The TruthExpress Radio Terms of Use and Copyright Notice

(Last Date of Modification: Jun 20, 2022)

 

The TRUTHEXPRESS RADIO (Formerly Erskine Overnight) Terms of Use (“Terms”) apply when you browse, listen or subscribe to (download) an RSS feed from our website (“podcast”). In these Terms, “TRUTHEXPRESS RADIO,” “TRUTHEXPRESSRADIO.com”, “we,” “us,” and “our” “this website” mean TRUTHEXPRESS RADIO.com, ErskineRadio.com, and each of its current and future affiliates, subsidiaries, and its parent company, Priority Radio Network LLC; and “you,” “your,” “yours,” and “yourself” mean a user of our website. Acceptance of these Terms is a condition to using this website. By browsing, listening, or subscribing to an RSS feed and using a podcast, you agree to be bound by these Terms and laws and regulations that apply to such use.

In addition to these Terms of Use, the General Terms of Use, the Privacy Policy, and the Online Privacy Policy also apply to your use of podcasts/archives, to the extent applicable.

GOVERNING LAW:

These Terms will be interpreted according to the laws of the State of Arizona.

OWNERSHIP:

The materials posted and published on this website, TRUTHEXPRESSRADIO.com; including but not limited to broadcasts, podcasts, forums, news, podcasts, and archives, distributed by TRUTHEXPRESS RADIO and its affiliates are owned by or licensed to TRUTHEXPRESS RADIO, Priority Radio Network LLC, and Erskine Radio LLC. Rights to certain images, ads, and article materials remain the property of their respective owners.

Notwithstanding any other provision of this Agreement, the Priority Radio Network LLC and ERSKINE RADIO LLC organizations and their licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of TRUTHEXPRESSRADIO.com at any time without notice. In no event will the TRUTHEXPRESS RADIO organization be liable for making these changes. The Erskine Radio, LLC organization may also impose limits on the use of or access to certain features or portions of TRUTHEXPRESSRADIO.com, in any case and without notice or liability.

GENERAL:

Although every reasonable effort has been made to ensure that the information in the broadcasts and on the website; including but not limited to broadcasts, forums, news, ads, podcasts, archives, podcast platforms, guest bios, and distribution channels was accurate at the time of production, we accept no responsibility for any errors, omissions or misleading statements in any broadcast or general information on the website, or those you may be able to access through a link on this site.

We exclude to the fullest extent permitted by law all representations or warranties with respect to the content of the website; including but not limited to broadcasts, forums, news, podcasts, and archives, distribution channels, podcast platforms whether express or implied including but not limited to any warranty or representation that the server from which the information and downloads are available is free of viruses or bugs.

We exclude all liability to any third party anywhere in the world for any injury, damage, direct or indirect loss, consequential or economic loss, or any other loss, injury suffered as a result of the use of or reliance upon the information contained in the website; including but not limited to broadcasts, forums, news, podcast platforms, podcasts, archives, or distribution channels to the maximum extent permitted by law.

With the varied guests we have from all walks of life including but not limited to civilian, military, political, medical, religious, or others, we are offering the opinions of the guests and in no way are we offering medical, financial, legal or other advice for your use. The information given is for entertainment purposes only and not to be used for personal use or meant to be considered expert advice in these areas.

Stations and networks often change their programming and scheduling and we have no control, and sometimes, no knowledge  of those changes, Always check with your local stations for current TruthExpress Radio shows. To ensure you never miss a show, subscribe and listen on your favorite podcast app.

OBJECTIONABLE MATERIAL:

You understand that by using, browsing, or listening to any content on TRUTHEXPRESSRADIO.com, you may encounter material that you may deem to be offensive, indecent, misleading, non-factual or objectionable, and that such content may or may not be identified as having explicit or incorrect material. Nevertheless, you agree to use TRUTHEXPRESSRADIO.com or ErskineOvernight.com at your sole risk and the TRUTHEXPRESSRADIO organization shall have no liability to you for material that may be found to be offensive, indecent, incorrect, misleading or objectionable.

PRIVACY POLICY:

This privacy notice discloses the privacy practices for TRUTH EXPRESS RADIO. This privacy notice applies solely to information collected by Erskine Radio, LLC on the TRUTHEXPRESS RADIO website. It may notify you of the following:

• What personally identifiable information is collected from you through the web site, how it is used, and with whom it may be shared.
• What choices are available to you regarding the use of your data.
• The security procedures in place to protect the misuse of your information.
• How you can correct any inaccuracies in the information.
• At this time we collect no personal information other than that you choose to give in order to receive our newsletter.

 

Information Collection, Use, and Sharing

Erskine Communications, LLC is the sole owner of this site, its content as noted and the information collected on this site.

We collect no information on users who browse our website. We only have access to/collect information that you voluntarily give us via email or another direct contact from you. We will not sell, loan or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.

Unless you ask us not to, we may contact you via email and/or telephone in the future should you contact us first or sign up for our newletter.

Your Access to and Control Over Information

You may opt-out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number if given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

 

Security

We take precautions to protect your information. When you submit sensitive information to us via the website, we attempt to ensure your information is protected both online and offline as possible by reasonable and existing security measures.

If and wherever we collect sensitive information we protect your information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a restricted, physical environment and we employ SSL technology on our site.

If you have questions about any of our privacy policies please contact us by using our Contact Us page.

 

COPYRIGHT:

All of the materials on this site, including but not limited to broadcasts, forums, news, podcasts, and archives, are the copyright or other intellectual property of the TRUTHEXPRESS RADIO and/or its licensors unless otherwise indicated, and all rights are reserved.

INTELLECTUAL PROPERTY:

You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use material posted and published to this website from TRUTH EXPRESS RADIO in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any material posted to, or published on this site, from TRUTH EXPRESS RADIO except for your own personal, non-commercial use without written permission from us.

None of the materials, including podcasts and archives, produced by TRUTH EXPRESS RADIO may be used for any other purpose and/or for any commercial purposes without prior written consent from TRUTH EXPRESS RADIO, for which you may be required to pay a license fee. To find out about commercial use, please contact us.

OUR INTELLECTUAL PROPERTY RIGHTS:

All content in our podcasts/archives are the exclusive property of TRUTH EXPRESS RADIO and/or its licensors and are protected by copyrights or other intellectual property rights. The trademarks, logos, and TRUTH EXPRESS RADIO marks displayed on or in connection with our podcasts/archives or related materials (collectively the “Trademarks”) are the trademarks of TRUTH EXPRESS RADIO or third parties. You are prohibited from using, copying, altering, modifying, or changing the Trademarks. Nothing in our podcasts/archives, on our podcast/archives webpages, in these Terms grants you directly or indirectly any license or right to use any Trademark without the express prior written permission of TRUTH EXPRESS RADIO or of the applicable third party with rights to that Trademark.

INTERNATIONAL USE:

TRUTH EXPRESS RADIO does not make any representation that use of our podcasts/archives is appropriate or available for use in every and any specific location inside or outside of the United States. You are prohibited from accessing the website from countries or territories where its content or use is illegal. If you access our website from locations outside the United States, you do so at your own risk and are responsible for compliance with local laws.

LINKS TO OTHER WEBSITES:

Our website may contain links to websites controlled or offered by third parties (non-affiliates of TRUTH EXPRESS RADIO ). We disclaim liability for any third-party website content, products, privacy policies, or security. If you choose to use the products or services available at a linked site, you agree to read and adhere to the policies and terms of use that apply to that site. In addition, any advice, opinions, or recommendations that the linked site provides are those of the linked site and not of TRUTHEXPRESS RADIO. Your participation in any linked site, including payment for and delivery of goods or services, is based solely on the agreement, if any, between you and the linked site. TRUTH EXPRESS RADIO is not responsible for the use of personal information that is collected by sites linked to or from our website.

CHANGE OF TERMS:

We have the right to modify these Terms at any time in any manner we choose. Any modifications will be effective when we post them online unless we state otherwise. The date on which these Terms were last updated is shown at the top of these Terms. You are responsible to review from time to time these Terms, including the TRUTH EXPRESS RADIO Privacy Policy, for any changes. Each time you access or use our website, you agree to any modified Terms posted at that time.

TERMINATION OR MODIFICATION:

At our sole discretion, TRUTH EXPRESS RADIO may terminate these Terms and your use of our website; including but not limited to information from or about broadcasts, forums, news, podcast platforms, podcasts, archives, and distribution channels at any time without notice. All applicable provisions of these Terms will survive termination.

INDEMNIFICATION:

Whether as a visitor to this site, an advertiser, a listener or distributor of our programming, you agree to indemnify, defend, and hold harmless TRUTHEXPRESSRADIO.com, its affiliates, and their respective officers, directors, employees, consultants, agents, third-party service providers, and licensors from any and all third-party claims, liability, damages, and/or costs (including without limitation, reasonable attorney’s fees) arising from (a) a third-party claim, action, or allegation of infringement, misuse, or misappropriation arising from your use of our podcasts; (b) your fraud, manipulation, or another breach of these Terms; (c) any third-party claim, action, or allegation brought against MoJo50 Radio Network arising from or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any products or services offered or provided directly or indirectly through our website; including but not limited to broadcasts, forums, news, ads, podcasts, archives, podcast platforms, and distribution channels; or (d) your violation of any law or any rights of a third party. TRUTH EXPRESS RADIO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will at your expense cooperate with TRUTH EXPRESS RADIO in asserting any available defenses.

PODCAST/ARCHIVES TERMS OF USE:

Thank you for your interest in the TRUTH EXPRESS RADIO podcasts/archives. We look forward to providing you with a wide selection of informative and entertaining audio content to listen to on your PC, tablet, laptop, smartphone, MP3 player or other listening device.

Each podcast/archive is for your personal use only. Written permission from us is required for any other use.

You must not use podcasts/archives for a business or commercial purpose, to generate income or revenue for yourself or another, or to direct visitors from our website to any other website or from any other website to our website.

All podcasts’/archives’ content is provided without any warranty whatsoever. Your reliance on podcasts’/archives’ content is entirely at your own risk.

Your unauthorized use of any of our podcasts/archives, your violation of these Terms of Use, or your use of our podcasts/archives in any illegal or unlawful way is strictly prohibited and, in addition to our rights and remedies, may subject you to immediate suspension or termination of your eligibility to use any of our podcasts/archives.

No Warranty; No Liability We provide each podcast/archive “as is,” “as available,” with no warranty of any kind. You will use any and all podcasts/archives at your own risk. As described below, TRUTH EXPRESS RADIO assumes no responsibility for your activity resulting from, or in connection with any of our podcasts.

We make no representation or warranty, express or implied, relating to our podcasts/archives or any related content, products, services, advertisements, software, websites, or other materials (including without limitation, their performance, availability, contents, functions, or efficiency), including without limitation, express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights and title, and any implied warranties arising in the course of dealing or course of performance.

The TRUTH EXPRESS RADIO, its affiliates, and any of their respective officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers will not be liable for any consequential (including without limitation, loss of data, files, profit, revenue, or goodwill or the costs of procurement of substitute products or services), indirect, incidental, special or punitive damages arising from or relating to your use of our podcasts/archives.

Subject to our Privacy Policy (see above), we may retain and use, for any lawful purpose and at any time, any content you provide through your use of podcasts, including information about you, your use and navigation of podcast webpages, and your thoughts, preferences, and feedback. Content you provide will not be returned to you, and you will not seek or be entitled to fees, reimbursement, or compensation of any kind from us or anyone else in connection with our content.