TERMS & CONDITIONS / TERMS OF SERVICE

THE BEAR (101.7 The Bear Mt. Juliet)
Powered by Broadway Media and Broadway Review Boost
Effective Date: January 8, 2026
Last Updated: January 8, 2026

1) Agreement to These Terms (Everyone—Listeners + Sponsors + Users)

These Terms & Conditions (“Terms”) form a binding agreement between you and The Bear Mt. Juliet, including our affiliated brands and services Broadway Media and Broadway Review Boost (“Company,” “we,” “us,” “our”).

By accessing, streaming, browsing, purchasing, subscribing, registering, submitting forms, interacting with our SMS/email programs, or otherwise using any part of our Services, you agree to these Terms. If you do not agree, do not use the Services.

If you use the Services on behalf of a business or other entity, you represent you have authority to bind that entity, and “you” includes that entity.

2) Company Information

Business Address: 2209 Crestmoor Rd., Nashville, TN 37215 (with satellite locations in Mt. Juliet, TN)
Contact Email: [email protected]

3) Definitions

“Services” means all websites, pages, players, streams, audio programming, newsletters, SMS/email programs, sponsor portals, forms, landing pages, coupons, promotions, software tools, automation tools, dashboards, social media services, review request services, and any related features or content we provide.

“Listener Services” means streaming and consuming content for personal, non-commercial use.

“Business Services” means sponsorships, advertising, on-air/digital campaigns, smart social solutions, review request automations, creative production, and any tools/services offered to business customers.

“Content” means all audio, music, voiceovers, shows, playlists, station imaging, text, graphics, logos, photographs, videos, code, software, layouts, and materials made available through the Services.

“Sponsor/Advertiser Materials” means any scripts, claims, offers, logos, coupons, landing pages, promotions, and any other materials you provide or approve for use in campaigns.

4) Eligibility; Accounts; Accuracy

You must be at least 18 (or the age of majority where you live) to create an account or purchase services.

If you create an account or submit information, you agree to provide accurate, current, and complete information and keep it updated. You are responsible for safeguarding login credentials and for all activity under your account.

We may refuse registration, reclaim usernames, suspend accounts, or restrict access at any time, in our sole discretion.

5) Changes to Services and Terms

We may modify, replace, suspend, discontinue, or remove any portion of the Services at any time, with or without notice.

We may also update these Terms. The “Last Updated” date above reflects the current version. Continued use after changes means you accept the updated Terms.

6) Geographic Availability; Compliance With Laws

The Services are controlled from Tennessee, USA. We make no representation that the Services are appropriate or available in all locations. If you access the Services from outside Tennessee or the United States, you do so on your own initiative and are responsible for compliance with local laws and regulations.

7) Limited License (Listeners & General Users)

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial use. We may revoke this license at any time.

8) Intellectual Property; Ownership; Strict Use Restrictions

All Content, the Services, and all intellectual property rights are owned by us or our licensors and are protected by U.S. and international laws.

Except as expressly permitted in writing by us, you may not:

copy, reproduce, distribute, sell, lease, publicly perform, re-broadcast, retransmit, stream-rip, publish, scrape, mirror, create derivative works from, reverse engineer, or otherwise exploit any part of the Services or Content;

remove proprietary notices;

use our trademarks, logos, station identifiers, slogans, or trade dress without written permission;

use Content to train, fine-tune, or power any AI/ML model, dataset, voice clone, or synthetic media output without written consent.

Special rule: No redistribution of paid ad placements

Any paid advertising/sponsorship pricing you pay us is for placement within our Services (including our online stream, site, newsletter placements, and related inventory as defined in your order). You do not acquire ownership of our inventory, audience, distribution, or placements. You may not resell, redistribute, or republish our placements or packages as your own.

9) User Submissions; Testimonials; Community Content

If you submit, upload, post, message, review, comment, provide testimonials, photos, recordings, suggestions, entries, or other materials (“Submissions”), you grant us a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, distribute, display, and otherwise exploit those Submissions for any lawful purpose, including marketing and promotion, without payment to you.

You represent and warrant that:

you own or control all necessary rights to your Submissions;

your Submissions are not confidential;

your Submissions do not violate law or third-party rights.

We may remove Submissions or restrict access at any time.

10) Prohibited Conduct

You agree you will not:

violate any law, regulation, or third-party rights;

interfere with streams, servers, networks, or security features;

attempt unauthorized access, probing, or circumvention of access controls;

scrape, harvest, or use automated tools to access or extract data;

upload malware or harmful code;

impersonate others or misrepresent affiliation;

use the Services to send unlawful or unsolicited marketing;

engage in activity that harms our reputation, operations, deliverability, or listener experience.

11) Third-Party Services and Links

The Services may rely on or integrate third parties (streaming providers, hosting, analytics, payment processors, SMS/email providers, social platforms, app stores, etc.). Third-party services are not under our control, may change or fail, and are used at your own risk and subject to third-party terms.

We are not responsible for third-party websites, content, tools, outages, policies, or acts/omissions.

PAID SERVICES: BILLING, AUTO-RENEWAL, AND NO-REFUND POLICY

12) Purchases; Authorization; Recurring Billing

By purchasing any paid Service, you authorize us (and our payment processors) to charge your selected payment method for all amounts due, including recurring charges for subscriptions, until canceled (if cancellation is offered for your plan).

You agree to provide accurate billing information and keep it current.

13) No Refunds; No Prorations; Final Sale

ALL SALES ARE FINAL to the maximum extent permitted by law.

No refunds and no prorations will be provided for:

subscriptions;

sponsorships and advertising;

creative/production fees;

setup, onboarding, or platform fees;

software access;

digital goods;

unused time, unused placements, unused impressions, unused messages, or early cancellation.

If you initiate a chargeback or payment dispute, we may suspend or terminate access immediately and pursue collection and related costs.

14) Taxes; Failed Payments; Collections

You are responsible for any applicable taxes. If payment fails, we may retry charges, suspend Services, and require updated payment information. You agree to reimburse our reasonable collection costs (including attorneys’ fees where permitted).

ADVERTISING, SPONSORSHIP, SMART SOCIAL, AND REVIEW AUTOMATION TERMS

15) Order Terms Control for Each Purchase

Advertising/sponsorship/services may be governed by these Terms plus additional purchase terms such as an insertion order, proposal, plan description, checkout terms, or statement of work (“Order Terms”). If there is a conflict, the Order Terms control only for that specific purchase.

16) Company Control: Programming, Inventory, Scheduling, Acceptance

You acknowledge we retain sole discretion over:

programming and station formatting;

ad load, break structure, placements, rotations, scheduling, frequency, pacing;

acceptance, rejection, editing, pausing, or removal of any sponsor or creative;

labeling/positioning of sponsor messages and integrations.

We may refuse, require edits to, or remove any advertisement for any reason, including legal compliance, brand protection, listener experience, or operational needs.

17) Produced Creative (If We Create Your Ads/Assets)

If we produce scripts, voiceovers, produced spots, banners, or other creative (“Produced Creative”):

unless your Order Terms expressly state otherwise, Produced Creative remains our property;

you receive a limited license to use Produced Creative only within our Services during the paid campaign term;

you may not use Produced Creative outside our Services (including other stations, platforms, or ads) without our written permission and any applicable additional fee;

timelines are estimates; approvals (if offered) must be timely or start dates may be delayed without liability.

18) Sponsor/Advertiser Materials: Your Responsibility and Warranties

You are solely responsible for Sponsor/Advertiser Materials and all claims, offers, pricing, disclosures, and fulfillment. You represent and warrant that:

you own or have rights to all materials provided (including trademarks, photos, music, voices, and likenesses);

all advertising is truthful, not misleading, and compliant with applicable laws;

you can substantiate objective claims upon request;

your offers and promotions will be honored as stated.

19) Smart Social Solutions

If you purchase social media services, you understand:

we do not guarantee follower growth, reach, engagement, leads, or sales;

platform results can vary and depend on third parties (Meta, Google, etc.) and your industry/offer;

you remain responsible for your compliance and for approvals of your brand claims and promotions;

we may require access to your accounts and you must maintain valid credentials and permissions.

20) Automated Review Requests and Messaging Tools

If your package includes automated review requests and/or SMS/email automations:

you authorize us (and/or our vendors) to send messages on your behalf using the settings you choose (or defaults if you do not customize);

you are solely responsible for the legality of your contact lists, consent, opt-in/opt-out compliance, and message content as used for your business.

Consent and compliance are your responsibility

You represent and warrant that you have all legally required consents and permissions (including under TCPA, CAN-SPAM, and applicable privacy laws) for any contacts you upload or provide, and that you will maintain records of such consent.

We may suspend messaging or terminate access if we believe your activity creates legal risk, deliverability harm, spam complaints, or policy violations.

21) No Guarantees; No Performance Promises

Results vary. We do not guarantee impressions, revenue, leads, calls, store visits, conversions, rankings, ratings, reviews, or any particular outcome unless a written guarantee is expressly included in your Order Terms and signed/accepted by us.

22) Adjustments; Outages; “Makegoods”

We may adjust schedules due to technical issues, programming changes, outages, force majeure, legal compliance, or operational needs.

If we determine (in our sole discretion) that a makegood is appropriate, makegoods (if any) will be your exclusive remedy and will be limited to additional comparable placements inside our Services—not refunds.

DISCLAIMERS, LIABILITY LIMITS, INDEMNITY, AND DISPUTES

23) Disclaimers (AS-IS / AS-AVAILABLE)

To the maximum extent permitted by law, the Services and Content are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, or error-free operation.

We do not warrant uninterrupted streaming, continuous availability, or that defects will be corrected.

24) Limitation of Liability (Company-Protective)

To the maximum extent permitted by law, in no event will the Company or its affiliates, owners, officers, directors, employees, contractors, licensors, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, reputation harm, or cost of substitute services arising out of or relating to the Services, Content, advertising/sponsorship, social media services, review automations, or these Terms, even if advised of the possibility.

To the maximum extent permitted by law, our total aggregate liability for any claim will not exceed the greater of:

$100, or

the amount you paid us for the applicable paid Service in the three (3) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations; in those jurisdictions, liability is limited to the maximum extent permitted by law.

25) Indemnification (Broad Protection for Company)

You agree to defend, indemnify, and hold harmless the Company and its affiliates, owners, officers, directors, employees, contractors, licensors, and service providers from and against any and all claims, demands, actions, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

your use of the Services;

your breach of these Terms;

your Sponsor/Advertiser Materials and any claims/offers/promotions/fulfillment;

your Submissions;

your violation of law (including advertising laws, privacy laws, TCPA, CAN-SPAM);

any allegation your content infringes or misappropriates third-party rights;

any contact data you upload or provide without proper consent.

We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.

26) Suspension; Termination

We may suspend or terminate your access immediately, with or without notice, if we believe you:

violated these Terms;

failed to pay;

initiated disputes/chargebacks;

created legal, operational, deliverability, or reputational risk;

engaged in prohibited conduct.

Provisions that by their nature should survive will survive, including IP ownership, payment obligations, no-refund terms, disclaimers, limitation of liability, indemnity, and dispute provisions.

27) Injunctive Relief

You agree that unauthorized use of our Content, trademarks, software, systems, or confidential operations may cause irreparable harm. We may seek injunctive or equitable relief (without posting bond to the fullest extent permitted by law) in addition to other remedies.

28) Governing Law; Venue; Arbitration; Class & Jury Waivers

Governing Law: These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law rules.

Arbitration: Any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be resolved by confidential, binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will take place in Davidson County, Tennessee, unless we elect otherwise as permitted by law.

Class Action Waiver: You and the Company agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Jury Trial Waiver: To the maximum extent permitted by law, you waive any right to a jury trial.

Small Claims / Equitable Relief: Either party may pursue an individual claim in small claims court if eligible. We may seek injunctive or equitable relief in court to protect our IP or confidential information.

Time Limit: To the maximum extent permitted by law, any claim must be filed within one (1) year after the claim arises, or it is permanently barred.

29) Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control, including outages, ISP failures, platform failures, strikes, weather, power failures, governmental actions, or similar events.

30) Electronic Communications; E-Sign; Records

By using the Services or communicating with us electronically, you consent to receive communications electronically and agree that electronic agreements, notices, and records satisfy any legal writing requirements.

31) Privacy

Your use of the Services is also subject to our Privacy Policy (posted on our site(s) as applicable). By using the Services, you consent to data processing and transfers as described in the Privacy Policy.

32) Copyright / DMCA

We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a written notice to: [email protected] with:

your signature (physical or electronic);

identification of the copyrighted work;

identification/location of the allegedly infringing material;

your contact info;

a good-faith belief statement; and

a statement under penalty of perjury that the notice is accurate and you are authorized to act.

We may remove content and terminate repeat infringers.

33) Miscellaneous

Entire Agreement: These Terms, along with any Order Terms and incorporated policies, are the entire agreement regarding the Services.

Severability: If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder stays in effect.

No Waiver: Our failure to enforce a provision is not a waiver.

Assignment: We may assign these Terms freely (including in a merger, acquisition, reorganization, or sale). You may not assign without our written consent.

No Partnership: Nothing creates a partnership, joint venture, employment, franchise, or agency relationship.

34) Contact Us

For questions or complaints regarding the Services, contact: [email protected]