site that you may access through this one. When you access a non–On The Rise Radio site, that site is independent from On The Rise Radio. On The Rise Radio has no control over the content on that web site. In addition, a link to a non–On The Rise Radio site does not mean that On The Rise Radio endorses or accepts any responsibility for the content, or the use, of such site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will On The Rise Radio be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or on any other linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

Further Information:
Information Technology Resources
tech@ontheriseradio.com