LAST MODIFIED: August 15, 2017

 

1. Acceptance of the Terms of Use

Welcome to the Dial Report website platform owned by TagStation, LLC (“Company,” “We,” or “Us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Dial Report (defined below), whether as a guest or a registered user; provided that if you have signed a TagStation Agreement, TagStation Services Agreement, Dial Report Seat License Agreement or similar agreement with the Company authorizing you to utilize TagStation Services or access the Dial Report (any such agreement, the “TSSA”), the terms and conditions of the TSSA are incorporated into these Terms of Use, with the terms of the TSSA controlling in the event of any conflict between the terms of the TSSA and the Terms of Use.

Please read the Terms of Use carefully before you start to use the Dial Report. By using the Dial Report or by registering as a user, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at the link set forth at the end of these Terms of Use, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Dial Report.

The Dial Report is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Dial Report, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Dial Report.

2. 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 Dial Report thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Dial Report.

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

3. Accessing the Dial Report and Account Security

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

You are responsible for:

    • – Making all arrangements necessary for you to have access to the Dial Report.
    • – Ensuring that all persons who access the Dial Report through your internet connection are aware of these Terms of Use and comply with them.

To access the Dial Report 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 Dial Report that all the information you provide on the Dial Report is correct, current and complete. You agree that all information you provide to register with the Dial Report or otherwise, including but not limited to through the use of any interactive features on the Dial Report, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Your user name, password or any other piece of information provided to you as part of our security procedures is confidential, and you must not disclose it to any other person or entity. The Dial Report operates on a Seat License basis. Therefore, you acknowledge that your account is personal to you and agree not to provide any other person with access to the Dial Report or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name 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 user name, 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.

4. Intellectual Property Rights

The Dial Report and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property (“IP”) or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of our IP, 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 that are automatically cached by your Web browser for display enhancement purposes.
    • – You may print or download copies of a reasonable number of pages of the Dial Report.

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.

If you wish to make any use of our IP other than that set out in this section, please address your request to the email address listed at the end of these Terms of Use.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Dial Report in breach of the Terms of Use, your right to use the Dial Report will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Your obligation to pay any subscription or other fees, however, will continue.

No right, title or interest in or to our IP is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Dial Report not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, including but not limited to TagStation®, NextRadio® , Dial ReportTM and SlingshotTM, 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 the Dial Report are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Dial Report only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Dial Report:

    • – 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).
    • – For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
    • – To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
    • – To 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).
    • – To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Dial Report, or which, as determined by us, may harm the Company or users of the Dial Report or expose them to liability.

Additionally, you agree not to:

    • – Use the Dial Report in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Dial Report, including their ability to engage in real time activities through the Dial Report.
    • – Use any robot, spider or other automatic device, process or means to access the Dial Report for any purpose, including monitoring or copying any of the material on the Dial Report.
    • – Use any manual process to monitor or copy any of the material on the Dial Report or for any other unauthorized purpose without our prior written consent.
    • – Use any device, software or routine that interferes with the proper working of the Dial Report.
    • – Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    • – Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Dial Report, the server on which the Dial Report is stored, or any server, computer or database connected to the Dial Report.
    • – Attack the Dial Report via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Dial Report.

7. Monitoring and Enforcement; Termination

We have the right to:

    • – Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Dial Report.
    • – Terminate or suspend your access to all or part of the Dial Report for any violation of these Terms of Use.

8. Reliance on Information Posted

The information presented on or through the Dial Report 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 Dial Report, or by anyone who may be informed of any of its contents.

9. Changes to the Dial Report

We update the content on the Dial Report from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Dial Report may be out of date at any given time. 

10. Information About You and Your Visits to the Dial Report

All information we collect on the Dial Report is subject to our Privacy Policy. By using the Dial Report, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

11. Links from the Dial Report

If the Dial Report contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Dial Reports linked to the Dial Report, you do so entirely at your own risk and subject to the terms and conditions of use for such Dial Reports.

12. Geographic Restrictions

The owner of the Dial Report is based in the state of Indiana in the United States. We provide the Dial Report for use only by persons located in the United States. We make no claims that the Dial Report or any of its content is accessible or appropriate outside of the United States. Access to the Dial Report may not be legal by certain persons or in certain countries. If you access the Dial Report from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

13. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Dial Report 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. 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 DIAL REPORT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY DIAL REPORT LINKED TO IT.

YOUR USE OF THE DIAL REPORT, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT IS AT YOUR OWN RISK. THE DIAL REPORT, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY 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 DIAL REPORT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE DIAL REPORT, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT 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 DIAL REPORT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

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

14. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIAL REPORT, ANY DIAL REPORT LINKED TO IT, ANY CONTENT ON THE DIAL REPORT OR SUCH OTHER DIAL REPORT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT OR SUCH OTHER DIAL REPORT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE 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.

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

15. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, 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, your use of the Dial Report, or your failure to timely pay any amounts due to the Company under the terms of your TSSA, including, but not limited to, your User Contributions, any use of the Dial Report’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Dial Report.

16. Governing Law and Jurisdiction

All matters relating to the Dial Report 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 Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Dial Report shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana in the city of Indianapolis, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

17. 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 DIAL REPORT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

18. Waiver and Severability

No waiver of by the Company of any term or condition set forth 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 Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

19. Entire Agreement

The Terms of Use and our Privacy Policy, as well as any TSSA to which you are a party, constitute the sole and entire agreement between you and the Company with respect to the Dial Report and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Dial Report. 

20. Your Comments and Concerns

The Dial Report is operated by TagStation, LLC, One EMMIS Plaza, 40 Monument Circle, Suite 700, Indianapolis, IN 46204.

All feedback, comments, requests for technical support, notices of copyright infringement and other communications relating to the Dial Report should be directed to the contact set forth below for this Dial Report.

21. Dial Report Definition and Contact Information:

This “Dial Report” is the Dial Report website platform through which you accessed these Terms of Use set forth below, as well as all webpages, subdomains and subparts therein contained: 

Dial Report Domain Address: www.DialReport.com
Contact Email: Support@DialReport.com