This statement informs you of Max Radio of Denver L.L.C.’s practices with respect to the online collection, use, and disclosure of personal information from this Max Radio of Denver L.L.C. (M.R.D.) website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests.

M.R.D. is the owner of this website and retains all ownership rights to the information collected at this site. M.R.D. reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.

Personalization
Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as listener clubs and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the special service.

We may use the contact information you give us to better tailor your website experience to your interests, to request your opinions with respect to media and entertainment, and to send you information about M.R.D. and its services as well as promotional material on behalf of some of our partners. We may use information that you provide to us to inform you of content on the web, radio and other methods of content delivery, in which you may be interested and to provide or display the content according to your preferences. We will also share this information within the M.R.D. family in order to enhance your experiences with M.R.D..

In addition, we may share this information with advertisers or other third parties that are not part of the M.R.D. family on an aggregate or other basis that does not disclose your identity or contact information.

Online Surveys/Contests
From time to time, we may conduct online surveys and contests. These ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.

Supplemental Information
To enhance M.R.D.’s ability to tailor this site to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.

Shopping/Commercial Services
This M.R.D. site may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our site offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).

We will use the financial information that you provide to bill you for products and services. By giving our site your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.

We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.

Public Forums
This site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Information Sharing With Third Parties
From time to time we may enter into a special relationship with another company that is not owned by M.R.D. to provide additional features at this site. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity, such as TicketMaster. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies.

Also, the nature of some features of our site may require that we share personal information about you with persons or companies outside of the M.R.D. family. For example, this may occur at a feature that enables you, via our site, to ask questions of persons or entities that are not part of the M.R.D. family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.

With respect to specific registration modules, like contests, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties

Finally, we may share any of the information collected from you with these other non-M.R.D. companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.

IP Address and Log Files
We may use your IP address to administer our website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.

Cookies
This M.R.D. site may use a standard technology called a “cookie” to collect information about how you use the site. Cookies reside on your computer and help our website to recognize your computer’s browser as a previous visitor. This information allows us to customize delivery of information. For example, our site may use cookies to save and remember registration information or preferences that you may have set while browsing the site, to keep track of your shopping cart, to ensure you don’t see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you don’t have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy.

In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.

Children’s Personal Information
Consistent with the Children’s Online Privacy Protection Act:

This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.

In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.

In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.

Your Choices
This M.R.D. site provides you the opportunity to opt-out of receiving email communications from us and our special relationship partners. To opt-out of receiving email communications, you may:

Modify your registered user information on our website; or
Send an email to M.R.D. Online Music & Radio Support – Support.
Please include the web address, call letters or station’s name. (Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general, to answer concerns regarding on-air programming, promotions or other non-web related issues.)

Access to Personal Information
M.R.D. gives you the opportunity to modify or remove personal information that you have provided to us. You may do so by modifying your password-protected registered user information on our website.

Security of Your Personal Information
M.R.D. employs reasonable security measures consistent with standard industry practice, for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job.

Sale or Merger
If this site is sold to, or merges with, another company not owned by M.R.D., you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, M.R.D. will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.

Legal Process
You should be aware that M.R.D. may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.

Contacting the Website
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact M.R.D. Online Music &; Radio Support – Support. Please include the web address, call letters or station’s name. Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.

Leased Content
Neither M.R.D. nor any third-party licensor shall have any liability for the accuracy or completeness of this service or any component thereof or for delays, unauthenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Either M.R.D. or third party licensors have exclusive proprietary rights from the information received via the service. Customer, end-user, or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. Customer, end-user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the source of such information. Provision of the information on the service is subject to termination in the event that any agreement between a third party licensor and a provider of information distributed through the service is terminated in accordance with its terms. Third party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for investment decisions based on the information provided hereby.

General Information
This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, 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 cause of action you or M.R.D. brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this M.R.D. website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Denver, Colorado. You agree to submit to the personal jurisdiction of the courts of the State of Colorado 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 M.R.D. with respect to the use of this M.R.D. Website and shall not be modified except in writing, signed by an authorized representative of M.R.D..

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

ATTN: Broadcast Websites Terms of Use
Max Radio of Denver L.L.C.
3033 S. Parker Rd., Ste. 700
Aurora, Colorado 80010

European Union and Other Foreign Nations
This M.R.D. website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. M.R.D. makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.

This site is owned or managed by Max Radio of Denver L.L.C. (M.R.D.) and is part of the M.R.D. family of companies, which includes other broadcast and Internet radio stations.

M.R.D. provides this website 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 website. Your use of this website 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 website. This Agreement sets forth M.R.D.’s policies with respect to its operation of the M.R.D. websites. Other policies govern M.R.D.’s non-Internet operations.

Certain products or services offered by this and/or other M.R.D. websites (each a “M.R.D. Internet Service,” and collectively “M.R.D. Internet Services”), and certain areas within this and/or other M.R.D. websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or M.R.D. Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

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

Some parts of this M.R.D. website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the M.R.D. website content.

Changes to this Agreement
This Agreement is effective as of August 1, 2009. M.R.D. reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. M.R.D. will provide notice of such change on this M.R.D. website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the M.R.D. website and/or M.R.D. 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 M.R.D. website and/or the M.R.D. Internet Service to which the changes may apply.

Privacy and Protection of Personal Information
M.R.D. has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking here.

Accounts, Security, Passwords
If a particular M.R.D. website or M.R.D. Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. As you complete the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify M.R.D. immediately of any unauthorized use of your account. M.R.D. is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular M.R.D. Internet Service.

Fees
Except where otherwise provided, access to and use of this M.R.D. website and the M.R.D. Internet Services offered through this site are currently available without charge. M.R.D. reserves the right to charge a fee for access to or use of this M.R.D. website, or any M.R.D. Internet Service available on this M.R.D. website at any time in the future. Your access to or use of this M.R.D. website before such time does not entitle you to use of this M.R.D. website without charge in the future.

Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS M.R.D. WEBSITE AND/OR M.R.D. INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS M.R.D. WEBSITE OR M.R.D. INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. M.R.D. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, M.R.D. 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. M.R.D. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS M.R.D. WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. M.R.D. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS M.R.D. WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

M.R.D. 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 M.R.D. INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Links
This M.R.D. Website may contain links to websites operated by third parties. M.R.D. 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 these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply M.R.D.’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 Website
Any software that is made available to view and/ or download in connection with a M.R.D. Internet Service ("Software"), including podcasts, audio streaming, or video streaming, is owned or controlled by M.R.D. 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. M.R.D. accepts no responsibility or liability in connection with any software owned or controlled by third parties.

Third-Party Merchants
This M.R.D. Website may enable you to order and receive products, information and services from businesses that are not owned or operated by M.R.D.. 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. M.R.D. 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. M.R.D. 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 M.R.D. Internet Service.

Modification/Termination by M.R.D.
M.R.D. reserves the right, in its sole discretion, to modify, suspend, or terminate this M.R.D. website and/or any portion thereof, including any M.R.D. Internet Service, and/or your account, password, or use of any M.R.D. Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a M.R.D. Internet Service removes your authorization to use the M.R.D. 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, M.R.D. shall not be liable to you or any third-party for any termination of your access to a M.R.D. Internet Service.

Interactive Services
This M.R.D. Website may offer certain M.R.D. Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively "M.R.D. Interactive Services").

Subscription Services
This M.R.D. website may offer certain M.R.D. Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "M.R.D. Subscription Services"). By registering for a M.R.D. Subscription Service, you will be subject to any charges and rules set forth in the description of that service.

Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes conducted by this M.R.D. Website, refer to this site’s contest or sweepstakes information.

Limitations on Liability
In no event shall M.R.D., its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the M.R.D. website 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 the M.R.D. website; (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 the M.R.D. website or any information, software, products, services, and related graphics obtained through the M.R.D. website; (vi) any transactions entered into through this M.R.D. website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this M.R.D. website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the M.R.D. website and M.R.D. 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 M.R.D. has been advised of the possibility of damages.

Indemnification
You agree to indemnify, defend, and hold harmless M.R.D., 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 M.R.D. website and any related M.R.D. Internet Service and/or software. M.R.D. reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with M.R.D. in asserting any available defenses.

International Use/U.S. Export Controls
Accessing materials on this M.R.D. website by certain persons in certain countries may not be lawful, and M.R.D. makes no representation that materials on this M.R.D. website are appropriate or available for use in locations outside the United States. If you choose to access this M.R.D. website 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 M.R.D. website. No software or any other materials associated with this M.R.D. website 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 M.R.D. website, you represent and warrant that you are no 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.