Terms of Service

The following terms and conditions govern your use of proclaimfm.com (or “Site”). Use of this Site is conditioned on your complete acceptance without modification of the terms, conditions and notices contained herein (“Terms of Use”). Your use of this Site contractually obligates you to abide by these Terms of Use. Proclaim-FM is governed by its parent ministry, Maumee Valley Broadcasting Association.

Copyright

Aside from material provided by third party entities, all content, including but not limited to graphics, articles, commentary, compilations, and design, are the exclusive property of Maumee Valley Broadcasting Association. Maumee Valley Broadcasting Association reserves all copyright and intellectual property rights to such material. You are permitted to view, download, copy and print, for your personal use only, the material contained on the Site so long as you do not modify or alter the content and you keep intact all copyright and other proprietary notices. You are prohibited from distributing, modifying, transmitting, or utilizing in any public or commercial manner, material provided by Maumee Valley Broadcasting Association even if that material is otherwise available in the public domain. Any desire to utilize material provided by Maumee Valley Broadcasting Association in a way other than as described above requires prior and express written permission from Maumee Valley Broadcasting Association.

Security

Maumee Valley Broadcasting Association has made and will continue to make efforts to ensure the security of the proclaimfm.com website. You hereby agree to not violate the security of the Site or interfere with the proper working of the Site at any time. You are prohibited from transmitting any file or utilizing any viruses, worms, or any other vehicles or processes which will in any way damage or contaminate the Site. Any violation of the terms of this paragraph will be grounds for Maumee Valley Broadcasting Association to terminate your right to use the Site and may also result in civil or criminal liabilities.

Disclaimer of Warranty

THE SERVICES AND MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES CONCERNING AVAILABILITY OR ACCURACY.

Limitation of Liability

NEITHER MAUMEE VALLEY BROADCASTING ASSOCIATION NOR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES, SHALL BE LIABLE FOR INJURY, LOSS OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM MISINFORMATION, ERRORS, OMISSIONS, DEFECTS, UNAVAILABILITY OF SERVICES, DELAY OR FAILURE OF PERFORMANCE, OR ANY OTHER POSSIBLE OCCURRENCE. WHILE MAUMEE VALLEY BROADCASTING ASSOCIATION TAKES REASONABLE SECURITY MEASURES DESIGNED TO PROTECT AGAINST ANY UNAUTHORIZED ACCESS, VIRUS TRANSMISSION, ALTERATION OF MATERIALS AND THE LIKE, MAUMEE VALLEY BROADCASTING ASSOCIATION IS IN NO WAY LIABLE FOR DAMAGE OF ANY KIND RESULTING FROM A BREACH IN SECURITY.

Miscellaneous

These Terms of Use shall be governed and construed in accordance with the laws of the State of Ohio, U.S.A.

In any mediation, arbitration, suit or other action arising out of or in connection with any of the terms, covenants or provisions of these Terms of Use, you agree that all attorneys’ fees, costs and any other expenses incurred or accrued directly or indirectly in connection therewith shall be paid by the party who is (or the parties who are) found by the arbitrator or court to have breached these Terms of Use in addition to any equitable relief or damages and/or costs awarded at law; provided that if more than one party is found to have breached the terms of these Terms of Use, the court shall award all such attorneys’ fees, costs and expenses to the party who is found to be the least at fault.

These Terms of Use may be amended or changed from time to time without notice. It is your responsibility to check back with this page to ensure compliance with the current Terms of Use. If you choose not to accept the changes made to the Site you must discontinue use of the Site immediately. Continued use of the Site after changes have been made to these Terms of Use constitutes acceptance of any change.

These Terms of Use incorporate by reference any notices contained on this Site and together govern your use of the materials and services of proclaimfm.com. If any provision of these Terms of Use is determined to be unlawful, unenforceable, or invalid, such provision shall be enforced to the full extent allowed by law and severed from the Terms of Use without affecting the validity and enforceability of the remaining provisions.

It is understood and agreed that a waiver of one or more breaches of a covenant contained herein shall not be considered a waiver of a covenant or any portion of these Terms of Use, or a waiver of any subsequent or other breaches of the same covenant or of any breach of any other covenant contained herein.

Maumee Valley Broadcasting Association is not responsible for the accuracy and lawfulness of the underwriting information of third parties and will not be responsible for any resulting injury.

Use of this website is subject to the provisions contained in our Privacy Policy.

Any violation of the provisions contained herein may result in the suspension or termination of a user’s right to utilize the services provided by proclaimfm.com. Maumee Valley Broadcasting Association further retains the right to seek additional remedies, including but not limited to civil or criminal penalties, for any violation of these Terms of Use.

Contact Maumee Valley Broadcasting Association at This email address is being protected from spambots. You need JavaScript enabled to view it. with any questions regarding these Terms of Use. All notices or inquiries made to Educational Media Foundation shall be delivered by: (a) first class, certified mail, return receipt requested, postage prepaid; (b) express delivery by a recognized national carrier or express delivery service, cost being prepaid; or (c) personally hand delivered, dated receipt obtained. The effective date of such notice shall be deemed to be the date of sending such certified mail or express delivery, or the actual date of hand delivery, as the case may be. Notice by mail or express delivery shall be addressed as follows:

Proclaim FM Webmaster
P.O. Box 457
Holland, OH   43528

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