Last Updated: March 31, 2022

Welcome to the KERN-AM/FM website (the “Site”), owned by AGM CALIFORNIA, INC. (“Company”, “we” or “us”). By accessing or using this Site in any manner, including by automated means, you agree to be bound by these Terms and Conditions of Use (“Terms of Use”), which take effect immediately upon your first visit to the Site. You also agree to be bound by our Privacy Policy, incorporated here by this reference, and any additional terms or conditions that are referenced here or that may otherwise apply to specific sections of the Site or to products and services we make available to you through the Site. Please read these Terms of Use carefully before accessing and using the Site.

If you do not agree and accept these Terms of Use, without limitation or qualification, you may not use the Site and must exit immediately.

We may change these Terms of Use, or add new terms and conditions to your use of the Site, at any time. We will post revised Terms of Use or any new terms and conditions on the Site. The “Last Updated” date, above, reflects the date of the most recent changes to these Terms of Use. By continuing to use the Site after we update these Terms of Use or post any new terms and conditions to your use of the Site, you accept the updated Terms of Use and other terms and conditions posted on the Site.

We reserve the right to deny access to the Site and any or all of its features to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of other to use or enjoy the Site or infringes the rights of others.

THESE TERMS OF USE CONTAIN AN AGREEMENT TO MANDATORY AND BINDING ARBITRATION, WHICH MEANS YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SITE TO BINDING ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE THE SITE IN ANY WAY IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY.

Privacy: The privacy of your personally identifiable information (“Personal Information”) is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

Authorized Use of Site: The Site is provided for your personal and non-commercial use. Any other use of the Site requires the prior written consent of Company. Registration is not required in order to use the Site.

Use of the Site is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with your attempted, alleged, or actual use of the Site.

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Unauthorized Use of Site: We prohibit conduct or use of the Site that may be harmful to the Company or to other users. When you use the Site, you may NOT:

• Intentionally or unintentionally violate any law, regulation, or these Terms of Use;
• Misrepresent or try to deceive us as to your identity or the identity of anyone else,
• Violate, infringe, or misappropriate another’s intellectual property, privacy, publicity, or other legal rights;
• Distribute, retransmit, republish, reuse, repost, or use any of the design features, logos, trade names, trademarks, or other content of the Site for public or commercial purposes with the prior written consent of Company;
• Use the Site to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• Use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site;
• Use any automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use or disrupt the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site or circumventing security or user authentication measures;
• Alter or interfere with the functioning of the Site in any way;
• Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of the Site, the Company’s or any other user’s computers or related systems;
• Attempt to circumvent any technological measure implemented by Company or any of its partners or other third parties to protect the Site;
• Frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page; or
• Resell use of, or access to, the Site to any third party.

Proprietary Rights: We or our licensors are the exclusive owners of all text, graphics, logos, trademarks, images, audio, video, and software (“Content”) on the Site, as well as all copyrights and other intellectual property or proprietary rights contained on or used in connection with the Site.

You agree not to copy, distribute, modify, make derivative works of, or use any Content without the prior written consent of the owner of such materials. Even if you receive consent in writing to any use, you may not use our Content, including but not limited to any trademarks, in any manner that is likely to cause confusion among our customers or other third parties, or in any manner that disparages us or discredits us.

If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made, and we may end your authorization to use the Site. Nothing in these Terms of Use or the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark, or other intellectual property rights to you and we expressly reserved all such rights.

No Unsolicited Ideas: We do not accept any unsolicited ideas from outside the Company including without limitation suggestions about new products or changes to existing products, advertising or promotions, merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, though the Site or otherwise, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

Third Party Links: The Site may contain links to other websites not maintained by us. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites or services. The existence of a link between the Site and any other website is not and shall not be understood to be an endorsement by us of the owner or proprietor of the linked internet website, nor an endorsement of us by the owner or proprietor of such linked website.

No Warranties: THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE.

FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states:

“a general release does not extend to claims THAT the creditor OR RELEASING PARTY does not know or suspect to exist in his or her favor at the time of executing the release AND THAT, If known by him or her, WOULD have materially affected his or her settlement with the debtor OR RELEASED PARTY.”

Limitation of Liability: EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF COMPANY OR ITS AFFILIATES TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

If you are dissatisfied with any portion of Site, or with any part of the Terms & Conditions or your transactions with us, your sole and exclusive remedy is to discontinue using Site and stop initiating transactions with us. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms & Conditions must be filed by you within one year after such claim or cause of action arose or be forever barred.

Indemnification: You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, settlements, fines, judgments, penalties, interest, and expenses (including but not limited to attorney’s fees) arising out of or in connection with: (i) your use of the Site and your activities in connection with the Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the Site; (iv) information or material transmitted through your device used to access the Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; and (v) any misrepresentation made by you (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Company in the defense of any Claim and Losses. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Company.

Governing Law; Dispute Resolution; Arbitration: The laws of the State of California shall govern these Terms of Use. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms of Use, your use of the Site, or the purchase of any products or services (“Claims”) are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply California law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association 800-778-7879 (toll-free) Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Use, in which case these Terms of Use will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed.

Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted below, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial.

As a limited exception to this agreement to arbitrate, you and Company agree that you may take claims to small claims court if your claims qualify for a hearing by such court. Any legal dispute not subject to arbitration hereunder will be heard in the state or federal courts of Kern County, California, and you and Company agree to submit to the personal jurisdiction of those courts.

In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.

Class Action And Jury Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Availability of Site and Services: Company makes no guarantees whatsoever as to the availability of the Site or the services provided through the Site. The Site may be unavailable for various reasons including, without limitation, scheduled maintenance and unplanned outages or malfunctions. Company is not responsible for any loss incurred by you if the Site is unavailable, including without limitation any loss of data, information, or accounts.

Severability: If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Changes: All information posted on the Site is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

Entire Agreement: These Terms of Use constitute the entire agreement between you and the Company with respect to your use of the Site and the services provided through the Site. They supersede all other communications, agreements, proposals, or understandings between you and Company, whether written or oral.

Conflicting Terms: In the event you are asked to accept multiple terms and conditions or terms of use, this Terms of Use shall govern if there is a conflict.

Questions: Should you have any questions regarding these Terms of Use you may contact us at [email protected].