Terms of Use – Full Power Radio

These Terms of Use are an integral part of the agreement between 102.9 The Whale WDRC FM,
The Talk of Connecticut 1360 WDRC AM, 610AM WSNG, Radio 104.1 WMRQ, Hartford’s
R&B 102.5 WBOM, Bomba Radio 97.1, 98.5, 99.5, 102.3, 104.5, 1490AM 104.1 WMRQ HD2,
Jammin 107.7 WWRX, Soft Rock 106.5 WBMW, 94.9 News Now WJJF, Kool Radio 96.1FM
& 990AM WNTY, 106.5 WMBW HD2 1180AM WSKP 1270AM WACM and Eagle Country
97.5 WTNN (hereafter referred to individually and collectively, together with their subsidiaries
and affiliates, as “Full Power Radio” or “we” or “us”) and each visitor or registered user, as the
case may be (each, a “user” or “you”) concerning the use of the websites, including this website,
owned, controlled, operated or hosted (whether now or in the future) by Full Power Radio and/or
its corporate affiliates, including but not limited to www.1029thewhale.com,
www.Radio1041.com, www.Bombaradio.com, www.Jammin1077.com, www.WBMW.com,
www.Talkofconnecticut.com, www.koololdiesradio.net, www.uscountry995.com,
www.latina1003fm.com, www.949newsnow.com, www.eaglecountry975.com,
www.hartfords1025.com (collectively, the “Websites”). By using the Websites, you agree to be
bound by these Terms of Use (“Terms of Use” or this “Agreement”) and acknowledge that you
have read our Privacy Policy.
This Agreement sets out the legally binding terms for your use of the Websites. We may modify
this Agreement from time to time and such modification shall be effective upon posting by us on
the Websites. You agree to be bound to any changes to this Agreement when you use the
Websites after any such modification is posted.
YOU MAY NOT USE THE WEBSITES FOR ANY PURPOSE THAT IS UNLAWFUL OR
PROHIBITED BY THIS AGREEMENT. WE RESERVE THE RIGHT, IN OUR SOLE
DISCRETION, TO REJECT, REFUSE TO POST OR REMOVE ANY POSTING BY YOU,
OR TO RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO ALL OR ANY PART
OF THE WEBSITES AT ANY TIME, IF YOU FAIL TO COMPLY WITH ANY PROVISION
OF THIS AGREEMENT, OR FOR ANY OTHER REASON, OR NO REASON, WITH OR
WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY.

User Responsibilities
If you choose to become a registered user of any part of the Websites, you represent and warrant
that all registration information you submit is truthful and accurate and that you agree to
maintain the accuracy of such information. You further represent and warrant that you are 18
years of age or older and that your use of the Websites will not violate any applicable law or
regulation. You are solely responsible for all content published or displayed through your
account and for your interactions with other registered users. The Websites are provided for your
personal and non-commercial use only.
Mobile Devices
If permitted or available through any mobile application offered by Full Power Radio
(collectively, the “Mobile App”), to (a) upload content to the Websites via your mobile device

and/or tablet, (b) receive and reply to messages, or to access or make posts using text
messaging, (c) browse the Websites from your mobile device and/or (d) to access certain
features through a mobile application you have downloaded and installed on your mobile device
(collectively the “Mobile Services”), you must have a mobile communications subscription (or
have the consent of the applicable subscriber) with a participating carrier or otherwise have
access to a mobile communications network for which makes the Mobile App available as well
as any carrier services necessary to download content, and pay any service fees associated with
any such access (including text messaging charges for each text message you send and receive
on your mobile device). In addition, you must provide all equipment and software necessary to
connect to the Mobile App, including, but not limited to, if the Websites contain a mobile
element, a mobile hand set or other mobile access device that is in working order and suitable
for use in connection with the Mobile App and to use the Mobile App. You are responsible for
ensuring that your equipment and/or software does not disturb or interfere with the Websites’
operations or the Mobile App. Any equipment or software causing interference will be
immediately disconnected from the Mobile App and we will have the right to immediately
terminate this Agreement. Any new or additional features that augment or enhance the Mobile
App will be subject to the terms and conditions of this Agreement.

Proprietary Rights in the Websites
The Websites contain copyrighted material, trademarks, and other proprietary information of
Full Power Radio and other parties (collectively, the “Intellectual Property”). Nothing contained
in the Websites should be construed as granting by implication, estoppel or otherwise, any
license or right to use any Intellectual Property displayed on the Websites without the written
permission of Full Power Radio or the third party that owns the Intellectual Property displayed
on the Websites. Your use of the Intellectual Property displayed on the Websites, or any other
content on the Websites, except as provided in this Agreement, is strictly prohibited.
Software
Any software that is made available to access, use, view and/or download in connection with the
Websites (“Software”), including applications, podcasts, audio streaming, or video streaming, is
owned or controlled by Full Power Radio and/or its licensors, affiliates and suppliers and is
protected by copyright laws and international treaty provisions. Your use of the Software is
limited to private, non-commercial use and is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software. Full Power Radio
accepts no responsibility or liability in connection with any Software owned or controlled by
third parties.
User Content Posted on the Websites
(a) Full Power Radio does not control and is not responsible for any reader comments, personal
profiles, information and photographs contained in personal profiles, messages to other
registered users, ideas, suggestions, opinions, concepts or other material, or files delivered to
Full Power Radio by you or other users (collectively, “User Content”). Full Power Radio is not
obligated to and does not regularly review, prescreen, monitor, delete, or edit User Content.

However, Full Power Radio reserves the right to do so at any time in its sole discretion, for any
reason or no reason, and to refuse, delete, move or edit any User Content, in whole or in part,
with or without notice. Full Power Radio is not responsible or liable for damages of any kind
arising from any User Content even when Full Power Radio is advised of the possibility of such
damages, or from Full Power Radio’s alteration or deletion of any User Content.
(b) By posting any User Content to the public areas of the Websites, you hereby grant to Full
Power Radio the non-exclusive, fully paid, worldwide license to use, publicly perform and
display such User Content on the Websites. User Content posted to the public areas of the
Websites may be used by Full Power Radio for commercial or entertainment use. You represent
and warrant that: (i) you own the User Content posted by you on the Websites or otherwise have
the right to grant the license set forth in this section, and (ii) your User Content does not violate
the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any
person. You agree to pay for any and all damages, including royalties and fees, including
attorney’s fees, owing any person by reason of any User Content you post on the Websites.
(c) You agree not to transmit any unlawful, threatening, libelous, defamatory, obscene,
pornographic, or profane material, or any other material that could constitute or encourage
conduct that could be considered a criminal offense or violate any law. Further, you agree not to
use any facilities or resources available on or through Full Power Radio to perpetrate prohibited
conduct, whether against Full Power Radio, or any other third party. Examples of prohibited
conduct include, but are not limited to chain letters or other communication that creates a
nuisance or is otherwise offensive to the recipient or the Full Power Radio audience.

(d) You may not engage in advertising to, or solicitation of, any user of the Websites to buy or
sell any products or services.

Privacy
Use of the Websites is also governed by our Privacy Policy.
SMS Terms & Conditions
Full Power Radio, Recurring Messages on shortcode 67076
Message and Data Rates May Apply. Reply STOP to stop. Reply HELP for info or email us at info@fullpowerradio.com.
Carriers are not liable for delayed or undelivered messages.
Links
The Websites may contain links to websites, applications or other services operated by third
parties (the “Linked Sites”). Full Power Radio does not monitor or control the Linked Sites and
makes no representations regarding, and is not liable or responsible for the accuracy,
completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or
distributed, or products, or services available at the Linked Sites. If you choose to access any
third-party site (including any Linked Site), you do so at your own risk, and your use of that site
is subject to its own terms of use and privacy policy, which you should review. The presence of a
link to a third-party site does not constitute or imply Full Power Radio’s endorsement,
sponsorship, or recommendation of the third party or of the content, products, or services
contained on, or available through, the site.
Disclaimers

The opinions expressed in any content posted on the Websites are not necessarily the opinions of
Full Power Radio. Full Power Radio is not responsible for any incorrect or inaccurate content
posted on the Websites, whether caused by users of the Websites or by any of the equipment or
programming associated with or utilized by the Websites. Full Power Radio is not responsible
for the conduct, whether online or offline, of any user of the Websites. Full Power Radio
assumes no responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, any user communication. Full Power Radio is not responsible for any
problems or technical malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of any email or players due to
technical problems or traffic congestion on the Internet or at any Websites or combination
thereof, including any injury or damage to users or to any person’s computer related to or
resulting from participation or downloading materials in connection with the Websites. UNDER
NO CIRCUMSTANCES SHALL FULL POWER RADIO BE RESPONSIBLE FOR ANY
LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM
USE OF THE WEBSITES OR FROM ANY CONTENT POSTED ON THE WEBSITES OR
TRANSMITTED TO REGISTERED USERS, OR ANY INTERACTIONS BETWEEN USERS
OF THE WEBSITES, WHETHER ONLINE OR OFFLINE, EVEN AS A RESULT OF
NEGLIGENCE BY FULL POWER RADIO. THE WEBSITES ARE PROVIDED “AS-IS”
AND FULL POWER RADIO EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FULL POWER RADIO
CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM
USE OF THE WEBSITES.

Limitation on Liability
IN NO EVENT SHALL FULL POWER RADIO BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITES, EVEN IF FULL
POWER RADIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FULL
POWER RADIO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
$100.
U. S. Export Controls.
Software from the Websites (the “Software”) is further subject to United States export controls.
No Software may be downloaded from the Websites or otherwise exported or re-exported to
countries or persons prohibited under export control laws, or to anyone on the United States
Treasury Department’s list of Specially Designated Nationals or the United States Commerce
Department’s Table of Deny Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a national or resident of any such
country or on any such list.

Indemnification
You agree to indemnify and hold Full Power Radio, its subsidiaries, affiliates, officers, directors,
agents, and other partners and employees, harmless from and against any and all claims, actions,
demands, liabilities, costs and expenses (whether relating to breach of contract, personal injury,
death, property damage or otherwise), including, without limitation, reasonable attorneys’ fees,
resulting from your breach of any provision of this Agreement or any warranty you provide
herein, or otherwise arising in any way out of your use of the Websites or participation in any
offline Full Power Radio event.. You agree to cooperate fully with Full Power Radio Media in
asserting any available defenses in connection with a claim subject to indemnification by you
under this Agreement.
General
This Agreement shall be governed by, construed and enforced in accordance with the laws of the
State of Connecticut, as it is applied to agreements entered into and to be performed entirely
within such state, without regard to conflict of law principles. You agree that any and all
disputes, claims and causes of action arising out of, or connected with, this Agreement, or in
connection with any matters related to the Websites and/or the Privacy Statement, shall be
resolved individually, without resort to any form of class action, exclusively in either the state or
Federal courts located in New London County, Connecticut. You agree to submit to the personal
jurisdiction of the courts of the State of Connecticut for any cause of action arising out of
this Agreement.
If any provision of this Agreement, or the application thereof to any person or circumstances, is
held invalid or for any reason, unenforceable including, but not limited to, the warranty
disclaimers and liability limitations, then such provision shall be deemed superseded by a valid,
enforceable provision that matches, as closely as possible, the original provision, and the other
provisions of this Agreement shall remain in full force and effect.
This Agreement is accepted upon your use of the Websites and is further affirmed by your
registration. This Agreement constitutes the entire agreement between you and Full Power Radio
regarding the use of the Websites. The failure of Full Power Radio to exercise or enforce any
right or provision of this Agreement shall not operate as a waiver of such right or provision. I
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.
These terms were last revised on October 26, 2022