Legal

Privacy Policy

Last Modified: 4/3/2024

I. Introduction

The following Privacy Policy (the “Policy”) describes how Bonneville International Corporation (“Operator”) collects, uses, and shares personally identifiable information and non-personally identifiable information collected (collectively referred to as “Data”) through website, mobile website, mobile applications, and social media platforms we operate (collectively, the “Products”) and the services, features, advertisements or content we offer, including your communications with us or others through our messaging and phone services (collectively with the Products, the “Services”). The Policy applies when you use any of these Products or Services regardless of how you access or use the Services. This Policy describes the kinds of Data we may gather when you use the Products or Services, how we may use your Data, when we might disclose your Data, and how you can manage your Data.

II. Revisions

We may change the Policy at any time by posting revisions to the Policy on the Products or Services. If you do not accept all of the terms, conditions, and notices set forth in the Policy, you must not use the Products or Services. Please note that our Products and Services are under constant development. This Policy may therefore be modified and updated at any time and on an ongoing basis. Each such modification will be effective upon posting on the Products, and the effective date will be noted at the beginning of such revised Privacy Policy. The date the Policy was last revised is identified at the top of the page. Your continued use of the Products or Services after Operator posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. Therefore, you should review the Privacy Policy periodically so that you are up to date on our most current policies and practices.

III. Collection of Information from Children

The Products and Services are not directed to, or intended for use by, anyone under the age of 13. If you are under the age of 13, you may only use the Products and Services with permission from your parents or legal guardians. Operator does not knowingly collect personally identifiable information from users under the age of 13. If you are under the age of 13, do not use or provide any information on any of the Operator’s Products or Services (websites, apps, etc.) or through any of its features, register on any of the Operator’s Products or Services (websites, apps, etc.), make any purchases through any of the Operator’s Products or Services (websites, apps, etc.) use any of the interactive or public comment features of the Operator’s Products or Services (websites, apps, etc.) or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If a child under 13 submits information through any part of the Products or Services, and we become aware that the person submitting the information is under 13, we will delete this information. In addition, if a person between the ages of 13 and 18 submits information through our Products or Services and we become aware that the person is under 18, we will automatically opt the person out of any sharing of information. If you believe we might have any information from or about a child under 13, please contact us here or call us at 1-833-796-0136, PIN 141439.

IV. Information Collected

Type of Information Collected. When you use the Products or Services, we may collect several types of information about you and/or your use of the Products or Services. The general categories of information include Personally Identifiable Information or “PII” as well as non-personally identifiable information (“non-PII”).

PII includes, but is not limited to, the following:

  • Information you provide to us. We collect your personal data or information when you use our Services. There are numerous circumstances where you may volunteer, be required or invited to provide us with personal information, such as when you create an account, enter a contest, subscribe to our publications, newsletters, and other content, register for or use our Products or Services, submit content or post a comment, send us an e-mail or request information, or send messages through our text or other message service. This information may include:
    • Your name, any alias, e-mail address, birth date, gender, street address, and telephone number(s);
    • Audio, digital, video, or other electronic information provided by you, including, but not limited to, audio and/or video recordings;
    • Social security numbers; and
    • Driver’s license.
  • Account information. We may assign you a user id, account name, unique personal or online identifier, other identifiers that permit physical or online contact with you, or any information about you collected online and maintained in personally identifiable form in combination with any of the preceding categories.
  • Usage Information. We may collect certain usage information associated with you. This may include:
    • Internet or other similar network activity on the Operator’s websites, including browsing history, search history or information regarding your interaction with the Products or Services, your advertising preferences, and your communications with us or through us, the user segment or category into which you as a user are classified by us internally;
    • Data about the pages you visit, the access time, frequency and duration of visits, the links on which you click and other actions you take as part of your use of our Products and Services;
    • Geolocation data;
    • IP address;
    • Data that is generated as part of your transactions using the Products and Services;
    • Data that is generated through your communications through use of the Products and Services, including your communications with us, our third-party providers, or other users of the Services; and
    • Data about your activities and interactions with our advertising partners including data about the advertisements you were shown, how often they were shown, when and where they were shown, and whether you took any action, such as clicking on an advertisement or making a purchase.
  • Information from Third Parties. We may receive information about you from third parties consistent with relevant law and combine it with information we receive from or about you, including, information from social media websites or information from publicly or commercially available sources. This information could include:
    • When you engage with the Products or Services and their content through such third-party sites, plug-ins or applications, we may have access to certain information from your social media profile, such as your name, photo, gender, birthday, location, videos, your list of friends, etc.
    • When you link your account to any other account on a third-party web site, including but not limited to a social media website, we may have access to data regarding your use of that website, as well as personal data that such third-party websites may have collected about you.
    • Commercial information, including records of purchasing habits;
    • Engagement with our Products and Services through third-party social networking sites or social media plug-ins and applications; and
    • Information from other public sources.

Non-PII includes information about your use of the Products and Services. We may collect information about your use of the Products and Services including:

  • Device information. We may collect your computer or mobile device model, operating system version, browser type, language and settings, device type and settings, and other unique device identifiers.
  • Location information. We may collect your location when using the Products and services on our website and apps. We may collect and store your device’s source IP address and/or latitude and longitude, which may disclose your device’s approximate or precise location when you access the Products or Services. Advertisements and certain content, including from third parties, may be directed to you based on this data.
  • Usage information. We may collect information about the Products or Services you use, the time, duration, and date of your use of the Services, your interaction with content offered through the Products and Services, how you contacted the Products or Services, search terms used, and browsing history. We may also collect information stored using cookies, mobile ad identifiers, and similar technologies set on your device. Our servers may automatically keep an activity log of your use of the Products or Services.
  • Inferential Data. We may use your personal information or other information we collect from you or your activity on the Operator’s websites to create consumer profiles reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, education level, abilities, or aptitudes.

Certain features available within the Products or Services will require you to submit PII about yourself as a condition of participation. Some of the features may be offered by us, while others may be offered by third parties. (For example, you may be required to submit PII in order to enter a contest we conduct, to order certain products and services we offer, or to receive news updates by email from a third-party news source.) When you choose to submit PII to a third party in connection with your use of the Products or Services, the third party’s privacy policy, rather than this Policy, will control the use of your PII. YOU CAN ALWAYS REFUSE TO PROVIDE PII TO US, BUT THIS MAY RESULT IN DECREASED FUNCTIONALITY OF ANY OF THE OPERATOR’S WEBSITES FOR YOU AND LIMIT YOUR ABILITY TO RECEIVE INFORMATION ABOUT PRODUCTS OR SERVICES THAT MAY BE OF PARTICULAR INTEREST TO YOU.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Operator’s websites, or transmitted to other users of the Operator’s websites, or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Operator’s websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

V. How Information Is Collected

We collect information both actively and passively. For example, we will collect information about you that you voluntarily provide while using the Products and Services. In addition to information provided directly by you, we (and third parties that offer features through the Products or Services) may collect non-PII through the use of “cookies,” “web beacons,” or by other electronic means. Please see the Cookie Policy below for more information.

Information We Collect Automatically. If you use the Products or Services, read or download information from the Products or Services, your web or mobile browser may automatically send us your internet or other network activity.

Information You Give to Us and Information We Collect from Others. If you use the Products or Services, we receive and store information you enter on the Products or Services, or that you give us in-person, via telephone, email, or otherwise. We may also collect personal information from third parties that operate (a) portions of the Products or Services on our behalf; or (b) independent websites. When we obtain personal data from third parties, we will treat the acquired information like the information that we collect ourselves.

VI. Cookie Policy: How We Collect Information From You and from Other Third Parties

Generally. We may place, or allow to be placed, cookies, web beacons, and similar technologies on our Products and Services to store your username for easy logon, store your preferences, keep you logged in, perform analytics, analyze traffic, personalize content, and offer advertisements that match your interest. We may use these technologies to collect information when you use our Products and Services such as your IP address, web browser, mobile network information, and browsing and conversion information in order to provide you with a customized user experience. These technologies may include Google Analytics and similar providers. You can learn more about how Google uses the information collected through this service at: google.com/policies/ privacy/partners/.

  • Cookies. In general, a cookie is a small amount of data sent to your browser from a web server and stored on your computer’s hard drive, where it can be used to identify your computer. Cookies can be used to measure website usage, improve navigation around website, and personalize a returning visitor’s experience on the website. In most cases, you can set your browser to turn off cookies or to notify you before you receive one so that you can decide whether to accept it or not. Because cookies allow you to take advantage of some of the features on the Products and Services, we recommend that you leave them turned on. If you block or reject our cookies, some of the features on the Products may not work for you. You can refer to the instructions for your browser to learn more about these functions.
  • Web Beacons. We, our third-party service providers, advertisers, and partners also may use “web beacons” or similar technologies. Web beacons are small strings of code placed on a web page to collect data about how visitors use the Products or Services. For example, web beacons may be used to count the number of users who visit the Products or Services, or to deliver a cookie to the browser of a visitor to the Products or Services. If you set your browser to turn off cookies, web beacons and similar technologies will detect your visits to the Products or Services, but they will not associate your activity on the Products or Services with information that otherwise would be stored in cookies.

Advertisements (Including Direct, Targeted, Third-Party). In order to continue to bring you the Products and Services, we use advertising in our Products and Services. Some of these advertisements may contain cookies, collect information, such as your IP address, and device type. We may also display targeted advertisements to you based on information you have supplied to us. For instance, if you have expressed an interest in a particular product, we may supply you with advertisements from selected marketing partners of that product. They will not, however, receive your personal information unless you volunteer it to such advertisers.

We also work with ad network partners that display ads on our Products. To improve your ad experience on the Products and elsewhere on the internet, we may send non-personal information to our ad network partners based on your browser’s activities, such as type of pages viewed and categories of interests, so that the advertising you may see on the Products and Services or on other websites is relevant to you. Our network partners’ practices include the practices detailed here, including how to opt out of using anonymous information to select which ads to show you.

We also may allow our affiliates and third-party advertising companies (including ad servers, ad agencies, technology vendors, or providers of sponsored content) (collectively “Third Parties”) to use cookies on our Products and Services. These Third Parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Operator’s websites. The information they collect may be associated with your personal information, or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content on our Products as well as other websites, apps, platforms, etc. that you visit. Some of these parties may use cookies in ways that we do not. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting, you may be unable to access all or certain parts of the Products and Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log onto our Sites.

Please note, we do not control tracking technologies used by Third Parties on any of the Operator’s websites or how they may be used. Third Parties have the ability to set and access their cookies on your computer. Third Parties’ use of their own cookies is subject to their own privacy policies. For more information about these specialized cookies and other technologies, and to learn more about behavioral advertising or to opt out of this type of advertising for some companies, you can visit http://www.networkadvertising.org or http://networkadvertising.org/ optout_nonppii.asp. When using a mobile application, you may receive tailored in-application advertisements. Each operating system provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the instructions and/or the privacy settings for your operating system to find out how to opt out of tailored in-application advertisements.

If you have any questions about an advertisements or other targeted content, you should contact the responsible provider directly.

Third-Party Websites. The Products allow advertising by Third Parties that may provide links to a Third-Party website. These Third Parties may use the technology described above to send (or “serve”) directly to your browser the advertisements that appear on our Products. When this happens, Third Parties may automatically receive PII, such as your IP address, as well as non-PII and other information from your computer and browser, including your cookie information. They also may use cookies, Javascript, Pixel Tags, and other technologies to deliver advertisements; collect information about the effectiveness of their advertisements; collect anonymous information about your visits to the Products, such as the number of times you have viewed an ad; or customize the advertising content you see. Third Parties will not collect your name, address, or other PII, unless you affirmatively provide it to them. Third Parties have the ability to set and access their cookies on your computer. Third Parties’ use of their own cookies is subject to their own privacy policies. For more information about these specialized cookies and other technologies, and to learn more about behavioral advertising or to opt out of this type of advertising for some companies, you can visit http://www.networkadvertising.org or http://networkadvertising.org/ optout_nonppii.asp. When using a mobile application, you may receive tailored in-application advertisements. Each operating system provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the instructions and/or the privacy settings for your operating system to find out how to opt out of tailored in-application advertisements.

Please note, clicking on an advertisement, links or other elements on the Products may take you to an entirely different site. Links to other sites may use our Product logos or styles as a result of a co-branding agreement. These sites may use their own cookies and may collect data and make use of that data in ways that the Products would not. After you leave our Products, this Policy will no longer apply to PII or any other data collected from or provided by you. You should check the other website’s applicable privacy policy to determine how it will handle such data.

Social Media. We or Our third-party service providers, advertisers, and partners may use technologies like cookies, web beacons, pixel tags, device or other identifiers and local storage to identify parts of the Products and Services you have visited and/or purchased, identify advertisements you have seen, and otherwise deliver, secure, and understand products, services and ads, on and off Facebook, Instagram, Twitter, LinkedIn, YouTube, and other social media platforms. These technologies also may be used to gather information for remarketing to similar audiences on our Products. Third-party advertisements displayed on the Products may also contain cookies set by third-party advertisers. The Operator does not control these cookies and is not responsible for the content or practices of any linked site; users of the Products and Services should check the privacy policy of the third-party advertiser to see whether and how it uses cookies.

The third parties with whom the following categories of personal information are shared for a business purpose may include, but are not limited to, those corresponding third parties listed below:

Categories of Personal Information Third Parties Disclosed to:
Category A: Personal Information and Identifiers Service Providers, Affiliates, Partners, Parent or Subsidiary organizations, internet cookie data recipients, data brokers or aggregators, social networks, operating systems and platforms, government entities, data analytic providers, internet service providers, advertising networks , other third parties.
Category B: Protected Class Information Service Providers, Affiliates, Partners, Parent or Subsidiary organizations, internet cookie data recipients, data brokers or aggregators, social networks, operating systems and platforms, government entities, data analytic providers, internet service providers, advertising networks , other third parties.
Category C: Commercial Information Service Providers, Affiliates, Partners, Parent or Subsidiary organizations, internet cookie data recipients, data brokers or aggregators, social networks, operating systems and platforms, government entities, data analytic providers, internet service providers, advertising networks , other third parties.
Category D: Biometric Information Service Providers, Affiliates, Partners, Parent or Subsidiary organizations, internet cookie data recipients, data brokers or aggregators, social networks, operating systems and platforms, government entities, data analytic providers, internet service providers, advertising networks , other third parties.
Category E: Internet and Network Information Service Providers, Affiliates, Partners, Parent or Subsidiary organizations, internet cookie data recipients, data brokers or aggregators, social networks, operating systems and platforms, government entities, data analytic providers, internet service providers, advertising networks , other third parties.
Category F: Geolocation Information Service Providers, Affiliates, Partners, Parent or Subsidiary organizations, internet cookie data recipients, data brokers or aggregators, social networks, operating systems and platforms, government entities, data analytic providers, internet service providers, advertising networks , other third parties.
Category G: Sensory Information Service Providers, Affiliates, Partners, Parent or Subsidiary organizations, internet cookie data recipients, data brokers or aggregators, social networks, operating systems and platforms, government entities, data analytic providers, internet service providers, advertising networks , other third parties.
Category H: Employment Information Service Providers, Affiliates, Partners, Parent or Subsidiary organizations, internet cookie data recipients, data brokers or aggregators, social networks, operating systems and platforms, government entities, data analytic providers, internet service providers, advertising networks , other third parties.
Category I: Non-Public Education Information Service Providers, Affiliates, Partners, Parent or Subsidiary organizations, internet cookie data recipients, data brokers or aggregators, social networks, operating systems and platforms, government entities, data analytic providers, internet service providers, advertising networks , other third parties.
Category J: Profile Information Service Providers, Affiliates, Partners, Parent or Subsidiary organizations, internet cookie data recipients, data brokers or aggregators, social networks, operating systems and platforms, government entities, data analytic providers, internet service providers, advertising networks , other third parties.

VII. How Information Is Used and Shared

We may use information we collect to do the following, among other things:

  • To present the Operator’s websites and its contents to you;
  • To offer the Products and Services;
  • To monitor and analyze web traffic and online behavior for search engine optimization, search engine marketing, and social media marketing;
  • To manage security, including monitoring individuals with access to the Products and Services, applications, systems, or facilities, investigation of threats, and as needed, for any data security breach notification;
  • To provide you with information, products or services that you request from us or from other users of the Operator’s websites;
  • To fulfill any other purposes for which you provide us information;
  • To allow you to interact with the messaging and social networking functionalities as well as to participate in other interactive features associated with the Operator’s websites;
  • To notify you about changes to the Operator’s websites or any products or services we offer or provide through it;
  • To contact you;
  • To respond to your inquiries;
  • To provide notices with respect to your account;
  • To troubleshoot or provide you with technical support;
  • To create and to manage your account;
  • To place calls or send text messages through automated means that include prerecorded messages that include advertising or non-advertising messages;
  • To place calls or send text messages manually that include advertising or advertising-related information;
  • To send you communications you have requested, including e-mails, newsletters, and other electronic communications;
  • To enroll you in contests, programs, or other offers you request;
  • To inform you about other products and services that may be of interest to you;
  • To deliver advertising;
  • To process payment for purchases you have made;
  • To protect against or identify possible fraud;
  • To manage and mitigate risk;
  • To view and incorporate content hosted on external sites;
  • To resolve a dispute;
  • To conduct a poll or survey;
  • To analyze the use of our Products and Services;
  • To personalize the content of our Products and Services;
  • To develop new products and services;
  • To improve our Products, Services, and overall business;
  • To understand how you arrived at the Products or Services;
  • To manage the Products and Services;
  • To enforce our Terms of Use and any other user agreements incorporated by reference;
  • To enforce the terms of this Policy;
  • To enforce our legal rights;
  • To comply with the law;
  • For other uses we may disclose to you at the point of collection, as authorized by you, or as otherwise permitted by law; and
  • For any other lawful purposes with your consent.

VIII. Disclosure

WE MAY DISCLOSE PII AND NON-PII ABOUT YOU TO A THIRD PARTY FOR COMPENSATION.
IN ACCORDANCE WITH THE UTAH NOTICE OF INTENT TO SELL NONPUBLIC PERSONAL INFORMATION ACT, WE MAY CHOOSE TO DISCLOSE NON-PUBLIC PERSONAL INFORMATION ABOUT YOU, THE CONSUMER, TO A THIRD PARTY FOR COMPENSATION.

In addition, we may disclose PII and Non-PII as follows:

  • For all reasons set forth above in “How Information Is Used and Shared.”
  • To service providers or parties that we have engaged to perform business-related functions on our behalf. This may include service providers that conduct research and analytics; create content; provide customer, technical, or operational support; conduct or support marketing; fulfill orders and user requests; administer contests; maintain databases; send or support online or mobile advertising; and otherwise support our Products and Services.
  • To our business partners or joint marketing partners.
  • To our advertising and marketing partners.
  • To other third parties that support our Products and Services including, but not limited to, third parties that may provide financing.
  • In response to legal processes such as court orders or subpoenas, law enforcement or government agency requests or similar requests, or otherwise if we determine that disclosure is prudent to comply with law, to assist in the identification, investigation, or prosecution of fraud, or to comply with requests of law enforcement or data protection agencies.
  • To the extent that you submitted your e-mail address and/or phone number to a particular buyer or seller through the Products and Services, you agree and expressly consent to be contacted by the other party by various means, including by phone, text message, email, automatic telephone dial system and/or an artificial or prerecorded voice.
  • With affiliates of Operator so they can provide, improve and communicate with you about their own, or their marketing partners’, products and services.
  • In the event that Operator is considering a sale of its business, in its entirety or a component thereof, or substantially all of its assets are acquired, or a portion thereof, or a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Operator’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, Data, including PII, may be one of the transferred assets and may therefore be used by a third-party acquirer in accordance with this Policy. Such use by a third party may include review of PII, using such PII to contact you either before or after such a transfer or sale, use or transfer of non-PII before or after such a transfer or sale, or for other purposes.

In addition, we may share your information as described below:

  • Information You Elect to Share: You may choose to share information with Third Parties by clicking on links to Third Parties from within the Products or Services. In addition, you may elect to share information, including PII, through the Products or Services by, for instance, posting comments on comment boards. Some of your activity on the Products or Services, including content you have posted, is public by default. Some of this content may include PII.
  • Third-Party Advertisers and Websites: We may share your PII and non-PII with Third Parties as described in the section above titled Third-Party Advertising and Third-Party Websites.
  • Information Disclosed to Vendors, Partners, Service Providers, and Others for Business Purposes: We contract with vendors to provide services related to the Products and Services and may share information with such vendors in order to provide products or services to you or to help maintain the Products and Services. We also may share PII and non-PII with our partners, service providers and other persons with whom we conduct business.
  • Information Disclosed for the Protection of the Products and Services and for Others. We may disclose PII and Non-PII when (1) required by law or to respond to legal process or lawful requests, including from law enforcement; (2) when we believe it is necessary to prevent, investigate, or address (a) possible illegal activities, including fraud, (b) violation of our Terms of Use, (c) violation of this Policy, or (d) threats to the physical safety of any person; or (3) to protect our rights or property.

IX. Forums

The Products and Services may include forums such as message boards, chat rooms, comment boards, and reviews that enable users to post a comment or communicate with each other (“Forums”). The Operator is under no obligation to moderate or edit the Forums and will not be responsible for the content or use of any material posted on any Forum within the Products or Services. However, the Operator retains the right to review the Forums and to refuse, delete, or edit at any time and for any reason any material posted on any Forums within the Products or Services.

X. Information Security

How Do We Protect Personal Data? We take information security seriously, and we use reasonable administrative, technical, and physical safeguards to protect the PII we collect from unauthorized access, use, or disclosure. The Operator protects data using administrative, technical, and physical safeguards. When we use third-party service providers, we ask those providers to implement similar safeguards. However, we cannot guarantee that your information is completely secure either within the Company or on the systems of third-party service providers.

We have no control over the security of other websites that you might visit even when a link may appear to those websites on our Products or through our Services. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your PII.

Additionally, and as you are likely aware, no system can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your PII, searches, or other communications will always remain secure. Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted to the Operator’s websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on any of the Operator’s websites.

In the event of a breach of the confidentiality or security of your PII, we will notify you to the extent reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you. You should also take care how you handle and disclose your PII. Please refer to the Federal Trade Commission’s website at http://www.consumer.ftc.gov for information about how to protect against identity theft.

How Long Do We Keep Your Personal Data?

We retain personal data we collect from you when we have an ongoing legitimate business need to do so (including to provide you with the Services you have requested or to comply with applicable legal requirements). When we no longer have an ongoing legitimate business need to process your personal information, we will physically destroy, delete, or anonymize it or, if this is not possible, then we will securely store your personal data and isolate it from any further processing until deletion is possible.

XI. General Contact Information

If you have any questions regarding this Privacy Policy or exercising any of your privacy rights, please contact us here or call us at 1-833-796-0136, PIN 141439.

XII. Your State Privacy Rights

If you are a California, Nevada, Virginia, Colorado or Connecticut resident, your state’s laws may provide you with additional rights regarding our use of your personal information. Please see the state-specific sections below:

Important Information for California Residents: Your California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Products and Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us here.

These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018, as amended and together with all applicable regulations (“CCPA”) provides additional rights to know, delete, and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning. For example, the definition of “personal information” under the CCPA includes your name, but also more general information such as age.

Notice of Collection

The categories of personal information that we may have collected – as described by the CCPA – in the past 12 months are:

Identifiers: name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, and account name. We may use this data to provide customers with an account, enabling them to post listings or messages, or subscribe to our newsletters. Additionally, we use online identifiers to understand how consumers use our Products and Services.

Customer records information: name, address, or telephone number. We collect this information when a user performs a transaction on the Services.

Commercial information: We use a unique identifier to track consumer behavior on our Products. We then use that data to personalize content and or advertising products to the consumer.

Internet or other electronic network activity information: We collect this data specific to our websites and applications. We do not operate a web browser or search technology, but we track searches performed on our websites. We do this for a few purposes. For example, we allow users to create saved searches and alerts. Saved searches and alerts enable users to opt in to a notification service. When the user creates a saved search, if a new product is posted on our service that matches their search criteria, we will send them an email or mobile phone alert. We also use their search behavior to personalize content and advertising.

Geolocation data: When using our Products and Services, a user may search for information using location data such as a city or zip code. Furthermore, on a mobile device, users can opt in to the mobile device geolocation service.

Inferences: We may use consumer behavior to create profiles and make inferences about future consumer behavior.

We collect and use these categories of personal information for the business purposes and sharing practices described in our policy above.

We do not generally “sell” personal information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in the above sections as a “sale,” we provide you the option to request that we not “sell” your personal information. We do not sell the personal information of minors known to be under the age of 16 without affirmative authorization.

We may sell or disclose the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data and inferences. We use and partner with different types of entities to assist with our daily operations and manage our services.

Right to Know and Delete

If you are a California resident, you have the right to delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months (also called a data portability request). In particular, you have the right to request the following from us:

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information was collected;
  • The categories of personal information about you that we have sold or disclosed for a business purpose;
  • The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: if sold, personal information categories that each category of recipient purchased; and if disclosed for a business purpose, the personal information categories that each category of recipient obtained;
  • The business or commercial purpose for collecting or selling the personal information; and
  • The specific pieces of personal information we have collected about you.

To exercise any of these rights, please submit a request here. You may also contact us by calling us at 1-833-796-0136, PIN 141439. We will use the information you provide to us solely for the purpose of verifying your request and locating your data, if any, within our records. Please note, under California law, such requests can be made a maximum of twice per twelve-month period.

We have a duty as the holder of certain personal information to verify your identity when making requests to know or delete personal information and to ensure that dissemination of that information would not cause harm to you if it were distributed to another person. To verify your identity, we will request and collect additional personal information from you to match it against our records. We may ask for additional information or documentation if we feel it is necessary to confirm your identity with the necessary degree of certainty. We may communicate with you through email, a secure message center, or other reasonably necessary and appropriate means. We do have the right to deny requests under certain circumstances. In such cases, we will notify you of the reasons for denial. We will not provide you with specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks. In no event will we disclose, if we have collected it, your Social Security number, driver’s license number or other government-issued identification number, an account password, or security questions and answers.

Right to Opt Out

To the extent we sell your personal information as the term “sell” is defined under the CCPA, you have the right to opt out of the sale of your personal information by us to third parties at any time. You may submit a request to opt out of by clicking Do Not Sell My Personal Information. You may also contact us by calling us at 1-833-796-0136, PIN 141439.

Non-discrimination

You have the right not to receive discriminatory treatment by us for exercising any of your rights.

Authorized Agent

You may be entitled, in accordance with applicable law, to submit a request via an authorized agent acting on your behalf. To do so, we must receive written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

California Do Not Track Disclosure

Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different than blocking cookies as browsers with the “do not track” option selected may still accept cookies. Right now, there is no industry standard for how companies should respond to “do not track” signals, although one may be adopted in the future. We do not respond to “do not track” signals at this time. If we do so in the future, we will modify this Policy accordingly. More information about “do not track” is available at www.allaboutdnt.com.

Important Information for Nevada Residents: Your Nevada Privacy Rights

If you are a resident of Nevada, you have the right to opt out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us here.

Important Information for Virginia Residents: Your Virginia Privacy Rights

These additional disclosures for Virginia residents apply only to individuals who reside in Virginia. The Virginia Consumer Data Protection Act (“VCDPA”) provides additional rights to confirm and access, correct, delete, obtain a copy, and opt out, and the VCDPA also requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the VCDPA, which may be broader than their common meaning.

Notice of Collection

The categories of personal information that we may have collected in the past 12 months are:

Identifiers: name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, and account name. We may use this data to provide customers with an account which enables them to post listings or messages, or to subscribe to our newsletters. Additionally, we may use online identifiers to understand how consumers use our products and services.

Customer records information: name, address, and telephone number. We may collect this information when a user performs a transaction on the Services.

Commercial information: We use a unique identifier to track consumer behavior on the Products and Services. We then use that data to personalize content and/or advertising products to the consumer.

Internet or other electronic network activity information: We collect this data specific to our websites and applications. We do not operate a web browser or search technology, but we may track searches performed on our website. We do this for a few purposes. We allow users to create saved searches and alerts. Saved searches and alerts enable users to opt in to a notification service. When the user creates a saved search, if a new product is posted on the Services that matches the user’s search criteria, we may send them an email or mobile phone alert. We may also use user search behavior to personalize content and advertising.

Geolocation data: When using the Products and Services, a user may search for information using location data such as a city or zip code. Furthermore, on a mobile device, users may opt in to the mobile device geolocation service to show the user listings from a selected mile radius from their current geolocation.

Inferences: We may use consumer behavior to create profiles and make inferences about future consumer behavior.

We collect and use these categories of personal information for the business purposes and sharing practices described in our policy above.

We do not generally “sell” personal information as the term “sell” is traditionally understood. However, to the extent “sale” under the VCDPA is interpreted to include advertising technology activities such as those disclosed in the above sections as a “sale,” we provide you the option to request that we not “sell” your personal information. We do not sell the personal information of minors known to be under the age of 16 without affirmative authorization.

We may sell or disclose the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data, and inferences. We use and partner with different types of entities to assist with our daily operations and manage our Products and Services.

What Are My Virginia Personal Data Rights? If you are a Virginia resident and are engaged in a direct business relationship with Company as a consumer for provision of the Sites or Services, you may have the following rights:

  • Right to Confirm and to Access. You may confirm whether or not we are processing your personal data. You may also request access to your personal data.
    Though you may request specific pieces of your personal information that we have collected, we may not provide the following information in order to protect the security of such information: social security numbers, driver’s license or other state or government issued identification numbers, or related information, account passwords, or security questions and answers.
  • Right to Correct. You may request the correction of any inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of the personal data.
  • Right to Delete. Under certain limited circumstances, you may request that we delete personal information that we have collected from you or maintain about you. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies.
  • Right to Obtain a Copy. You may request a copy of your personal data, which you previously provided to us, in a portable and readily usable format to the extent that it is technically feasible to do so.
  • Right to Opt Out. You may opt out of the processing of your personal data for the purposes of: i) targeted advertising; ii) the sale of personal data; or iii) profiling in furtherance of decisions that produce legal or similarly significant effects.To exercise any of these rights, please submit a request here. You may also contact us by calling us at 1-833-796-0136, PIN 141439. We will use the information you provide to us solely for the purpose of verifying your request and locating your data, if any, within our records.
  • Non-Discrimination

    You have the right not to receive discriminatory treatment by us for exercising any of your rights.

    Authorized Agent

    You may be entitled, in accordance with applicable law, to submit a request via an authorized agent acting on your behalf. To do so, we must receive written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

    Important Information for Colorado Residents: Your Colorado Privacy Rights

    These additional disclosures for Colorado residents apply only to individuals who reside in Colorado. The Colorado Privacy Act provides additional rights to confirm and access, correct, delete, obtain a copy, and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the CPA, which may be broader than their common meaning.

    Notice of Collection

    The categories of personal information that we may have collected in the past 12 months are:

    Identifiers: name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, and account name. We may use this data to provide customers with an account which enables them to post listings or messages, or to subscribe to our newsletters. Additionally, we may use online identifiers to understand how consumers use our products and services.

    Customer records information: name, address, and telephone number. We may collect this information when a user performs a transaction on the Services. Commercial information: We use a unique identifier to track consumer behavior on the Products and Services. We then use that data to personalize content and/or advertising products to the consumer.

    Internet or other electronic network activity information: We collect this data specific to our websites and applications. We do not operate a web browser or search technology, but we may track searches performed on our website. We do this for a few purposes. We allow users to create saved searches and alerts. Saved searches and alerts enable users to opt in to a notification service. When the user creates a saved search, if a new product is posted on the Services that matches the user’s search criteria, we may send them an email or mobile phone alert. We may also use user search behavior to personalize content and advertising.

    Geolocation data: When using the Products and Services, a user may search for information using location data such as a city or zip code. Furthermore, on a mobile device, users may opt in to the mobile device geolocation service to show the user listings from a selected mile radius from their current geolocation.

    Inferences: We may use consumer behavior to create profiles and make inferences about future consumer behavior.

    We collect and use these categories of personal information for the business purposes and sharing practices described in our policy above.

    We do not generally “sell” personal information as the term “sell” is traditionally understood. However, to the extent “sale” under the VCDPA is interpreted to include advertising technology activities such as those disclosed in the above sections as a “sale,” we provide you the option to request that we not “sell” your personal information.

    We do not sell the personal information of minors known to be under the age of 16 without affirmative authorization.

    We may sell or disclose the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data, and inferences. We use and partner with different types of entities to assist with our daily operations and manage our Products and Services.

    What Are My Rights Under the CPA? If you are a Colorado resident and are engaged in a direct business relationship with Company as a consumer for the provision of the Sites or Services, you may have the following rights:

    • Right to Know and to Access. You may confirm whether or not we are processing your personal data. You may also request access to your personal data.
      Though you may request specific pieces of your personal information that we have collected, we may not provide the following information in order to protect the security of such information: social security numbers, driver’s license or other state or government-issued identification numbers, bank account numbers or other financial information, any health insurance or medical identification numbers or related information, account passwords or security questions and answers.
  • Right to Correct. You may request the correction of any inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of the personal data.
  • Right to Delete. Under certain, limited circumstances, you may request that we delete personal information that we have collected from you or from a third party. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies.
  • Right to Obtain a Copy. You may request a copy of your personal data, which you previously provided to us, in a portable and readily usable format to the extent that it is technically feasible to do so.
  • Right to Opt Out. You may opt out of the processing of your personal data for the purposes of: i) targeted advertising, ii) the sale of personal data, or iii) profiling that may have a legal or other significant impact.
    To exercise any of these rights, please submit a request here. You may also contact us by calling us at 1-833-796-0136, PIN 141439. We will use the information you provide to us solely for the purpose of verifying your request and locating your data, if any, within our records.Non-discrimination

    You have the right not to receive discriminatory treatment by us for exercising any of your rights.

    Authorized Agent

    You may be entitled, in accordance with applicable law, to submit a request via an authorized agent acting on your behalf. To do so, we must receive written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

    Important Information for Connecticut Residents: Your Connecticut Privacy Rights

    These additional disclosures for Connecticut residents apply only to individuals who reside in Connecticut. The Connecticut Data Privacy Act provides additional rights to confirm and access, correct, delete, obtain a copy, and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the CTDPA, which may be broader than their common meaning.

    Notice of Collection

    The categories of personal information that we may have collected in the past 12 months are:

    Identifiers: name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, and account name. We may use this data to provide customers with an account which enables them to post listings or messages, or to subscribe to our newsletters. Additionally, we may use online identifiers to understand how consumers use our products and services.

    Customer records information: name, address, and telephone number. We may collect this information when a user performs a transaction on the Services. Commercial information: We use a unique identifier to track consumer behavior on the Products and Services. We then use that data to personalize content and/or advertising products to the consumer.

    Internet or other electronic network activity information: We collect this data specific to our websites and applications. We do not operate a web browser or search technology, but we may track searches performed on our website. We do this for a few purposes. We allow users to create saved searches and alerts. Saved searches and alerts enable users to opt in to a notification service. When the user creates a saved search, if a new product is posted on the Services that matches the user’s search criteria, we may send them an email or mobile phone alert. We may also use user search behavior to personalize content and advertising.

    Geolocation data: When using the Products and Services, a user may search for information using location data such as a city or zip code. Furthermore, on a mobile device, users may opt in to the mobile device geolocation service to show the user listings from a selected mile radius from their current geolocation.

    Inferences: We may use consumer behavior to create profiles and make inferences about future consumer behavior.

    We collect and use these categories of personal information for the business purposes and sharing practices described in our policy above.

    We do not generally “sell” personal information as the term “sell” is traditionally understood. However, to the extent “sale” under the VCDPA is interpreted to include advertising technology activities such as those disclosed in the above sections as a “sale,” we provide you the option to request that we not “sell” your personal information.

    We do not sell the personal information of minors known to be under the age of 16 without affirmative authorization.

    We may sell or disclose the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data, and inferences. We use and partner with different types of entities to assist with our daily operations and manage our Products and Services.

    What Are My Rights Under the CTDPA? If you are a Connecticut resident and are engaged in a direct business relationship with Company as a consumer for the provision of the Sites or Services, you may have the following rights:

    • Right to Confirm and to Access. You may confirm whether or not we are processing your personal data. You may also request access to your personal data.
      Though you may request specific pieces of your personal information that we have collected, we may not provide the following information in order to protect the security of such information: social security numbers, driver’s license or other state or government-issued identification numbers, bank account numbers or other financial information, any health insurance or medical identification numbers or related information, account passwords or security questions and answers.
  • Right to Correct. You may request the correction of any inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of the personal data.
  • Right to Delete. Under certain, limited circumstances, you may request that we delete personal information that we have collected from you or from a third party. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies.
  • Right to Obtain a Copy. You may request a copy of your personal data, which you previously provided to us, in a portable and readily usable format to the extent that it is technically feasible to do so.
  • Right to Opt Out. You may opt out of the processing of your personal data for the purposes of: i) targeted advertising, ii) the sale of personal data, or iii) profiling that may have a legal or other significant impact.
    To exercise any of these rights, please submit a request here. You may also contact us by calling us at 1-833-796-0136, PIN 141439. We will use the information you provide to us solely for the purpose of verifying your request and locating your data, if any, within our records.Non-discrimination

    You have the right not to receive discriminatory treatment by us for exercising any of your rights.

    Authorized Agent

    You may be entitled, in accordance with applicable law, to submit a request via an authorized agent acting on your behalf. To do so, we must receive written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

    Important Information for Utah Residents: Your Utah Privacy Rights

    These additional disclosures for Utah residents apply only to individuals who reside in Utah. The Utah Consumer Privacy Act provides additional rights to confirm, access, delete, obtain a copy, and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the UCPA, which may be broader than their common meaning.

    Notice of Collection

    The categories of personal information that we may have collected in the past 12 months are:

    Identifiers: name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name. We may use this data to provide customers with an account which enables them to post listings or messages, or to subscribe to our newsletters. Additionally, we use online identifiers to understand how consumers use our products and services.

    Customer records information: name, address, telephone number, bank account number, credit, or debit card number. We collect this information when a user performs a payment transaction on one of our services.

    Commercial information: We use a unique identifier to track consumer behavior on our products. We then use that data to personalize content and/or advertising products to the consumer.

    Internet or other electronic network activity information: We collect this data specific to our websites and applications. We do not operate a web browser or search technology, but we may track searches performed on our website. We do this for a few purposes. We allow users to create saved searches and alerts. Saved searches and alerts enable users to opt-in to a notification service. When the user creates a saved search, if a new product is posted on our service that matches their search criteria, we will send them an email or mobile phone alert. We also use their search behavior to personalize content and advertising.

    Geolocation data: When using our service, a user can search for information using location data such as a city or zip code. Furthermore, on a mobile device, users can opt-in to the mobile device geolocation service to show the user listings from a selected mile radius from their current geolocation.

    Inferences: We use consumer behavior to create profiles and make inferences about future consumer behavior.

    We collect and use these categories of personal information for the business purposes and sharing practices described in our policy above.

    We do not generally “sell” personal information as the term “sell” is traditionally understood. However, to the extent “sale” under the UCPA is interpreted to include advertising technology activities such as those disclosed in the above sections as a “sale,” we provide you the option to request that we not “sell” your personal information. We do not sell the personal information of minors known to be under the age of 13 without affirmative authorization.

    We may sell or disclose the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data and inferences. We use and partner with different types of entities to assist with our daily operations and manage our services.

    What Are My Rights Under the UCPA? If you are a Utah resident and are engaged in a direct business relationship with Company as a consumer for the provision of the Sites or Services, you may have the following rights:

    • Right to Confirm and to Access. You may confirm whether or not we are processing your personal data. You may also request access to your personal data.

    Though you may request specific pieces of your personal information that we have collected, we may not provide the following information in order to protect the security of such information: social security numbers, driver’s license or other state or government-issued identification numbers, bank account numbers or other financial information, any health insurance or medical identification numbers or related information, account passwords or security questions and answers.

    • Right to Delete. Under certain circumstances, you may request that we delete personal information that we have collected from you or from a third party. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies.
    • Right to Obtain a Copy. You may request a copy of your personal data, which you previously provided to us, in a portable and readily usable format to the extent that it is technically feasible to do so.
    • Right to Opt Out. You may opt out of the processing of your personal data for the purposes of: i) targeted advertising, or ii) the sale of personal data.

    To exercise any of these rights, please submit a request here. You may also contact us by calling us at 1-833-796-0136, PIN 141439. We will use the information you provide to us solely for the purpose of verifying your request and locating your data, if any, within our records.

    Non-discrimination

    You have the right not to receive discriminatory treatment by us for exercising any of your rights.

    Authorized Agent

    You may be entitled, in accordance with applicable law, to submit a request via an authorized agent acting on your behalf. To do so, we must receive written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

    XIII. Users Outside the United States

    The Products are hosted in the United States and are governed by U.S. law. If you are using the Products from outside the United States, please be aware that any PII you share with us will be stored and processed in the United States where we locate and operate our servers and databases. By using the Products, you consent to the storage and processing of your PII at our facilities and the facilities of those third parties with whom we share your PII as described in this Policy.

 


 

Video Consent Viewing Policy

Video content for this service is provided by Bonneville International. By continuing to use our site, you agree that Bonneville International may share your video viewing activities with any service provider acting on our behalf and with advertising partners.

 


 

Terms of Use

Last Revised September 17, 2024

Please read the Terms of Use carefully before you start to use the Site. By using this Site, you agree to be bound by all of the terms, conditions and notices contained or referenced in these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Site.

1. Acceptance Through Use. This website is operated by Bonneville International Corporation (“Operator “, “Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, including but not limited to, the Privacy Statement, the Notice and Take Down and all other terms, if any, posted elsewhere at the website, (collectively, “Terms of Use”), govern your access to and use of website, including any content, functionality, or purchase of services or items offered on or through website and all affiliated mobile apps (collectively the “Site”), whether as a guest or a registered user and are entered into by and between you and us. Any reference to the “Additional Terms and Conditions” refers to Notice and Take Down and any others Terms of Use if expressly referenced in these Terms of Use.

2. No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone younger than 18). Children should not use the Site or submit any information to Operator. We do not knowingly collect personal information from anyone younger than 18. If you are younger than 18, do not use or provide any information on this Site or through any of its features, register on the Site, make any offers or purchases through the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child younger than 18 without verification of parental consent, we will delete that information. If you believe we might have any information from anyone younger than 18, please contact us here.

3. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Choice of Law and Venue section of these Terms of Use will not apply to any disputes for which we have actual notice on or before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes as they are binding on you.

4. Changes to the Site. We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

5. Accessing the Site and Account Security. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for: (1) making all arrangements necessary for you to have access to the Site; and (2) ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the site, is governed by our Privacy Statement and you consent to all actions we take with respect to your information consistent with our Terms of Use.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You may not share passwords. Your right to access the Site is an individual, non-transferrable right. You also acknowledge your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

6. Information About You and Your Visits to the Site. All information we collect on this Website is subject to our Privacy Statement. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

7. User Submitted Content. This Site may contain message boards, chat rooms, personal profiles, forums, bulletin boards, classified ads that include functionalities to send messages authored by you and to receive messages authored by other users, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post” or “posted”) content or materials (collectively, “User Content”) on or through the Site.

If you post any content or other materials to the Site, including any audio or video files, classified advertisements or personal information (collectively, “Your Content”), you affirm, represent and warrant that (1) you own or otherwise control all right, title and interest in and to Your Content, including the copyright thereto, (2) none of the materials included in Your Content are defamatory, libelous, obscene or pornographic; Your Contentcomplies with these Terms of Use, (3) use of Your Content as provided in these Terms of Use will not violate any legal rights (tangible or intangible) of any third party, and (4) you have the right to grant the license in the following sentence to us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You hereby grant Operator, our affiliates, our designees, our service providers, and each of their and our respective licensees, successors, and assigns a perpetual, worldwide, royalty-free, non- exclusive, transferable, sublicensable license (the “License”) to use, reproduce, modify, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, prepare derivative works and otherwise disclose to third parties any of Your Content for any purpose in connection with the Site or the conduct of Operator’s business in any formats and through any media channels. Operator may monitor Your Content as it appears on the Site and may edit or delete Your Content at any time and for any or no reason without your permission, or in accordance with the Content Standards set out in these Terms of Use. Do not post Your Content if you are not willing to agree to these Terms of Use.
You understand and acknowledge that you are responsible for Your Content you post and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you, including Your Content, or any other user of the Site. This includes, but is not limited to, all information posted by any users, including you, to the classifieds section of the Site. With respect to the classified section of the Site, we do not independently verify the title or ownership for the products sold, make any representation or warranties as to the sellers of products or services, we do not verify the accuracy of any of the User Contributions related to any products for sale or services for hire, we do not screen or verify any of the parties posting User Contributions, including Your Content, or otherwise screen parties: posting content to the classifieds section, sending messages to other users, any of the User Content, or any of the products or services posted in the classified section.

All User Contributions including Your Content must comply with the Content Standards set out in these Terms of Use.

8. Linking to the Site and Social Media Features.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or claim you are our agent or representative, but you must not establish a link in such a way as to suggest any form of affiliation, association, approval, sponsorship, or endorsement on our part without our prior express written consent.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send e-mails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.

9. Links to Third Party Sites. The Site may contain links to websites operated by third parties. This includes links contained in advertisements, including banner advertisements and sponsored links. These links do not constitute or imply an endorsement, affiliation or a nexus with the linked site. The linked sites may appear to be integrated into the Site but are not under Operator’s control. Operator is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to use that site. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. Intellectual Property. Unless otherwise indicated, you acknowledge that all content (other than Your Content), materials, features, and functionalities (including but not limited to all information, software, text, displays, images, video, audio, the design, selection and arrangement thereof) available at the Site are owned by Operator and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other intellectual property or proprietary rights and laws. You may only access and use the Site as expressly permitted in these Terms of Use and for no other purpose. You may download, print or view individual pages at the Site for private individual, noncommercial use, provided you do not delete, change or otherwise modify any of the information displayed or accessible through the Site, including any copyright or trademark notices.

You are prohibited from datamining, screen scraping, web scraping, web crawling, or using any automated device, script, technology or processes that automatically queries or otherwise retrieves data from the Site, or from using any other method to access, to collect, to share or otherwise to obtain any information from the Site without first obtaining the Company’s prior written consent, which consent may be withheld and withdrawn by Us at any time, with or without notice, and in Our sole discretion.

Except for as expressly provided for herein, you may not use the Site for any commercial purpose. This includes creating websites or media with the information displayed on this Site. Except for as expressly provided herein, these Terms of Use permit you to use the Site for your personal, non-commercial use only.

Except as authorized by Operator’s prior written notice determined on a case-by-case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, republish, download, store, adapt, edit, or create derivative works from any of the material on or accessible through our Site except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Engage in the systematic retrieval of any of the materials on or accessible through our Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without the prior written permission of Operator. All logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without Operator’s prior written permission. Operator’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

If you violate any of the provisions of this section of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

11. Trademarks. The Company name, and terms using the trademarks of the Company, including station brands, station call letters, station frequencies, the Company logo, and all related names, logos, product and service names, designs, and slogans (whether or not formally registered) are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

12. Prohibited Uses: You may use the Site for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material.
  • To transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

13. Monitoring and Enforcement; Termination: We have the right to:

  • Remove or refuse to post any User Contributions, including Your Content, for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution, including Your Content, that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution, including Your Content, violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party, including but not limited to law enforcement officials, that claim that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.

YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS PARENT, AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND OTHER USERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review any material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

14. Content Standards

These content standards apply to any and all User Contributions, including Your Content, and use of Interactive Services. User Contributions, including Your Content must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations and will be assessed and evaluated in our sole discretion. Without limiting the foregoing, User Contributions, including Your Content, must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  • Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising except as expressly permitted.
  • Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.

15. Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please review the Notice and Take Down materials for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

16. Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site includes content provided by third parties, including materials provided by other users, bloggers, parties buying and selling goods and services, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

17. Online Purchases and Other Terms and Conditions. All purchases at or through our Site or other transactions for the sale of goods, or services, or information formed through the Site, or resulting from visits made by you, are governed by the relevant provisions of these Terms of Use.

18. This Site Does Not Provide Medical Advice. Any content on this Site, such as text, graphics, images, information obtained from, or contained on this Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site! The owner and operator of this site do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by the Operator, including their employees, contractors or others appearing on the Site at the invitation of the Operator, or other visitors to the Site is solely at your own risk. If you think you may have a medical emergency, call your doctor or 911 immediately.

19. This Site Does Not Provide Legal Advice. Any content on this Site such as text, graphics, images, information obtained from, or contained on this Site is for informational purposes only and is not legal advice. Information contained on this Site is not intended to create, and receipt of any information does not constitute, a lawyer-client relationship. You should NOT rely upon any legal information or opinions provided herein. You should not act upon this information without seeking professional legal counsel. Operator expressly disclaims all liability in respect to actions taken or not taken based on the content of this website. You are solely responsible for any legal decisions or actions you take or omissions you commit. Operator is not and shall not have any liability for your legal decisions based upon, or the results obtained from, the content on the Site.

20. This Site Does Not Provide Financial or Investment Advice. Any content on this Site such as text, graphics, images, information obtained from, or contained on this Site should not be interpreted as financial or investment advice. Information contained on this Site is not intended, nor should it be interpreted, as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein. You should consult with your investment advisor or conduct your own research before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions, or actions you take. Operator is not and shall not have any liability for your financial/investment decisions based upon, or the results obtained from, the content on the Site.

21. Consent to Contact, Monitoring of Messages and Call Recording

We may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to service your account or enforce these Terms of Use, our policies, applicable law, or any other agreement we may have with you. We may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our Privacy Statement, we may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You may opt-out of a specific text marketing campaign by replying “STOP” to such marketing text message.

We may share your telephone number with our authorized service providers as stated in our Privacy Statement. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Us to carry out the purposes identified above.

We may, without further notice or warning and in our sole discretion, monitor, review or record telephone conversations you or anyone acting on your behalf has with us or our agents or using telephone numbers provided on our Sites. You (i) consent to the monitoring or recording, at any time and from time to time, by us, and (ii) waive any further notice of such monitoring or recording.

We may, without further notice or warning and in our sole discretion, monitor, review or analyze any communication sent through our platform, including, but not limited to, texts, emails, calls, and message center messages. Our automated systems scan and analyze the contents of every message sent through our message platform, including messages, texts, and emails between users to, without limitation, detect and prevent fraudulent activity or violations of these Terms of Use, including the incorporated terms, notices, rules, and policies, improve Operator’s platform, products and services, and provide targeted advertising to you.

Our automated systems scan and analyze all incoming and outgoing communications content sent and received through our platform and to and from your account including messages, texts, and emails (such as all communications enabled by Braze, Audience.io, SecondStreet, Xenforo, TextGroove and including those stored on our platform or in your account to, without limitation, provide personally relevant product features and content, to match and serve targeted advertising or other advertising to you, and for spam and malware detection, abuse protection, to detect and prevent fraudulent activity or violations of these Terms of Use, including the incorporated terms, notices, rules and policies, as well as to improve Operator’s platform, products, and services. By scanning and analyzing such communications content, Operator collects and stores the data. Unless expressly stated otherwise, you will not be allowed to opt out of this feature. If you consent to these Terms of Use or the Classified Terms of Use and communicate with non-Operator users using the Services, you are responsible for notifying those users about this feature. This scanning and analysis may occur before, during, or after the message, text or e-mail is sent, or while in storage, and may result in your message, text or e-mail being delayed or withheld. We may store message, text or e-mail contents, including to conduct this scanning and analysis set forth herein.

This may result in a manual review of messages, texts and e-mails sent through our messaging tools. This scanning and analysis may occur before, during, or after the message, text or e-mail is sent, or while in storage, and may result in your message, text or e-mail being delayed or withheld. We may store message, text or e-mail contents, including to conduct this scanning and analysis set forth herein.

22. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that the files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE ” SITE MATERIALS” ), ARE PROVIDED ON AN ” AS IS”, AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE WARRANTIES OF TITLE AND NON- INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY SITE MATERIALS THAT YOU DOWNLOAD) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT OR THROUGH THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING USER CONTENT AND YOUR CONTENT, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY SERVICES OR ITEMS OBTAINED AT OR THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

24. Failure of Essential Purpose. You acknowledge and agree that the provisions hereof that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of this Agreement that are fundamental to our understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions and shall be enforced as such, regardless of any breach or other occurrence hereunder. Without limiting the generality of the foregoing, you agree that all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause any exclusive remedy under this Agreement to fail of its essential purpose.

25. Indemnification. You agree to defend, indemnify, defend, and hold harmless Operator, parent companies, subsidiaries, affiliates, divisions, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including but not limited to, Your Content, use any of the Site’s services and products obtained at or through the Site, use of any of the Site’s content, including but not limited to User Content other than as expressly authorized by these Terms of Use, or your use of any information obtained at or through the Site.

26. International Use. The Site is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited.

27. Choice of Law and Venue

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice or conflicts of law provision or rule (whether of the State of Utah or any other Jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Salt Lake City, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

28. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED AT THE EARLIER OF ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE RELEVANT STATUTE OF LIMITATION UNDER UTAH OR FEDERAL LAW PROVIDED THAT IF SUCH STATUE OF LIMITATIONS ALLOWS FOR MODIFICATION BY CONTRACT THEN SUCH TIME LIMIT TO FOR ANY CAUSE OF ACTION OR CLAIM SHALL BE ONE (1) YEAR; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

29. Integration, Severability and No Waiver. These Terms of Use, along with the Privacy Statement, the Notice and Take Down and any other terms expressly incorporated by reference posted elsewhere at the Site, if any, constitute the entire agreement between Operator and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of the terms referenced in the prior sentence are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provisions shall be eliminated or limited to the minimum extent such that the remaining provisions of the previously referenced agreements will continue in full force and effect. No waiver by the Operator of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Operator to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

30. Order of Precedence: In the event of conflict between the Terms of Use with the Privacy Statement, the terms of the Privacy Statement shall govern.

31. Contact Information. Questions concerning these Terms of Use or the Site should be directed to legal@bonneville.com. All notices of copyright infringement claims should be sent to the copyright agent designated in our Notice and Take Down in the manner and by the means set out therein.

 


 

 


 

FCC Public Files

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