Terms of Use – Fultz Media Group

TERMS OF USE AND MASTER SERVICES AGREEMENT

Website: https://fultzmediagroup.com
Contractual Jurisdiction: Fort Wayne, Allen County, Indiana, United States
Effective Date: October 19, 2026
Last Updated: October 19, 2026

IMPORTANT LEGAL NOTICE

PLEASE READ THIS TERMS OF USE AND MASTER SERVICES AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE ACCESSING, USING, PURCHASING, RESELLING, OR OTHERWISE INTERACTING WITH ANY WEBSITE, RADIO STATION, DIGITAL PLATFORM, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OPERATED, OWNED, LICENSED, OR PROVIDED BY FULTZ MEDIA GROUP.

THIS AGREEMENT CONTAINS PROVISIONS GOVERNING INTELLECTUAL PROPERTY OWNERSHIP, DERIVATIVE WORKS, PAYMENT OBLIGATIONS, SERVICE TERMINATION, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION, AND DISPUTE RESOLUTION.

CERTAIN PROVISIONS LIMIT LEGAL RIGHTS AND REMEDIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

ARTICLE I — PARTIES, ACCEPTANCE, AND CONTRACTUAL AUTHORITY

1.1 Contracting Parties

This Agreement is entered into between Fultz Media Group, operating through its applicable legal entity or authorized business owner (“Company,” “FMG,” “we,” “our,” or “us”), and each individual, business, organization, subscriber, reseller, listener, visitor, or other person accessing or purchasing Company Services (“User,” “Customer,” “Client,” or “you”).

1.2 Acceptance

By affirmatively accepting this Agreement during registration, checkout, subscription, service activation, or execution of an applicable service order, you agree to be legally bound by its provisions.

Visitors accessing publicly available portions of the Website are subject to applicable website-use conditions, intellectual property restrictions, and legal notices, to the extent enforceable without affirmative contractual acceptance.

Where express consent is required by law, passive browsing alone shall not constitute acceptance of provisions requiring such consent.

1.3 Authority

Any person entering into this Agreement on behalf of a corporation, limited liability company, partnership, governmental body, or other organization represents and warrants that such person possesses the legal authority to bind that organization.

1.4 Eligibility

Purchases and contractual service subscriptions must be made by persons at least eighteen (18) years of age or otherwise legally authorized to enter binding contracts.

1.5 Electronic Agreements

The parties consent to electronic contracting, electronic records, electronic signatures, and electronic notices to the extent authorized under the Indiana Uniform Electronic Transactions Act and applicable federal law.

ARTICLE II — DEFINITIONS AND SCOPE OF SERVICES

2.1 Covered Services

“Services” include, without limitation:

Internet radio stations, audio streams, broadcasting services, digital programming, station websites, and associated media.
Shared website hosting, managed hosting, server hosting, domain-related services, and related infrastructure.
Reseller hosting, hosting account management, customer provisioning, and associated administrative systems.
Website design, website development, programming, software integration, website maintenance, graphic design, and digital consulting.
Proprietary software, applications, content management systems, automation, APIs, databases, templates, and related technologies.
Any additional service offered under the Fultz Media Group name or an affiliated brand.

2.2 Service Orders

Individual purchases may be governed by separate written proposals, Statements of Work (“SOW”), invoices, service descriptions, licensing agreements, or order confirmations.

Where a separately executed agreement expressly supersedes a provision of this Agreement, the more specific agreement shall govern that subject matter.

2.3 No Guaranteed Availability

Unless a separately executed Service Level Agreement expressly provides otherwise, FMG makes no contractual guarantee of uninterrupted operation, continuous availability, specific performance, listener counts, traffic volumes, or commercial results.

2.4 Third-Party Dependencies

Services may depend upon third-party networks, software, registrars, licensing providers, hosting facilities, payment processors, telecommunications carriers, or infrastructure providers.

FMG shall not be responsible for failures beyond its reasonable control, subject to applicable law and any expressly agreed service commitments.

ARTICLE III — INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

3.1 Exclusive Ownership

Except for Customer Materials, third-party intellectual property, open-source components, and rights expressly transferred in a signed written agreement, FMG retains all right, title, and interest in its independently owned or developed intellectual property.

Such property includes:

Source code, software architecture, programming libraries, scripts, and proprietary applications.
Website templates, design systems, layouts, styling frameworks, and reusable components.
Databases, database structures, proprietary schemas, APIs, and integrations.
Radio station names, logos, branding, station imaging, jingles, promotional materials, and original recordings.
Original graphics, photography, audiovisual productions, documentation, and written content.
Proprietary automation systems, operational processes, trade secrets, and confidential technical information.

Ownership extends only to rights FMG lawfully possesses and does not include third-party rights merely because such material appears in an FMG product.

3.2 Derivative Works and Improvements

To the fullest extent permitted by applicable law, FMG retains ownership of derivative works, enhancements, modifications, adaptations, revisions, improvements, upgrades, extensions, and subsequent versions derived from intellectual property owned by FMG.

No Customer shall acquire ownership of FMG’s preexisting intellectual property merely by financing, requesting, testing, suggesting, or purchasing services involving such property.

Where a Customer commissions a derivative work incorporating FMG-owned materials, ownership and licensing rights shall be determined by the applicable signed project agreement.

3.3 No Implied Transfer

Payment for website development, graphic design, programming, hosting, or other Services does not, by itself, constitute an assignment of copyright, trademark rights, source code ownership, or other proprietary rights.

Any transfer of copyright ownership must be expressly documented in a written instrument signed by the rights holder or its authorized representative.

3.4 Customer License

Unless otherwise provided in a signed agreement, upon full payment of all applicable charges, FMG grants the Customer a nonexclusive, nontransferable license to use the specifically identified completed deliverables for the Customer’s authorized business purposes.

This license does not authorize resale, sublicensing, commercial redistribution, or exploitation of FMG’s proprietary development framework or reusable components.

A license may be perpetual for completed, fully paid deliverables where expressly stated in the applicable SOW. Subscription-based and third-party licenses remain subject to their respective terms.

3.5 Reserved Development Rights

FMG expressly reserves the right to independently develop, reuse, license, distribute, modify, commercialize, and improve its general-purpose tools, programming techniques, reusable components, development frameworks, and independently owned intellectual property.

FMG shall not disclose or reuse a Customer’s confidential information or Customer-owned intellectual property in violation of applicable contractual obligations.

3.6 Restrictions

Except as permitted by law or an express license, Users shall not:

Reproduce or redistribute FMG proprietary code or protected assets.
Remove proprietary notices, copyright notices, or licensing identifiers.
Sell, sublicense, or commercially exploit restricted FMG software.
Circumvent technical licensing mechanisms or access controls.
Misappropriate trade secrets or confidential source code.
Create unauthorized copies or derivative works of protected FMG materials.

Nothing in this Agreement prohibits conduct that applicable law expressly protects or renders nonwaivable.

3.7 Third-Party and Open-Source Materials

Third-party software, fonts, images, plugins, themes, and open-source components remain subject to their respective licenses.

No provision of this Agreement shall supersede mandatory rights granted under an applicable open-source license.

ARTICLE IV — WEBSITE DESIGN AND DEVELOPMENT

4.1 Project Scope

Each development project shall be governed by the deliverables, milestones, pricing, revisions, and completion criteria stated in its applicable proposal or SOW.

Work outside the agreed scope may require additional charges and written authorization.

4.2 Client Responsibilities

Clients shall timely provide required content, branding materials, credentials, approvals, technical specifications, and other necessary information.

Delays caused by missing information or approvals may extend project deadlines.

4.3 Ownership of Client Materials

Clients retain ownership of materials they lawfully own and provide to FMG.

Clients grant FMG a limited license to reproduce, modify, store, and process such materials as reasonably necessary to perform the contracted Services.

Clients represent that they possess the rights necessary to authorize such use.

4.4 Deliverable Ownership

Unless expressly modified by a signed SOW:

(a) Customer-owned content remains Customer property.

(b) FMG preexisting technology and reusable components remain FMG property.

(d) Newly commissioned custom work remains subject to the ownership and licensing provisions expressly stated in the project agreement.

(e) No exclusive ownership or source-code transfer is implied from payment alone.

4.5 Source Code and Development Assets

Unless expressly included in a signed SOW, delivery of a completed website does not obligate FMG to deliver internal repositories, reusable frameworks, development tools, build pipelines, deployment credentials, proprietary libraries, or unrelated source materials.

Any source-code delivery obligation shall be specifically identified in writing.

4.6 Revisions and Acceptance

Clients shall review submitted deliverables within the review period identified in the SOW.

Where the SOW establishes an acceptance procedure, FMG may request written confirmation of completion.

Silence shall not constitute acceptance unless the parties have expressly agreed to such a procedure and applicable law permits it.

4.7 Project Cancellation

Upon cancellation, the Client remains responsible for authorized work performed, noncancelable third-party costs, and any lawful cancellation charges expressly disclosed in the applicable SOW.

FMG may withhold delivery of unpaid work to the extent permitted by applicable law, but shall not claim ownership of Customer Materials solely because payment is disputed.

4.8 Portfolio Rights

FMG may identify completed projects in its professional portfolio only to the extent authorized by the applicable project agreement and confidentiality obligations.

ARTICLE V — WEBSITE HOSTING SERVICES

5.1 Hosting Access

FMG provides hosting resources subject to the purchased plan’s specifications, technical restrictions, and applicable acceptable-use requirements.

5.2 Resource Usage

Hosting accounts may be subject to reasonable limitations on storage, bandwidth, CPU utilization, memory, processes, email traffic, database resources, and concurrent connections.

Any limits materially affecting a purchased plan shall be disclosed in the applicable service description.

5.3 Prohibited Activities

Customers shall not knowingly use hosting Services to:

Distribute malware, ransomware, or malicious software.
Conduct unauthorized network intrusions or denial-of-service attacks.
Operate phishing websites or fraudulent impersonation schemes.
Distribute unlawful content.
Send unsolicited bulk commercial communications in violation of applicable law.
Infringe third-party intellectual property rights.
Facilitate unlawful exploitation or abuse.
Circumvent security controls or materially interfere with other customers.

5.4 Security

Customers are responsible for maintaining secure passwords, updating Customer-managed software, protecting credentials, and securing their own applications.

FMG shall implement security measures appropriate to its contractual obligations but does not guarantee that systems are immune from every vulnerability, intrusion, or attack.

5.5 Backups

Unless expressly included in the purchased service plan, backups are not guaranteed.

Customers remain responsible for maintaining independent copies of important data.

FMG shall not intentionally destroy Customer data except as authorized by contract, applicable law, valid retention policies, or lawful service termination procedures.

5.6 Suspension

FMG may temporarily suspend Services when reasonably necessary to address material security threats, unlawful activity, nonpayment, or substantial violations of this Agreement.

When reasonably practicable, FMG shall provide advance notice and an opportunity to cure.

Emergency suspension may occur without advance notice where immediate action is reasonably necessary to protect infrastructure, customers, or third parties.

5.7 Data Retrieval and Termination

Following termination, FMG may delete hosted data after the applicable retention period disclosed in the service plan or termination notice, subject to legal preservation obligations.

Customers are responsible for requesting and exporting available data before the applicable deadline.

ARTICLE VI — RESELLER HOSTING

6.1 Independent Reseller Status

Resellers operate as independent businesses and are not employees, agents, partners, or legal representatives of FMG.

6.2 Reseller Obligations

Resellers are responsible for:

Their own customer contracts and legally required disclosures.
Accurate representations concerning hosting capabilities.
Billing, customer communications, and first-line support unless otherwise agreed.
Their customers’ compliance with applicable acceptable-use requirements.
Obtaining necessary customer authorizations and consents.

6.3 No Authority to Bind FMG

Resellers shall not make warranties, guarantees, or contractual commitments on behalf of FMG without express written authorization.

6.4 Downstream Customer Conduct

Resellers shall take commercially reasonable measures to address violations committed by customers under their administrative control.

FMG may intervene directly where necessary to address material security threats or unlawful activity.

6.5 Reseller Branding

Resellers retain their independently owned branding and customer relationships.

FMG retains ownership of its hosting infrastructure, proprietary software, administration tools, and independently owned technical systems.

6.6 Reseller Termination

Upon termination, Resellers remain responsible for notifying their customers and coordinating authorized data migration.

FMG may offer commercially reasonable transition assistance subject to payment, technical feasibility, and applicable law.

ARTICLE VII — RADIO BROADCASTING AND DIGITAL AUDIO SERVICES

7.1 Programming Rights

FMG and its applicable affiliates or licensors retain their respective rights in original station programming, branding, station imaging, promotional materials, and other proprietary broadcasting assets.

7.2 Music and Third-Party Content

Musical compositions, sound recordings, syndicated programming, advertisements, and third-party materials remain the property of their respective rights holders.

Nothing in this Agreement conveys ownership of third-party music or recordings.

7.3 Authorized Listening

Listeners may access authorized public radio streams for personal listening and other uses permitted by applicable law and licensing arrangements.

7.4 Unauthorized Rebroadcasting

Except as authorized by applicable law or written permission, Users shall not capture, retransmit, commercially redistribute, rebroadcast, or republish protected station programming.

7.5 Programming Changes

FMG may modify station formats, schedules, personalities, programming, station branding, technical delivery methods, and streaming availability at its discretion, subject to applicable contractual and legal obligations.

7.6 Streaming Availability

FMG does not guarantee continuous streaming availability or uninterrupted access.

Outages may result from maintenance, technical failures, network conditions, licensing restrictions, or third-party infrastructure.

7.7 Listener Submissions

Listeners submitting messages, audio, photographs, testimonials, or other materials represent that they possess the necessary rights and permissions.

Unless a separate submission release provides otherwise, the listener grants FMG a nonexclusive, worldwide, royalty-free license to reproduce, edit, transmit, broadcast, publicly perform, and distribute submitted materials in connection with FMG’s stations and related promotional activities.

Such license does not transfer ownership of the listener’s original content.

7.8 Contests and Promotions

Radio contests, sweepstakes, giveaways, and promotions shall be governed by separately published official rules, eligibility requirements, and applicable laws.

ARTICLE VIII — FEES, BILLING, AND PAYMENT

8.1 Fees

Customers agree to pay the prices, taxes, setup fees, renewal charges, and other amounts disclosed at the time of purchase or in an applicable service order.

8.2 Recurring Billing

Recurring subscriptions renew according to the billing period and renewal terms affirmatively disclosed and accepted during checkout.

FMG shall obtain legally required consent for recurring charges.

8.3 Payment Authorization

By providing a payment method and affirmatively authorizing recurring billing, the Customer authorizes FMG or its designated payment processor to collect charges consistent with the accepted subscription terms.

8.4 Failed Payments

FMG may provide notice of failed payments and a reasonable opportunity to cure before suspending or terminating nonemergency Services.

8.5 Refunds

Refund eligibility shall be determined by the applicable refund policy, service description, and mandatory consumer protection laws.

No provision shall eliminate legally required refunds or remedies.

8.6 Chargebacks

Customers are encouraged to contact FMG regarding billing disputes.

FMG may contest unauthorized or inaccurate chargebacks using available transaction records, but shall not penalize Customers for exercising lawful payment-dispute rights.

8.7 Cancellation

Customers may cancel recurring Services using the cancellation methods disclosed at purchase or subsequently provided through the customer account or support process.

Cancellation procedures shall comply with applicable law and shall not impose unlawful barriers.

8.8 Price Changes

Changes to recurring service prices shall be communicated with any notice and consent required by applicable law or the governing service order.

ARTICLE IX — CONFIDENTIALITY AND TRADE SECRETS

9.1 Confidential Information

Confidential Information includes nonpublic business, financial, operational, technical, and commercial information that is identified as confidential or reasonably should be understood to be confidential.

9.2 Protection Obligations

Each receiving party shall use reasonable care to safeguard the other party’s Confidential Information and shall use it only for authorized contractual purposes.

9.3 Exclusions

Confidential Information does not include information that:

(a) becomes publicly available without breach;

(b) was lawfully known before disclosure;

(d) is lawfully received from an authorized third party.

9.4 Required Disclosures

A party may disclose Confidential Information when legally required, subject to lawful notice and protective measures where reasonably available.

9.5 Survival

Confidentiality obligations shall survive termination for three (3) years, except that qualifying trade secrets shall remain protected for as long as they retain trade-secret status under applicable law.

ARTICLE X — WARRANTIES AND DISCLAIMERS

10.1 Express Commitments

FMG shall perform contracted professional services in a commercially reasonable manner consistent with the applicable SOW.

10.2 Disclaimer

EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN A SIGNED AGREEMENT OR WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FMG DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 No Guaranteed Results

FMG does not guarantee search-engine rankings, advertising revenue, business growth, website traffic, sales conversions, radio audience size, or other commercial outcomes unless expressly guaranteed in a signed agreement.

10.4 No Absolute Security Guarantee

No internet-connected system can be guaranteed completely secure or free from interruption.

This provision does not excuse FMG from applicable statutory duties, expressly assumed security obligations, or liability that cannot lawfully be excluded.

ARTICLE XI — LIMITATION OF LIABILITY

11.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICES, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION, EXCEPT WHERE SUCH EXCLUSION IS PROHIBITED BY LAW OR EXPRESSLY EXCLUDED FROM THIS LIMITATION.

11.2 Aggregate Liability

EXCEPT FOR EXCLUDED CLAIMS, FMG’S TOTAL AGGREGATE CONTRACTUAL LIABILITY ARISING FROM A PARTICULAR SERVICE SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY THE CLAIMANT FOR THAT SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

FOR A ONE-TIME PROJECT, THE APPLICABLE CAP SHALL BE THE TOTAL AMOUNT PAID FOR THE AFFECTED PROJECT.

11.3 Excluded Claims

The foregoing limitations shall not apply to liability that cannot lawfully be limited, including liability for intentional misconduct, fraud, or other nonwaivable statutory obligations.

A separately signed agreement may establish additional exceptions, including for confidentiality breaches, intellectual property infringement, or data security obligations.

11.4 Essential Allocation of Risk

The parties acknowledge that the pricing of Services reflects the allocation of risks established in this Agreement.

ARTICLE XII — INDEMNIFICATION

12.1 Customer Indemnification

To the extent permitted by law, the Customer shall defend, indemnify, and hold harmless FMG and its officers, employees, and authorized representatives from third-party claims, damages, judgments, and reasonable legal expenses arising directly from:

(a) Customer-provided unlawful content;

(b) infringement caused by Customer Materials;

(d) unauthorized activities performed through Customer-controlled systems; or

(e) the Customer’s material breach of this Agreement.

12.2 Limitations

Indemnification shall not extend to losses caused by FMG’s own negligence, misconduct, breach, or other conduct for which shifting liability is prohibited by law.

12.3 Defense Procedures

The indemnified party shall provide reasonably prompt notice of a covered claim and reasonable cooperation.

The indemnifying party may control the defense using qualified counsel, provided that no settlement imposing nonmonetary obligations or admissions on the indemnified party may be entered without its written consent.

ARTICLE XIII — COPYRIGHT ENFORCEMENT AND INFRINGEMENT REPORTING

13.1 Copyright Protection

FMG reserves all remedies available under applicable copyright, trademark, trade-secret, and unfair-competition laws.

13.2 Infringement Notices

Where FMG seeks statutory safe-harbor protections for user-hosted content, it shall maintain appropriate notice-and-takedown procedures and designate a copyright agent as required by applicable law.

13.3 Repeat Infringers

FMG may terminate accounts of repeat infringers in appropriate circumstances consistent with applicable law.

13.4 Preservation of Rights

Failure to enforce a particular infringement or contractual violation shall not constitute a general waiver of FMG’s rights.

ARTICLE XIV — DATA PROTECTION AND PRIVACY

14.1 Privacy Policy

Personal information shall be collected, used, stored, and disclosed in accordance with FMG’s separately published Privacy Policy and applicable law.

14.2 Customer Data

Customers retain their lawful rights in data and content uploaded to hosted accounts.

FMG may process such data as necessary to provide Services, comply with legal obligations, prevent abuse, and carry out other purposes authorized by the applicable agreements and law.

14.3 Security Incidents

FMG shall comply with applicable legal obligations concerning security incidents, breach notification, and protection of personal information.

14.4 Third-Party Processing

FMG may engage third-party service providers subject to applicable confidentiality, security, contractual, and legal requirements.

ARTICLE XV — SUSPENSION AND TERMINATION

15.1 Termination for Cause

Either party may terminate an applicable service agreement for a material breach that remains uncured after the notice and cure period stated in the applicable service order.

Where no period is specified, a reasonable written cure period shall be provided unless immediate action is justified by serious security risks or unlawful activity.

15.2 Termination for Convenience

Customers may terminate Services in accordance with the applicable subscription, cancellation, and service-order terms.

15.3 Consequences of Termination

Termination ends the Customer’s rights to use terminated subscription Services and any licenses expressly conditioned on continued subscription.

Termination shall not automatically revoke perpetual licenses previously granted for fully paid deliverables unless the governing license lawfully provides otherwise.

15.4 Survival

Provisions concerning intellectual property, accrued payment obligations, confidentiality, indemnification, limitations of liability, dispute resolution, and other provisions intended by their nature to survive shall remain effective following termination.

ARTICLE XVI — GOVERNING LAW AND DISPUTE RESOLUTION

16.1 Governing Law

Except where mandatory law requires otherwise, this Agreement shall be governed by the laws of the State of Indiana, without regard to conflict-of-laws principles.

16.2 Informal Dispute Resolution

Before initiating formal proceedings, either party may submit written notice describing the dispute and requested resolution.

The parties shall attempt in good faith to resolve the matter within thirty (30) days after receipt of notice.

This requirement shall not prevent either party from seeking urgent injunctive relief, preserving a claim before a limitations deadline, or exercising rights that cannot lawfully be restricted.

16.3 Venue

Subject to applicable jurisdictional requirements, mandatory consumer protection laws, and any separately agreed enforceable arbitration provision, the parties consent to the exclusive jurisdiction of the state courts located in Allen County, Indiana, or the United States District Court for the Northern District of Indiana, Fort Wayne Division, for disputes arising from this Agreement.

16.4 Equitable Relief

Where authorized by applicable law, either party may seek temporary, preliminary, or permanent injunctive relief to prevent actual or threatened misuse of protected intellectual property, confidential information, or trade secrets.

16.5 Attorneys’ Fees

A prevailing party may recover reasonable attorneys’ fees and litigation expenses only where authorized by applicable law or an enforceable separately executed contractual provision.

ARTICLE XVII — FORCE MAJEURE

Neither party shall be liable for failure or delay in performing nonmonetary obligations to the extent directly caused by circumstances beyond its reasonable control, including natural disasters, widespread infrastructure failures, governmental actions, labor disruptions, or significant network outages.

The affected party shall use commercially reasonable efforts to mitigate the impact and resume performance.

Force majeure shall not automatically excuse obligations that accrued before the event.

ARTICLE XVIII — MODIFICATIONS TO THIS AGREEMENT

FMG may revise this Agreement to reflect changes in Services, legal requirements, security practices, or business operations.

Material changes affecting existing Customers shall be communicated with notice appropriate to the nature of the change and applicable law.

Where affirmative acceptance is legally required, revised terms shall not become binding solely through continued passive use.

Changes shall not retroactively eliminate accrued contractual rights without lawful agreement.

ARTICLE XIX — GENERAL PROVISIONS

19.1 Severability

If a provision is determined unenforceable, the remaining provisions shall remain effective to the extent permitted by law.

19.2 No Waiver

Failure to enforce a provision shall not constitute a waiver of future enforcement.

19.3 Assignment

Customers may not assign contractual obligations without FMG’s prior written consent, which shall not be unreasonably withheld.

FMG may assign this Agreement in connection with a legitimate merger, acquisition, restructuring, or transfer of the relevant business, subject to applicable law and contractual obligations.

19.4 Independent Contractors

The parties are independent contractors. No employment, joint venture, agency, or partnership relationship is created.

19.5 Entire Agreement

This Agreement, together with applicable service orders, incorporated policies, and signed amendments, constitutes the entire agreement concerning the Services addressed therein.

19.6 Interpretation

Headings are provided for convenience and do not alter the substantive meaning of contractual provisions.

19.7 Nonwaivable Rights

Nothing in this Agreement shall waive consumer rights, intellectual property exceptions, statutory protections, or remedies that applicable law prohibits the parties from waiving.

ARTICLE XX — CONTACT INFORMATION AND LEGAL NOTICES

Fultz Media Group
Fort Wayne, Indiana, United States
Website: https://fultzmediagroup.com

Official contact information and methods for submitting contractual notices shall be published on the Website.

Formal notices shall be delivered using the notice method designated in the applicable service order or subsequently communicated in writing.

COPYRIGHT AND RIGHTS RESERVATION

All original works, software, programming, station imaging, website designs, proprietary source code, graphics, branding, audiovisual content, and other protectable materials owned by Fultz Media Group are protected under applicable United States intellectual property laws.

All rights not expressly granted are reserved.

No license, assignment, ownership transfer, or authorization shall be implied except as provided by applicable law or an express written agreement.