(1) YOU ARE 18 YEARS OF AGE OR OLDER,
(2) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Aprosys-Radio and the audio streaming services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any audio information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Aprosys-Radio's services may not be used to facilitate infringement of these laws in any way.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Aprosys-Radio will impose fees; and/or pursue civil remedies without providing advance notice.
You agree that Aprosys-Radio shall be permitted to charge your credit card on a monthly/yearly, basis in advance of providing streaming services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due.
Subscriber is aware that Aprosys-Radio may prospectively change the specified rates and charges from time to time.
Aprosys-Radio is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Aprosys-Radio.
Currency exchange settlements will be based on agreements between you and the provider of your credit card. Partial refunds are issued for a canceled subscription/account. A partial refund means that we subtract the Stripe and bank processing fees for making debit and credit transactions from your subscription, as well as the amount of services used, up to 98% of the monthly or annual cycle.
Internet Service Provider Fees:
You agree that Aprosys-Radio is not responsible for any additional fees charged to you by your internet provider for accessing our internet audio stream.
Account Cancellation Or Suspension:
Aprosys-Radio reserves the right to suspend web site access to any subscriber if, in the judgment of the Aprosys-Radio network administrators, the subscriber's device or server is the source or target of a violation of any of the other terms of service or for any other reason which Aprosys-Radio chooses. Aprosys-Radio will use reasonable care in notifying the Subscriber and in resolving the problem in a method resulting in the least amount of service interference or disruption.
Aprosys-Radio reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the subscribers's account(s) were suspended.
You may cancel the subscription service at any time by using the "Cancel Subscription" link located on the "Edit Profile/Cancel Account" sub-menu of the Aprosys-Radio web application. Cancellation of subscription service does not relieve Subscriber of responsibility for the payment of Stripe and bank fees, and services used in the cycle for which the subscription was canceled.
Technical Support Boundaries:
Aprosys-Radio, provides technical support to our subscribers via e-mail.
The following are our guidelines when providing support: Aprosys-Radio provides support related to your Aprosys-Radio subscription and issues connecting to our audio stream. Aprosys-Radio does not offer technical support for other software applications or operating system specific issues such as other software application configuration, programming, web or email server configuration, or any other such issue.
Disclosure To Law Enforcement:
The Terms of Service specifically prohibits the use of our subscription service for illegal activities. Therefore, Subscriber agrees that Aprosys-Radio may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Aprosys-Radio shall have the right to terminate all service set forth in this Agreement.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Subscribers gain access to the Streaming Services; what Content you access via the Services; or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Limitation Of Liability:
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF Aprosys-Radio HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT Aprosys-Radio WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST Aprosys-Radio ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF Aprosys-Radio'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
Aprosys-Radio wishes to emphasize that in agreeing to the Aprosys-Radio Terms of Service, Subscriber indemnifies Aprosys-Radio for any violation of the Terms of Service that results in loss to Aprosys-Radio or the bringing of any claim against Aprosys-Radio by any third-party. This means that if Aprosys-Radio is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Aprosys-Radio, plus all costs and reasonable attorney's fees.
You agree that Aprosys-Radio may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Aprosys-Radio services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Aprosys-Radio and govern your use of Aprosys-Radio subscription services, superseding any prior agreements between you and Aprosys-Radio for the use of Aprosys-Radio subscription services.
Choice Of Law And Forum:
The Terms of Service and the relationship between you and Aprosys-Radio shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and Aprosys-Radio agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, North Carolina.
Waiver And Severability Of Terms:
The failure of Aprosys-Radio to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute Of Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Aprosys-Radio subscription services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.