Sponsor Public Mediapowered by Market Enginuity
Legal

Terms of Service

Last updated October 14, 2026

Welcome! Sponsor Public Media is a trade name of Market Enginuity, Inc. (“Sponsor Public Media,” “Company,” “we,” “our,” or “us”). We are a sponsorship sales agency that represents public media organizations and operate the Sponsor Public Media platform, through which you can order on-air underwriting messages on our partner stations without a phone call or a contract negotiation (collectively, the “Service(s)”). Your (“you”, “your”, or “sponsor”, as applicable and collectively with other sponsors using the Service, the “sponsors”) use and access to the Service is governed by these Terms of Service (“Terms of Service” or “Terms”).

THESE TERMS OF SERVICE GOVERN YOUR ACCESS AND USE OF THE SERVICE AND SUPERSEDE ALL PRIOR TERMS OR AGREEMENTS BETWEEN YOU AND SPONSOR PUBLIC MEDIA.

BY ACCEPTING THESE TERMS OF SERVICE THROUGH USE OR ACCESS OF THE SERVICE, OR OTHERWISE ELECTRONICALLY INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OUR REFUND POLICY, AND OUR PRIVACY POLICY. YOU FURTHER REPRESENT AND WARRANT TO US THAT: (I) YOU ARE AT LEAST 18 YEARS OLD; (II) YOU ARE ACTING ON BEHALF OF A BUSINESS, ORGANIZATION, OR OTHER ENTITY, OR AS A SOLE PROPRIETOR, AND YOU HAVE FULL AUTHORITY TO BIND THAT BUSINESS, ORGANIZATION, OR ENTITY TO THESE TERMS OF SERVICE; (III) ALL INFORMATION YOU PROVIDE ABOUT THAT BUSINESS, ORGANIZATION, OR ENTITY IS ACCURATE AND COMPLETE; (IV) YOU ARE NOT PROHIBITED IN ANY WAY FROM USING THE SERVICE UNDER ANY APPLICABLE LAWS; AND (V) YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING CONTRACT WITH US. IF YOU DO NOT MEET THESE REQUIREMENTS, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, THE REFUND POLICY, OR THE PRIVACY POLICY, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE OR ACCESS THE SERVICE.

WE MAY REVISE AND UPDATE THESE TERMS OF SERVICE FROM TIME TO TIME IN OUR SOLE DISCRETION. AS DESCRIBED IN SECTION 12, ALL CHANGES ARE EFFECTIVE WHEN WE POST THEM AND APPLY TO ALL SUBSEQUENT ACCESS TO AND USE OF THE SERVICE, BUT DO NOT APPLY RETROACTIVELY TO A SPONSORSHIP THAT HAS ALREADY BEEN APPROVED AND CHARGED.

IMPORTANT NOTICE REGARDING SUBMISSIONS: SUBMITTING A SPONSORSHIP IS A REQUEST, NOT A CONFIRMED ORDER. NOTHING AIRS AND NO CHARGE IS MADE UNTIL WE HAVE REVIEWED AND APPROVED YOUR ON-AIR MESSAGE. THE PARTNER STATION MAY ALSO REVIEW AND APPROVE YOUR ON AIR MESSAGE PRIOR TO AIRING. THIS PROCESS IS EXPLAINED BELOW IN SECTION 5 “REVIEW, APPROVAL, AND MONITORING” AND SECTION 6 “PURCHASES” BELOW. PLEASE CAREFULLY REVIEW THOSE SECTIONS.

1. ACCESSING THE SERVICE

Before you register on the Service, make sure you meet the requirements and understand your responsibilities. This section explains who can use the Service and what you must do and avoid while using it.

Who Uses Sponsor Public Media (Sponsors and Partner Stations)

The Sponsor Public Media platform involves two types of participants, and these Terms treat them differently:

Sponsors (“you,” the account holder). Accounts may be created and held only by an individual who is at least 18 years old, acting on behalf of the business, organization, or entity that will be identified in the on-air message, or acting as a sole proprietor. When you submit, schedule, or pay for a sponsorship, you do so as the contracting party and on behalf of that business, organization, or entity. You represent and warrant that: (i) you have full legal authority to enter into these Terms on behalf of that business, organization, or entity and to bind it; (ii) all information you give us about it, including its name, website, description, locations, dates, and links, is accurate and complete; and (iii) you have the right to authorize the broadcast of the on-air message you submit and to grant the licenses described in Section 4.

Partner Stations (independent third parties). The on-air messages you order are broadcast by public media organizations and their licensees (each, a “Partner Station”) that are independent third parties and are not employees, agents, or representatives of Sponsor Public Media. Sponsor Public Media operates a sponsorship ordering, review, and payment platform that connects sponsors with Partner Stations; it does not itself hold a broadcast license, control any Partner Station’s programming or schedule, or guarantee any Partner Station’s conduct, approval decisions, or results. We review and approve each message before it airs, and each Partner Station may also review and approve each message before it airs on that station. Each Partner Station retains editorial and licensee discretion over whether to accept a sponsorship and over the wording and placement of any message it broadcasts, and may decline a sponsorship or require changes to a message notwithstanding our approval. Partner Stations are subject to separate agreements governing their participation on the platform.

A. Eligibility Criteria

You can’t register or use the Service unless all of the following are true:

  • Age and Authority: You must be at least 18 years old, and you must have the authority to enter into this agreement on behalf of the business, organization, or entity you are sponsoring.
  • Legal Capacity: You must be legally able to enter a binding contract with Sponsor Public Media.
  • Accurate Information: The information you give us about the sponsoring organization, and about any event you are promoting, must be accurate and must not be misleading.
  • Location Restrictions: You must not be, and the sponsoring organization must not be located in, a country under U.S. Government embargo or designated as a “terrorist supporting” country.
  • Sanctions and Prohibitions: Neither you nor the sponsoring organization may be on any U.S. Government list of prohibited or sanctioned individuals or entities, or face similar legal restrictions.
  • Legal Compliance: You are not legally barred from using our Service, and the sponsoring organization must be permitted under applicable law and Federal Communications Commission (“FCC”) rules, to be identified as an underwriter on noncommercial educational broadcast stations.

If you stop meeting these requirements at any time, you must stop using the Service immediately, and we may remove your access without warning.

B. Access Credentials

We do not use passwords for sponsors. You sign in with a working email address, and we email you a one-time sign-in link instead. Keep access to that email account secure, because anyone with access to it can sign in as you. Your access is personal to you, and you agree not to provide any other person with access to the Service using your email address or a sign-in link sent to you. We will treat all actions taken through your account as if conducted by you, whether or not you had knowledge of the unauthorized use. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security.

C. Market Registration

Your sign-in is tied to the market in which you registered. If you want to sponsor in another market, you register again in that market and start fresh there. Information you provide in one market is not carried over to another.

D. Deactivation and Suspension

We have the right to disable any account, email address, or other identifier, 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 Service. Suspension or termination does not by itself entitle you to a refund of amounts already charged, except as provided in our Refund Policy or as required by applicable law.

E. Additional Users and Closing Your Account

Because the contracting party is the business, organization, or entity you represent, you may ask us to add or replace the authorized representative for that organization, and we may require confirmation of that person’s authority before doing so. You may ask us to close your account at any time using the contact details in Section 20. Closing an account does not cancel a sponsorship that has already been approved and charged, and does not affect our right or obligation to retain records as described in our Privacy Policy.

F. Territorial Restrictions

Sponsor Public Media is based in the United States, and the Service is offered only for sponsorships on Partner Stations located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

2. INTELLECTUAL PROPERTY RIGHTS

The Service and its entire 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 Sponsor Public Media, 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 or proprietary rights laws. We keep ownership of the platform itself.

Our name and trade name, the Sponsor Public Media and Sponsor Public Media logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Sponsor Public Media or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans displayed on the Service are the trademarks of their respective owners, including the call letters, names, and marks of Partner Stations.

You keep ownership of your trademarks, trade names, logos, and the material you supply. Nothing in these Terms transfers ownership of your marks or materials to us, and nothing in these Terms transfers ownership of the Service to you.

3. USE OF THE SERVICE

A. Usage Policy

These Terms of Service allow you to use the Service only as outlined herein. Our platform is intended for enabling sponsors to build, submit, and pay for on-air underwriting messages on Partner Stations.

Without limiting the foregoing, Sponsor Contributions (as defined in Section 4) must not:

  • contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that would give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy;
  • be likely to deceive any person, or be false or misleading;
  • promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • impersonate any person, or misrepresent your identity or your affiliation with or authority to act for any person or organization;
  • violate the FCC’s underwriting rules or a Partner Station’s underwriting guidelines, as described in Section 4.B; or
  • give the impression that they emanate from, or are endorsed by, Sponsor Public Media, any Partner Station, or any other person or entity, except to the extent the message identifies you as the sponsor.

You agree and acknowledge that failure to follow this Usage Policy could result in rejection of your sponsorship, suspension of your access, or legal action.

4. SPONSOR CONTRIBUTIONS AND ON-AIR MESSAGES

A. What You Submit

The Service allows you to submit information about your organization and, where applicable, your event , including organization name, website, description, what you want the sponsorship to accomplish, pronunciation guidance, event name, dates and times, location, and ticket link , together with the on-air message you select or request and any notes you send when you ask Staff to write the message for you (collectively, “Sponsor Contributions”).

B. Your Message Has to Follow Public Radio Underwriting Rules

This is the part that surprises first-time sponsors, so it is worth stating plainly. Public radio underwriting is not the same as commercial airtime. An underwriting message identifies and acknowledges a sponsor. It cannot make promotional claims, cannot compare you to competitors, cannot include prices, discounts, or other inducements to buy, and cannot include calls to action urging listeners to buy, visit, or act. These limits come from the Communications Act of 1934, as amended, and FCC rules governing noncommercial educational stations, and from each Partner Station’s own underwriting guidelines.

Partner Stations remain responsible, as FCC licensees, for what they broadcast. We review your message against FCC underwriting requirements and the applicable Partner Station’s guidelines before anything airs, and the Partner Station also may review it before it airs on that station. The platform helps you draft compliant wording, and Staff can write it for you if the suggestions do not fit. Either way, the final wording must be approved by us and by the Partner Station.

C. Software-Generated Copy Suggestions

The suggested messages in the builder are generated by software from the details you provide about your organization. Software-generated text can be wrong. You are responsible for reviewing the message you select and confirming that every statement in it about your organization is true, including names, dates, locations, and links. Choosing a suggestion means you are adopting it as your own copy, and the representations and warranties in Section 4.D apply to it in full. Sponsor Public Media makes no representation or warranty that any suggested wording is accurate, complete, or compliant with FCC rules or any Partner Station’s guidelines.

D. Representations and Warranties

You represent and warrant that: (i) all of your Sponsor Contributions do and will comply with these Terms of Service and applicable law; (ii) every factual statement in the on-air message you approve is true and not misleading; (iii) you own or control all rights in and to the Sponsor Contributions, including all trademarks, trade names, logos, and other materials you supply, and have the right to grant the license granted herein; (iv) the broadcast of your approved message will not infringe or violate the rights of any third party; and (v) neither you nor the sponsoring organization is a foreign governmental entity, and neither is acting on behalf of a foreign governmental entity, within the meaning of 47 C.F.R. § 73.1212(j), and you will promptly notify us if that ceases to be true. You understand and acknowledge that you are solely responsible for the Sponsor Contributions you submit, and you, not Sponsor Public Media and not any Partner Station, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

E. License and Broadcast Authorization

By submitting a sponsorship you give Sponsor Public Media and the applicable Partner Station permission to broadcast the approved message, and to make the wording changes needed to meet applicable FCC rules and the Partner Station’s underwriting requirements. Specifically, you grant us and our affiliates and service providers, and the applicable Partner Station, and each of their and our respective licensees, successors, and assigns, a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, edit, adapt, transmit, broadcast, and publicly perform the Sponsor Contributions and the approved message, and to use your organization’s name and marks within that message, for the purpose of scheduling, reviewing, producing, broadcasting, and documenting your sponsorship. This license continues for as long as needed to broadcast your sponsorship, and thereafter for as long as we or the Partner Station are required or permitted to retain records of it, including under the retention periods described in our Privacy Policy and under the Partner Station’s sponsorship-identification and public-file obligations. It is not a license to use your marks or materials for any other purpose.

F. Who Can See Your Sponsorship

You can see your own sponsorships and no one else’s. Sponsor Public Media staff and Partner Station personnel are referred to together in these Terms as “Staff.” Sponsor Public Media staff review and approve each sponsorship before it airs, and can see sponsorships across all markets in order to run the platform and support our Partner Stations. Partner Station personnel also may review and approve each sponsorship before it airs, and can see the sponsorships submitted in the market that station administers. That access is scoped to the market rather than to the individual stations you selected, so where a market covers several stations, personnel for that market can see your sponsorship even if it is not running on all of them. This is described further in our Privacy Policy.

5. REVIEW, APPROVAL, AND MONITORING

Submitting a sponsorship is a request, not a confirmed order. We review it and can approve it, send it back with notes for you to revise, or decline it. Nothing airs and no charge is made until we and the Partner Station have approved your message. The Partner Station also may review your message, and may decline it or require changes notwithstanding our approval. We and each Partner Station may decline a sponsorship at our respective discretion, including for reasons of underwriting compliance or fit with the station’s mission, and neither Sponsor Public Media nor any Partner Station is obligated to give a reason.

We have the right to:

  • remove, refuse, or edit any Sponsor Contribution for any or no reason in our sole discretion, or at the direction of a Partner Station;
  • take any action with respect to any Sponsor Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that it violates these Terms of Service, infringes any right of any person or entity, or could create liability for Sponsor Public Media or any Partner Station;
  • disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy;
  • take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Service; and
  • terminate, disable, or suspend your access to all or part of the Service for any or no reason at any time, including without limitation any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting material on or through the Service.

YOU WAIVE AND HOLD HARMLESS SPONSOR PUBLIC MEDIA, THE PARTNER STATIONS, AND THEIR RESPECTIVE AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Review by us or by a Partner Station is for underwriting and licensee compliance purposes only. It is not a review of the accuracy of any statement about your organization, it is not a representation that your message complies with any law, FCC rule, or station guideline, and it does not relieve you of your responsibility under Section 4 for the truth and compliance of your copy. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

6. PURCHASES

A. What You Are Ordering

You are ordering on-air underwriting messages: a set number of messages per week, for a set number of weeks, on the Partner Stations you select. Your messages are distributed evenly across morning, midday, and afternoon dayparts, which is why message counts are chosen in multiples of three.

We schedule within those dayparts. We do not sell or guarantee specific times, specific programs, or adjacency to any particular content. Start dates are chosen at least five business days out so there is time to process and approve the message before it airs.

B. Pricing

The price shown in the builder is calculated from each selected Partner Station’s rate and your schedule, with volume reflected automatically, and it is recalculated on our servers when you pay so that the amount authorized matches the amount quoted. Prices are exclusive of any applicable taxes, which will be added where required. We may change rates prospectively; a change does not affect a sponsorship already submitted and authorized. Prices remain subject to correction in the event of a pricing, typographical, or technical error, as described in Section 13.

C. Authorization and Charge

When you submit, we place a temporary authorization, commonly called a hold, on your card for the full amount of your sponsorship. A hold reserves the funds with your bank. It is not a charge, and it does not move money to us or to the Partner Station. You are charged only when your message has been approved by us and by the Partner Station, at which point the hold is captured and becomes a charge for the same amount. By submitting a sponsorship, you authorize Sponsor Public Media and its third-party payment processor to place that hold and to capture it upon that approval.

Card authorizations typically last about seven days. If your sponsorship has not been approved within that window, we release the authorization and the reserved funds return to your available balance; your submission is not lost, and we will contact you about starting the payment again. Exactly when a released hold disappears from your statement is up to your bank, not up to us.

D. Payment Processing

Payments are processed by a third-party payment processor (currently Stripe, Inc.). Your payment card details are entered on a payment page hosted by Stripe; we do not store full card numbers or security codes. Your use of the payment processor may be subject to its own terms and privacy policy, and you agree to those terms as a condition of making payments through the platform.

E. Platform Fee and Settlement to Stations

Funds settle to the Partner Station, and Sponsor Public Media retains an agreed platform fee out of the amount you pay. The platform fee is already reflected in the price you see in the builder and is not added at checkout.

F. Cancellations and Refunds

You can cancel a sponsorship yourself at any point before it has been approved and charged, including while it is a draft and after we or a Partner Station have sent it back to you for revisions. Cancelling releases any authorization we are holding. Once your sponsorship has been approved and the charge has gone through, the cancel option is no longer available to you in the platform, because at that point the sponsorship is scheduled to air; contact us instead and we will work it out with the Partner Station.

Full details of holds, cancellation, and refunds, including how preempted messages are handled and the time limits for raising a refund concern, are in our Refund Policy, which is incorporated into these Terms of Service by reference and forms part of these Terms. Where these Terms and the Refund Policy conflict on a refund question, the Refund Policy controls. Nothing in these Terms or the Refund Policy limits any non-waivable right you may have under the law of your state of residence or formation.

G. Chargebacks

On your card statement, charges from this platform show as MKT ENG* SPONSOR MEDIA. If you do not recognize a charge, or something about it does not look right, please contact us before disputing the charge with your bank; we can usually explain or resolve it quickly. If you initiate a chargeback or otherwise reverse a payment, Sponsor Public Media may suspend or terminate your access immediately in its sole discretion and may cancel any scheduled messages. Sponsor Public Media will retain funds properly charged for sponsorships that have been approved, subject to the Refund Policy and applicable law.

7. SCHEDULING, DELIVERY, AND PREEMPTION

Partner Stations control their own broadcast schedules. A scheduled message may be preempted or rescheduled, including for breaking news, emergency broadcasts, pledge programming, or other programming decisions made by the Partner Station. Where a message is preempted, we will work with the Partner Station to reschedule it or, if that is not possible, to credit or refund the portion of your payment attributable to it, as described in the Refund Policy.

Sponsor Public Media does not guarantee any particular audience, reach, listenership, response rate, or result from a sponsorship, and no statement made on the Service or by Staff should be understood as such a guarantee.

8. DATA SECURITY AND PRIVACY

Your privacy matters to us. Our collection, use, and disclosure of your personal information in connection with the Service are described in our Privacy Policy, available at sponsorpublicmedia.com/legal/privacy, which is incorporated into these Terms of Service by reference. By using the Service, you acknowledge that you have read the Privacy Policy.

Consent to Process Your Information. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy. You may review, correct, or request deletion of your information as described in the Privacy Policy.

Our Security Measures. We maintain reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the personal information we hold. Payment card information is handled by our third-party payment processor, we do not store full card numbers or security codes, and we require our service providers to maintain appropriate safeguards by contract.

Your Responsibilities. The security of your information also depends on you. Because we sign you in by emailing a one-time link, you are responsible for keeping access to your email account secure, and for all activity under your account. No method of transmission over the internet is completely secure, and while we work to protect your information, we cannot guarantee its absolute security.

Breach Notification. In the event of a breach affecting private information, we will provide notice to affected individuals and to applicable authorities as and when required by law.

9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sponsor Public Media, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, successors, and assigns, and each Partner Station on which your message is submitted or aired, from and against any and all claims, liabilities, damages, judgments, awards, fines, penalties, losses, costs, expenses, or fees (including, without limitation, reasonable attorneys’ fees, court costs, investigatory expenses, and any FCC forfeiture or penalty) arising out of or relating to:

  • Access to or Use of the Service: Any access to or use of the Service by you, including but not limited to any data or content transmitted, submitted, or received by you.
  • Sponsor Contributions and Broadcast Copy: Any Sponsor Contribution made by you and any message approved by you for broadcast, including without limitation any inaccuracy in it, any breach of intellectual property rights, privacy or publicity rights, or other proprietary rights of any third party, and any claim of false or deceptive advertising.
  • Breach of Terms: Any breach or alleged breach by you of these Terms of Service, the Refund Policy, or any documents they incorporate by reference.
  • Violation of Law or Rights: Any violation or alleged violation by you of any applicable law or regulation, including the Communications Act of 1934, as amended, and FCC rules, or of the rights of a third party in connection with your use of the Service.
  • Lack of Authority: Any claim that you did not have authority to bind the business, organization, or entity on whose behalf you submitted a sponsorship.
  • Third-Party Services: Any claims arising from your use of third-party services or products that are accessed or used in connection with the Service.

Sponsor Public Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Sponsor Public Media. You agree to cooperate with Sponsor Public Media’s defense of these claims. You agree not to settle any matter without the prior written consent of Sponsor Public Media. This indemnification obligation will survive the termination or expiration of these Terms of Service and your use of the Service.

10. RELIANCE ON INFORMATION

Rate information, availability, station descriptions, audience information, and suggested copy presented on or through the Service are made available solely for general information purposes and are derived in part from information supplied by Partner Stations and other third parties, which may be inaccurate, outdated, or incomplete. 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 SPONSOR, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

This Service may contain links to third-party products, services, and websites. We exercise no control over these products, services, and websites, and we are not responsible for their performance, and are not responsible or liable for any content, advertising, or other services or materials available on such websites, including their privacy policies and terms and conditions.

11. FEEDBACK

If you send or transmit any communications or materials to Sponsor Public Media by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation new features or functionality relating to the Service, or any comments, questions, suggestions, or the like (“Feedback”), Sponsor Public Media is free to use such Feedback without any other action, condition for payment or otherwise, or limitation between the parties governing such Feedback.

12. CHANGES TO THE SERVICE AND THESE TERMS OF SERVICE

THESE TERMS OF SERVICE MAY BE MODIFIED OR AMENDED BY SPONSOR PUBLIC MEDIA IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME. If any material modifications or changes are made, and you have registered to use the Service, Sponsor Public Media will use good faith efforts to notify you via email or otherwise provide notice through the Service. Changes will be effective immediately when posted, and will not apply retroactively to a sponsorship already approved and charged. Continued use of the Service is deemed your consent to and acceptance of these Terms of Service as revised. If you do not agree to any change, your sole remedy is to stop using and accessing the Service.

Sponsor Public Media may make modifications to the Service or specific components of the Service and will use good faith efforts to notify sponsors of any material modifications. Sponsor Public Media reserves the right to discontinue offering the Service in its sole discretion without any liability, and to add or remove Partner Stations and markets at any time.

We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any material on the Service may be out of date at any given time, and we are under no obligation to update such material.

13. DISCLAIMER OF WARRANTIES

In this Section 13 and in Section 14, “Sponsor Public Media Parties” means Sponsor Public Media, its subsidiaries and affiliates, and their respective licensors, service providers, employees, agents, officers, and directors, together with the Partner Stations and their respective licensees, employees, agents, officers, and directors. Each of the Sponsor Public Media Parties may rely on and enforce Sections 13 and 14 directly.

You understand that we cannot and do not guarantee or warrant that the Service will be free of viruses, bugs or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your specific requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY: (I) 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 SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE; OR (II) ANY SPONSOR CONTRIBUTION.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY INFORMATION OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY INFORMATION OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NONE OF THE SPONSOR PUBLIC MEDIA PARTIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NONE OF THE SPONSOR PUBLIC MEDIA PARTIES REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY SUGGESTED COPY WILL BE ACCURATE OR COMPLIANT, THAT ANY SPONSORSHIP WILL BE APPROVED BY US OR BY A PARTNER STATION, OR THAT ANY APPROVED MESSAGE WILL AIR AT ANY PARTICULAR TIME OR PRODUCE ANY PARTICULAR RESULT.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE SPONSOR PUBLIC MEDIA PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, COURSE OF DEALING, USAGE OF TRADE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED THEREIN.

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

14. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE SPONSOR PUBLIC MEDIA PARTIES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THE SPONSOR PUBLIC MEDIA PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE SPONSOR PUBLIC MEDIA PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO SPONSOR PUBLIC MEDIA FOR THE SPONSORSHIP GIVING RISE TO THE CLAIM, OR ONE THOUSAND UNITED STATES DOLLARS ($1,000) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SPONSOR PUBLIC MEDIA, AS APPLICABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The limitation of liability set out above does not apply to liability resulting from our gross negligence, fraud, or willful misconduct.

15. LIMITATION ON TIME TO FILE CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. GOVERNING LAW AND JURISDICTION

All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Arizona.

Except as otherwise required by Section 17 below, any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service will be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona applying Arizona law, in each case located in the City of Phoenix and County of Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. CLASS ACTION WAIVER; ARBITRATION; JURY TRIAL WAIVER

A. Class Action Waiver

YOU AND SPONSOR PUBLIC MEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

B. Arbitration Agreement

SPONSOR PUBLIC MEDIA AND YOU EACH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICE (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED SOLELY BY FINAL AND BINDING, INDIVIDUAL ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING ARIZONA LAW, LOCATED IN PHOENIX, ARIZONA. NOTWITHSTANDING THE FOREGOING, (I) WE BOTH MAY SEEK TO RESOLVE A DISPUTE IN SMALL CLAIMS COURT IF IT QUALIFIES; AND (II) WE EACH RETAIN THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO PREVENT (OR ENJOIN) THE INFRINGEMENT OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY RIGHTS.

THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT, WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, UNCONSCIONABILITY, ARBITRABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS ARBITRATION AGREEMENT IS VOID OR VOIDABLE. HOWEVER, THE PRECEDING SENTENCE WILL NOT APPLY TO THE “CLASS ACTION WAIVER” SECTION ABOVE.

C. Informal Resolution First

Before commencing an arbitration, the party raising a Dispute will send the other a written notice describing the Dispute and the relief sought, to Sponsor Public Media at the address in Section 19.E or to you at the email address associated with your account. The parties will attempt in good faith to resolve the Dispute for sixty (60) days after that notice is sent. An arbitration may not be commenced, and the limitations period in Section 15 is tolled, during that period.

D. Non-Severability of the Class Action Waiver

If the Class Action Waiver in Section 17.A is held to be unenforceable as to any claim or request for relief, that claim or request will be severed from the arbitration and brought in the courts identified in Section 16, and the remaining claims will proceed in arbitration. The Class Action Waiver is not severable from the Arbitration Agreement in any other respect, and if the Class Action Waiver is held unenforceable in its entirety, the Arbitration Agreement in Section 17.B is void.

E. Jury Trial Waiver

IN THE EVENT THAT ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREUNDER PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, BOTH PARTIES KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, OR COUNTERCLAIM. THIS WAIVER APPLIES TO ALL MATTERS, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND ENCOMPASSES ALL CLAIMS AND DISPUTES BETWEEN THE PARTIES.

18. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In the event materials are made available through the Service by third parties not within our control, Sponsor Public Media is under no obligation to, and does not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by it to infringe another party’s copyright to remain displayed or available on the Service. If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains the following:

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

ii. 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.

iii. 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 us to locate the material.

iv. Information reasonably sufficient to permit Sponsor Public Media 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.

v. 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.

vi. 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.

To notify us of an infringement please contact our Designated Agent at: Sponsor Public Media, Attn: DMCA Agent, 5227 N. 7th St. Suite 18012, Phoenix, AZ 85014, or email: sponsorships@sponsorpublicmedia.com with subject “DMCA Agent”.

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

19. GENERAL PROVISIONS

A. Waiver and Severability

No waiver by Sponsor Public Media of any term or condition set out in these Terms of Service will 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 Sponsor Public Media to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

B. Entire Agreement

These Terms of Service, our Refund Policy, and our Privacy Policy constitute the sole and entire agreement between you and Sponsor Public Media regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

C. Relationship of the Parties; Third-Party Beneficiaries

Nothing in these Terms of Service creates any partnership, joint venture, employment, or agency relationship between you and Sponsor Public Media, or between you and any Partner Station. Sponsor Public Media acts as a sponsorship sales agency representing the Partner Stations. The Partner Stations are intended third-party beneficiaries of Sections 4, 5, 9, 13, and 14, and, as members of the Sponsor Public Media Parties, may enforce those Sections directly. There are no other third-party beneficiaries of these Terms of Service.

D. Assignment

You may not assign or transfer these Terms of Service, or any of your rights or obligations under them, without our prior written consent, and any attempted assignment without that consent is void. Sponsor Public Media may assign these Terms of Service freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

E. Notice and Electronic Communications

You agree that Sponsor Public Media will provide notices and messages to you either within the Service or sent to the contact information that you provided. You are responsible for your account information being up to date with your most current email address. If you have provided an invalid email address, or such address is not capable of receiving Sponsor Public Media’s notices, our dispatch of such email will nonetheless constitute effective notice. You may give notice to Sponsor Public Media at:
Sponsor Public Media
5227 N. 7th St. Suite 18012
Phoenix, AZ 85014

Any communication between you and Sponsor Public Media under or in connection with the Service may be made by electronic mail or other electronic means. You consent to receive communications from Sponsor Public Media electronically, and agree that all terms, conditions, or otherwise, provided to you electronically satisfy any legal requirement that would be satisfied if they were in writing.

F. Force Majeure

In no event will we be liable or responsible to you or be deemed to have defaulted in any of our obligations under these Terms of Service for any failure or delay in fulfilling or performing any term of these Terms of Service, when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including any act or decision of a Partner Station, any regulatory action, or any emergency broadcast.

G. Survival

Sections 2, 4.D, 4.E, 6.E, 6.F, 6.G, 8, 9, 10, 11, 13, 14, 15, 16, 17, and 19 survive any termination or expiration of these Terms of Service.

20. YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support, and other communications relating to the Service should be directed to:
Sponsor Public Media
5227 N. 7th St. Suite 18012
Phoenix, AZ 85014
sponsorships@sponsorpublicmedia.com

You can also reach us through sponsorpublicmedia.com. Our Privacy Policy and Refund Policy cover the rest of the relationship.

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