Terms of Service and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you are deemed to have reviewed and accepted those changes. If at any time you choose not to accept these terms and conditions of use, please do not use this site. We reserve the right to terminate or suspend your access to all or part of this site, without notice, for any use of this site that does not comply with these terms and conditions, as amended from time to time.
SCOPE OF TERMS AND CONDITIONS
These terms and conditions apply to your use of this site (“NewView Marketing Site”). These terms and conditions do not apply to your use of unaffiliated sites to which the NewView Marketing Site only provides links.
RESTRICTIONS ON USE OF MATERIALS
The contents of this site are protected by national and international copyright and trademark laws, and are the property of NewView Marketing and any other owners. Unless we say otherwise, you may access the materials located within the NewView Marketing Site solely for your personal use.
You may not modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the NewView Marketing Site. You may not publish, display, or commercially exploit any material from us or other owners of intellectual property displayed on the site unless you request and receive prior written permission from us or other owners of the intellectual property. To request our permission, you may write to Web Site Content Administrator, NewView Marketing, at P.O. Box 3523, Manhattan Beach, CA 90266. If we or any other owners of the intellectual property grant permission, you may not change or delete any author credit, trademark, legend, or copyright notice.
You must follow and observe all additional copyright notices or other restrictions contained on the NewView Marketing Site.
We are not responsible for the availability of any other site to which the NewView Marketing Site links. We do not endorse or take responsibility for the content, advertising, products, or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.
TIMELINESS, UPDATES, AND CORRECTIONS
We do not have any duty to update or correct releases, presentations or other materials on this site. While we have attempted, in good faith, to ensure the information presented here is accurate, there may be technical and factual inaccuracies or errors in the information presented. In particular, you should be aware that information on this site may be out of date.
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS”. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED, TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER NEWVIEW MARKETING NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE NEW VIEW MARKETING SITE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS FREE, FREE FROM HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
NEITHER NEW VIEW MARKETING NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, AND YOU ASSUME THE ENTIRE RISK OF SUCH USE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Under no circumstances will NewView Marketing or any of its respective licensors or suppliers be liable for any damages (including, without limitation, any direct, indirect, special or consequential damages), losses, or causes of action (whether contract, tort or otherwise), that result or arise from the use of, or the inability to use, the NewView Marketing site, or any content, materials, or information provided or stored thereon, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, neither NewView Marketing, its affiliates nor their respective licensors or suppliers shall be liable for any damages arising out of or relating to (i) any use or inability to use any part of this site, including, without limitation, any errors, interruptions, delays in operation or transmission or any failure of performance in this site (including, without limitation, any deletion, misdelivery, or failure to store communications by you); (ii) information or other content received through or from this site, including, without limitation, computer viruses or other malicious code; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) interruption, suspension, or termination of your access to this site, regardless of whether the same was justified, negligent or intentional, inadvertent or advertent. You are responsible for any errors that you may make when using or submitting information through this site. If you are dissatisfied with any portion of this site, your sole and exclusive remedy is to discontinue using the site.
You agree to defend, indemnify and hold harmless NewView Marketing, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys’ fees, that arise from your use of the site, your posting, downloading or transmission of communications or material on this site or from your violation of applicable law.
NO PERSONAL ADVICE
The information contained in or made available through the NewView Marketing Site (including, but not limited to, information contained on message boards, in-text files, or in chats) cannot replace or substitute for the services of trained professionals. Neither NewView Marketing nor any of its respective licensors or suppliers make representations or warranties concerning the information offered or provided within or through the NewView Marketing Site.
These terms will be governed by and construed in accordance with the laws of California, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the Federal courts or the State courts in Los Angeles County, California. You hereby consent and submit to the exclusive personal jurisdiction of such courts, and consent, submit to and agree that venue for such claims or litigation is proper in said courts and county. You hereby expressly waive any and all rights under applicable law or in equity to object to the jurisdiction and venue in said courts and county.
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that NewView Marketing will be greatly and irreparably damaged, and the damage will be difficult to quantify. Therefore, NewView Marketing may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether NewView Marketing will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding NewView Marketing’s rights to relief either in law or at equity.
If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and NewView Marketing relating to the subject matter it contains. No failure or delay on the part of NewView Marketing to exercise any right or remedy under these terms and conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or of any other right or remedy. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed firstname.lastname@example.org