Terms of Service

The Terms of Service on this page apply to Colorado Public Radio and all of its services: Denverite, CPR News CPR Classical, Indie 102.3 and KRCC.

1. General Rules and Definitions

The following Terms of Service ("Terms") govern your use of CPR.org, Denverite.com, KRCC, or any of the related or affiliated websites related or affiliated mobile sites and applications (collectively, the "Site(s)"), or any of the related services, features, functionality and content of these Sites and applications, including but not limited to content feeds (including but not limited to RSS and APIs), podcasts, live and on-demand streams, mobile applications, software and other downloads, the Site's social networking features, forums and discussions (all Site features collectively, the "Service").

BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO ABIDE BY THESE TERMS AND CPR'S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE, AND ANY MODIFICATIONS THERETO. PLEASE READ THESE TERMS CAREFULLY. BY AGREEING TO THESE TERMS OF SERVICE, YOU ALSO CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF INFORMATION YOU PROVIDE US IN ACCORDANCE WITH OUR PRIVACY POLICY. IF YOU CHOOSE TO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE SERVICE.

NOTE THAT ALL CLAIMS AND DISPUTES ARISING UNDER THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

You may access specific portions of these Terms through the following links:

2. Restrictions on Use of the Site and Services

You may only use the Site and the Services for lawful purposes in accordance with these Terms. As a condition of your use of the Site and Services, you represent and warrant to us that you will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms.

Whether on behalf of yourself or on behalf of a third party, you may only use this Site or the Services as follows: 

  • You may use this Site and the Services for non-commercial personal use only. The Site provides an online information exchange service for use by CPR and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Content, as defined below, for commercial purposes or otherwise use the Content in a manner that is inconsistent with these rules and regulations.
  • You may not remove, copy, alter, reproduce, modify, create derivative works of republish, post, publicly perform, publicly display, broadcast, download, transmit, distribute, license or commercially exploit, in whole or in part, the Site or its Content, except as expressly permitted by these Terms or as otherwise indicated on the Site, or, if applicable, by the respective content owner as indicated in any end user license agreement, if any, that accompanies such Content, provided that you include without modification all copyright and other proprietary notices contained in the Content.
  • You may not circumvent, disable or otherwise interfere with security- related features of the Services or features that prevent or restrict use or copying of any content. You further agree not to reverse engineer or jeopardize the correct functioning of the Site or attempt to gain access to secured portions of the Site to which you do not possess access rights.
  • You may not use the communications systems provided by the Site for any advertising, promotion or solicitation purposes, regardless of whether or not this is for commercial or non-profit purposes.
  • You may not use the Site or Services to generate unsolicited email advertisements or spam, to conduct or promote any illegal activity, for political campaigning, or soliciting support for legislative or other initiatives. You may not use the Site or its Content to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity, or express or imply that we endorse any statement that you make.
  • In connection with the use of the Services, you shall abide by all applicable federal, state and local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. The violation of applicable laws may give rise to civil and/or criminal penalties. You may not use the Site in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying this Site.
  • You may copy and download only the content designated on the Site as downloadable. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

CPR reserves all rights not expressly granted in and to the Site and the Content.

3. Ownership

All elements of the Site, including, without limitation, software, text, graphics, logos, button icons, images, audio clips, streams, downloads, and data compilations (collectively, “Content”) are, as between you and CPR, the sole property of CPR or its licensors, and protected by United States and international law, including copyright law. All Content and intellectual property rights therein are the property of CPR or of third parties who have licensed their rights to CPR. Except for content for which CPR gives explicit authorization, or as otherwise permitted under law, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way.

All Marks are proprietary to CPR, unless otherwise noted, in which case they are the trademarks, service marks, and/or trade names of the respective owner as indicated by the mark, as the case may be. All rights are reserved by the respective owners. You may not use any CPR-provided service marks, logos or graphics, without CPR's prior written consent, except that you shall have the right, and obligation, to use any CPR or other content provider service mark or logo included in, or required to be used in connection with, Content or other functionalities of the Site, subject to the requirements set forth in these Terms for the use of the Content or other functionalities of the Site.

Copyrights. As between you and CPR, CPR and its licensors own and reserve the copyrights in this Site, including all of its Content. Under these Terms, we hereby grant you a limited license to access and use this Site and to download and print copies of any Content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license does not include use of any data mining, robots or similar data gathering or extraction methods. We may revoke this license at any time and for any reason without notice.


Trademarks. All trade names, trademarks and service marks displayed on this Site are the registered or unregistered trademarks of CPR, its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties.

Restrictions. Except as otherwise provided in these Terms, you may not use, copy, reproduce, distribute, republish, download, modify, display, post or transmit Content or Trademarks in any form or by any means without our express prior written permission.


Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding this Site and the information, products, and services we make available through this Site (collectively, “Feedback”). By submitting Feedback, however, please note that you represent and warrant that you have the legal rights to disclose any ideas or information you include in your Feedback. Please also note that the Feedback you provide to us through this Site will be and remains our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. This means that we will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

4. Podcasts and Content Feeds

The MP3 audio files and XML files that together comprise a CPR produced and originated podcast (herein referred to as the “Podcast”) are protected by U.S. and international copyright laws. All rights to Podcast(s) produced by CPR and originated from CPR.org, including the content and technology included therein, are reserved to CPR. CPR produced and originated podcast(s) are available for personal, noncommercial use only. You may link to CPR Podcast(s) from your personal website and audio files may be downloaded and played on any system for personal, noncommercial purposes, provided that, unless permission to do so is expressly stated:

1. you do not modify or delete any of the Podcast content nor individual audio files;
(b) you do not redistribute the MP3 audio files made available as part of the Podcast nor any audio file downloaded from the Site;

2. the use or display does not suggest that CPR nor the producer of the Podcast(s) promotes or endorses any third party causes, ideas, websites, products or services;

3. audio files made available for download are not to be reproduced, edited, re-transmitted, or in any way repurposed without prior consent from the producer and CPR, except as permitted by law.

For permission requests, please contact [email protected].


CPR reserves the right to discontinue providing Podcast(s) and to require that you cease accessing or using the podcast(s) or any elements of the Podcast at any time for any reason.

Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the Podcast producer, CPR, nor any local station be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the Podcast(s).

5. Denverite Classifieds

The following terms are in addition to those elsewhere in these Terms and apply specifically to the content of the Denverite Classifieds (“Classifieds”):

a. Purpose. The Classifieds are intended to bring people together in the Denver area and build a community.  The Classifieds are a place for people to make a connection, find a pen pal, or organize a meet-up.  The Classifieds are not intended for selling anything, are not intended to help you find a roommate, or provide any services.

b. Email registration process. To gain access and post to the Classifieds, prospective users will be asked to complete a Google form, consent to these Terms and to CPR’s Privacy Policy.  Upon submission of the Google form, users will receive an email in order to confirm their information, including their email address.  You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted or requested. No user content will be posted unless this initial confirmation process is completed and the user’s email address is confirmed. 

c. Representations by the user.  By accessing or using the Classifieds in any way, submitting a form, clicking on a button, or taking a similar action to signify your affirmative acceptance of these Terms, you hereby represent that:  

i. You have read, understand and agree to be bound by these Terms, CPR’s Privacy Policy, and any future amendments and additions to these as published from time to time at this link or at www.cpr.org;

ii. You are 18 or older;

iii. You have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry;

iv. You have the authority to enter into these Terms personally;

v. You will comply with all applicable laws, including those of the country, state and city in which you are present while using the Classifieds.

d. Access. By accepting these Terms, you may be granted a revocable license to access, post, and respond to the Classifieds. Your access privileges are conditioned on your adherence to these Terms. CPR reserves the right to temporarily deny you access to the Classifieds or permanently terminate your access privileges at any time if, in CPR’s sole discretion, you have failed to abide by these Terms or appear to us likely to do so. By agreeing to grant you access, CPR does not obligate itself to do so or to maintain the Classifieds, or to maintain the Classifieds in its present or any future form, and CPR expressly reserves the right to modify, suspend or terminate your access privileges.

Your access privileges may not be transferred by you to any third parties and any attempt to do so by you shall result in suspension or termination of your access.

e. Prohibited Commercial Use. The Classifieds are for personal use only. You may not use the Classifieds or any content contained in the Classifieds (including, but not limited to, content of other Users, text, graphics, images, videos, logos, or any other visual or audio material) in connection with any commercial endeavors, such as promotion of a business, or advertising or soliciting any User to buy or sell any products or services. Users of the Classifieds may not use any information obtained from the Classifieds to contact, advertise to, solicit, or sell to any other User without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Classifieds for any purpose.

f. ACCEPTABLE USE POLICY FOR THE CLASSIFIEDS.  By submitting content to the Classifieds, you agree that you are solely responsible for the content and information.  CPR, in its sole discretion, may choose whether to post your submitted content.  You agree to the following with respect to any content you submit, including, but not limited to, messages, videos, music, photographs, or text “(“User Content”):

i. You will only use the Classifieds for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material. 

ii. You will not use the Classifieds to harass, intimidate, abuse, bully, exploit, threaten, or stalk others, or to otherwise cause nuisance, annoyance or inconvenience. 

iii. You will not use the Classifieds to solicit personal information from anyone under the age of 18 or to solicit payment or services from any User.

iv. You will not use the Classifieds, or any content accessible through the Classifieds, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Users. 

v. You will not violate the publicity or privacy rights of another individual.

vi. You and your User Content will not violate the copyright, trademark, or any other intellectual property rights of another individual or entity. 

vii. You will not copy or distribute any other content displayed through the Classifieds.

viii. You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Classifieds except for your personal, noncommercial use. 

ix. The information you provide to us or otherwise communicate with us is accurate. 

x. You will not attempt to gain unauthorized access to any part of the Classifieds or use the Classifieds that in any way would harm or disable CPR’s servers, website, or networks. 

xi. You will not use any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Classifieds. 

xii. You will not impersonate another person, act as another entity without authorization, create multiple accounts, or misrepresent your identity, status, qualifications or affiliations.

xiii. Your User Content does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors. 

xiv. Your User Content does not violate any state or federal law designed to regulate electronic advertising. 

xv. Your User Content does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole discretion. 

xvi. Your User Content will not contain any material deemed illegal or inappropriate.

xvii. You grant to CPR and its users a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute your User Content. You further agree that any User Content you submit to the Classifieds may be viewed by other Users and may be viewed by any person visiting the Classifieds.

xviii. You agree that CPR may access, preserve and disclose your information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, including in order to comply with legal process, enforce these Terms; respond to claims that any User Content violates the rights of third parties; respond to your communications with the Classifieds or your request for assistance, or to protect the rights, property or personal safety of any other person or of CPR and its affiliates and employees. 

g. CPR BEARS NO RESPONSIBILITY FOR CONDUCT OF ITS USERS OR THE CONTENT POSTED TO THE CLASSIFIEDS. CPR, its affiliates, parent and subsidiary organizations, websites, and mobile sites are not responsible for the conduct of Users on or off our Sites and the Classifieds in particular. You agree to use caution in all interactions with other Users – especially if you decide to communicate with a User or meet in person.

YOU ARE SOLELY RESPONSIBLE FOR THE INTERACTIONS WITH OTHER MEMBERS AND USERS. YOU UNDERSTAND THAT CPR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. CPR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF USERS.

While CPR will always use its best efforts to ensure the accuracy and completeness of information provided on the Classifieds, CPR cannot guarantee the accuracy, adequacy, quality or suitability of any data on the Classifieds and expressly disclaims liability for errors and omissions in the contents of the Classifieds. Any use or reliance on any content or materials posted via the Classifieds or obtained by you through the Classifieds is at your own risk. Any link to a website, email address, or phone number owned by a third party in the Classifieds does not constitute an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number.

Under no circumstances will CPR, its affiliates, parent and subsidiary organizations, websites, and mobile sites be liable in any way for any User Content or other content or materials of any third parties (including by users), whether at the Classifieds or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.

h. Third-Party Websites. The Classifieds may provide, or Users may provide, links or access to other sites and resources on the internet. CPR has no control over such sites and resources and CPR is not responsible for and does not endorse such sites and resources. You acknowledge and agree that CPR will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content available on or through any such site or resource. Any dealings you have with third parties found while using the Classifieds are entirely between you and the third party, and you agree that CPR is not liable for any loss or claim that you may have against any such third party.

i. Content Monitoring. You understand and agree that CPR may, but is not obligated to, monitor or review any User Content you submit. CPR, in its sole discretion, may choose not to post or may delete any User Content, in whole or in part.

j. Complaint Procedure. If you believe that someone has posted material to the Classifieds which infringes the intellectual property or other rights of third parties or which is in violation of U.S. law, or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable or inappropriate, or which constitutes child pornography, we ask you to flag the post to our attention by contacting us at the following address: [email protected]

When emailing us to complain about inappropriate content, please provide as much detail as possible, including:

i. the nature of the content;

ii. all facts which lead you to believe that the content is inappropriate;

iii. the precise location where the offending material is located; 

iv. any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense to posting the content; and 

v. if known, the identity of the person or persons who posted the offending material.

You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to the Classifieds, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.

k. Termination. You may terminate your access to the Classifieds at any time and for any reason.  Termination requests by a user should be sent to [email protected] and you may receive a follow-up email to confirm that you intend to terminate your access to the Classifieds.  At CPR’s sole discretion, CPR may modify or discontinue the Classifieds, or may modify, suspend or terminate your access to the Classifieds, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Classifieds, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Classifieds is terminated, these Terms will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of the Terms.

6. Monetary Contributions

In some instances, we may provide you with the opportunity to support our Sites and Services.

  • Monetary Contribution Information: If you wish to support our Site and our Services through a monetary contribution (a “Contribution”), you may be asked to supply certain information relevant to your Contribution, including information about your method of payment (such as your payment card number and expiration date) and your billing address (collectively, “Contribution Information”). You represent and warrant that you have the legal right to use any Contribution Information utilized in connection with any Contribution. By submitting Contribution Information to us, you grant to us the right to provide such information to third parties for the purposes of facilitating the completion of Contribution initiated by you or on your behalf. Verification of Contribution Information may be required prior to the acknowledgment or completion of any Contribution.
  • Payment: You agree to pay us all Contribution charges and fees that may be incurred by you or on your behalf through the Site.

7. Notice and Takedown Policy

All rights, including copyright and database rights, in this Site and the Site’s Content are owned by or licensed to CPR, or otherwise used by CPR as permitted by applicable law or agreement.

Notification of Copyright Infringement. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Site infringes upon your copyrights, you may submit a notification to CPR’s Designated Agent pursuant to the Digital Millennium Copyright Act (“DMCA”), Section 17 USC 512(c)(3) of the US Copyright Act. All notifications of claimed copyright infringement should be sent – either electronically or via U.S. Mail – as follows:

CPR DMCA Agent
Bridges Broadcast Center
7409 S Alton Ct
Centennial, CO 80112
Fax: 303-733-3319
Email:[email protected]

According to Section 512(c)(3)(a), any copyright infringement notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the above requirements, your notice may not be valid pursuant to the DMCA. Please note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing on existing copyrights may be subject to liability.

8. Links to Third Party Sites, Embedded Tools and Services

The CPR Sites contain links to Internet sites, applications and services maintained by third parties, over which CPR has no control. CPR does not endorse the content, operators, products or services of such sites, and CPR is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. We make no representations regarding the content or accuracy of materials on such third party websites. You further acknowledge and agree that CPR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your use of such websites is subject to the terms and policies of the owner of such websites and not these Terms.

In some cases, the Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. For instance, the Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, X (formerly known as Twitter), Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to CPR and that your use of the third party services is subject to the terms and policies of those services. YOUR USE OF THIRD-PARTY WEBSITES OR SERVICES IS AT YOUR OWN RISK

9. Representations and Warranties

You represent and warrant to CPR that: (1) you have the legal right and authority to enter into these Terms; (2) these Terms form a binding legal obligation on your behalf; (3) you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms; and (4) your use of and access to the Site will comply with all applicable laws, rules, and regulations and will not cause CPR to violate any applicable laws, rules, or regulations.

10. Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SITE, ANY CONTENT ON THIS SITE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CPR DOES NOT WARRANT THAT ANY CONTENT IS COMPLETE OR ACCURATE, THAT THE CPR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY CONTENT OR ANY COMMUNICATIONS SENT FROM US IS FREE FROM UNAUTHORIZED ACCESS, THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISM, OR OTHERWISE MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SITE. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS SITE BY OUR CUSTOMERS OR BY SITE USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT OUR OPINION, ADVICE OR STATEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK. NO ADVICE OR CONTENT OBTAINED BY YOU FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

11. Limitation of Damages

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM OR RESULT FROM THE USE OR INABILITY TO USE THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON CONTENT AVAILABLE ON THE SITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, DISCLOSURE OF COMMUNICATIONS, OR LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY, OR ANY OTHER FAILURE OF PERFORMANCE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CPR OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON OUR LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS WILL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

12. Release and Indemnity

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST CPR AND/OR THE MEMBER STATIONS, AND ITS AND/OR THEIR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, ASSIGNS, USERS, CUSTOMERS, PROVIDERS, LICENSEES, AND SUCCESSORS IN INTEREST (“INDEMNIFIED PARTIES”), ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR BREACH OF ANY REPRESENTATIONS, WARRANTY, OR OTHER PROVISION IN THESE TERMS, OR FAILURE TO ABIDE BY APPLICABLE LAW.

13. Modifications

We are continually improving and adding to the features and functionality of this Site and the Services we offer through this Site. As a result of these changes (or changes in applicable law), these Terms may be modified by CPR from time to time without notice by posting the revised version of these Terms to the link marked “Terms of service” at the bottom of this Site. Any modifications will be effective 24 hours after posting through the Site or delivery of such other notice. You must cease using the Site or terminate these Terms at any time if you do not agree to any changes. Continuing to use the Site after a change has been made will signify your acceptance of the changes. You should refer back to this page for future updates. Whenever we do change these Terms, we will also change the “effective date” at the bottom of these Terms.

14. Additional Terms

Our Privacy Policy describes the personal information we collect when you and others use this Site, how we use that personal information, and some of the steps we take to protect your privacy. 

15. Use of Third Party Content on the Site

Content owned by third party content publishers, such as text, photo, graphic, audio and/or video material, shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these third party materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the third party material found on this Site. Those third parties, such as the Associated Press, will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

16. General Information

  • Right to Modify or Discontinue This Site. We reserve the right at any time to modify or temporarily or permanently discontinue this Site or the Services (or any part thereof) with or without notice, and we will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.
  • Age Eligibility. This Site is intended for use by users who are 16 years of age or older. We do not knowingly collect or maintain personal information from persons under 13 years of age. If we learn that we have collected Personal Information from persons under 13 through our services, we will take appropriate steps to delete this information in accordance with CPR’s Privacy Policy.
  • Use of Terms. Words and phrases used in these Terms have the definition given in these Terms or, if not defined herein, have their plain English meaning as commonly interpreted in the United States. As used in these Terms, the term “including” means “including, but not limited to.” Section headings are for reference purposes only.
  • Entire Agreement. The Terms constitutes the entire agreement between you and CPR and governs your use of the Site, superseding any prior version of these Terms between you and CPR with respect to the Site.
  • Conflicts. Some of the Content in the Site may now or in the future be made available under the specific terms of a license agreement. Where any matter contained in these Terms or elsewhere on the Site may be read so as to alter, amend or supersede any part of such license agreement, then the license agreement shall be taken to be the definitive and over-ruling part of these Terms.
  • Choice of Law and Forum. You and CPR each agree that the Terms and the relationship between the parties shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and CPR, shall be brought exclusively in the courts located in Denver, Colorado. You and CPR agree to submit to the personal jurisdiction of the courts located within Denver County, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
  • 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 this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred to the extent permitted by applicable law.
  • Waiver. Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
  • Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions, and the court will substitute for such provision a valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms will remain in full force and effect.
  • Relationship of the Parties. The parties hereto are independent parties, not agents, employees or employers of the other, or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any assignment in violation of the foregoing will be null and void. We may freely assign these Terms.

17. Contact Us

If you have any questions about the Terms, please contact us at [email protected].

Effective Date: July 8, 2024
Last Updated: July 8, 2024