|
Terms of Use - User Agreement
This Website is provided by Newbold, Inc., and its affiliates and
subsidiaries (collectively, "Newbold" and "we"). Your use of this
Website is subject to these Terms and Conditions of Website Use (the
"User Agreement"). Please read this User Agreement and the other
information referred or linked to in this User Agreement carefully and
be sure you understand it, since it is a legally binding agreement that
contains important information about our Website and your permitted use
of it. From time to time we may unilaterally modify this User Agreement,
so it is important that you review this User Agreement every time you
use this Website.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO
BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF
YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN PLEASE
DO NOT USE THIS WEBSITE
USE OF THIS WEBSITE
Newbold grants you a limited, non-exclusive, revocable license for you
to use this Website for your personal entertainment, information,
education, and communication, upon all of the terms of this User
Agreement. This Website contains materials and other items relating to
Newbold and its products and services, and similar items from our
business partners, licensors, and licensees, and other third parties
(collectively, the "Content"). The Content may be in the form of
information, text, data, images, graphics, button icons, registered and
unregistered trademarks, illustrations, photographs, audio clips, music,
sounds, pictures, videos, software, or other forms and formats now known
or later invented. In using this Website, you must respect the
intellectual property rights of Newbold and others, all as outlined
below. Your unauthorized use of Content may violate copyright,
trademark, privacy, publicity, communications, and other laws, and any
such use may result in your personal liability, including potential
criminal liability.
COPYRIGHTS
All Content is copyrighted, and it is either owned or used with
permission by Newbold. Newbold disclaims any representation or warranty
that your unauthorized use of Content will not infringe upon rights of
third parties not owned by or affiliated with Newbold. Except as set
forth in this User Agreement or in the text of this Website, you may not
reproduce, distribute, publish, transmit, modify, adapt, translate,
display, distribute, sell, license, publicly perform, prepare derivative
works based upon, or otherwise use or exploit the Content. You may
download one copy of portions of the Content in temporary storage on one
personal computer for your personal, non-commercial, non-political,
non-networked viewing and use only, provided you do not delete or change
any copyright, trademark, or other proprietary notices. The foregoing
limited right does not give you any ownership of any Content. Except as
expressly provided above, nothing contained in this User Agreement may
be construed as conferring to you (by implication, estoppel, or
otherwise) any license or right to any Content under any copyright or
any other intellectual property right.
TRADEMARKS
The trademarks, logos, and service marks displayed on this Website are
owned by Newbold and third parties, and this Website’s trade dress is
owned by Newbold (collectively, the "Trademarks", which also constitute
Content). Nothing contained on this Website may be construed as
granting, by implication, estoppel, or otherwise, any right or license
to use any Trademark.
COMMUNICATION WITH NEWBOLD
Newbold likes to hear from you. However, in your communications with
Newbold, please keep in mind that, unless it specifically requests them,
Newbold does not accept or consider any ideas or suggestions relating to
products, services, marketing plans, or any other matters. Therefore,
please do not send to Newbold any unsolicited materials, such as ideas
for targets, target-related products or other products, or any other
suggestions, ideas, notes, drawings, inventions, techniques, models,
designs, concepts, or other similar information or materials.
Any such submissions and any questions, comments, answers,
suggestions, or the like submitted by you to Newbold via this Website or
by fax, mail, or otherwise, or transmitted, posted, or uploaded by you
to this Website or to Newbold (collectively, "Your Submissions") will be
treated as non-confidential and nonproprietary, and Newbold will not
assume any responsibility, obligation, or liability for them or for
Newbold’s receipt or non-receipt of them. Newbold’s receipt of Your
Submissions is not an admission by Newbold of their novelty, priority,
or originality, and it does not impair Newbold’s right to contest
existing or future intellectual property rights relating to Your
Submissions.
You grant Newbold a non-exclusive, royalty-free, perpetual,
irrevocable, and permit-to-sublicense right and license to reproduce,
distribute, publish, transmit, modify, adapt, translate, display,
distribute, sell, license, publicly perform, prepare derivative works
based upon, and otherwise use or exploit Your Submissions throughout the
world in any and all media. You represent and warrant that: (a) you have
the right and authorization to make the foregoing grant without the
consent of any third party, and (b) Your Submissions are accurate and,
as permitted to be used by Newbold in this User Agreement, do not and
will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us
electronically and you consent to receive communications from us
electronically. Furthermore, you agree that all agreements, notices,
disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be
in writing.
ONLINE PURCHASES
This Newbold Website may offer online capabilities to purchase Newbold
products (such as targets). You must be 18 years of age or older to make
any such purchases. Check our online store for more information on
delivery, returns, and other sales policies. As to products and services
featured on this Website, please note that we make every effort to
display as accurately as possible the products and services that appear
on this Website. However, the colors, dimensions, and details that you
see on your computer monitor will vary depending on your equipment, so
we cannot guarantee that your equipment will accurately display the
details of our products and services. As to services featured on this
Website, the terms of those service offerings may be specified in a
separate agreement that will be provided to you in connection with the
service purchased and will be supplemented by this User Agreement.
A. No Purchases by Minors
By ordering a product or service online from Newbold, you represent that
you are 18 years of age or older. If a child under the age of 18 orders
a product or service from Newbold without parental or guardian
permission, then the parent or guardian may return the product or
service for a refund according to the posted returns and exchanges
policy that relate to that order.
B. Taxes
You are responsible for paying all sales, use, and other similar taxes
relating to any of your online purchases of products or services from
Newbold.
C. Shipping and Processing; Insurance
You are also responsible for paying all shipping and processing charges
relating to your online purchases (including any product offered with a
service), and for insuring your purchases.
D. Returns and Warranties
Please review the information available in our website regarding our
return policies and warranty information.
USE RESTRICTIONS
You agree that you will not: (a) use this Website for any commercial or
political purpose (including, without limitation, for purposes of
advertising, soliciting funds, collecting product prices, or selling
products); (b) monitor, gather, or copy Content on this Website by using
any robot, "bot", spider, crawler, spyware, engine, device, software,
extraction tool, or any other automatic device, utility, or manual
process of any kind; (c) frame or utilize framing techniques to enclose
any Trademark or other proprietary information (including, without
limitation, any images, text, or page layout); (d) use any meta tags or
any other "hidden text" utilizing any Trademarks; (e) engage in any
activities through or in connection with this Website that seek to
attempt to harm minors or are unlawful, offensive, obscene, threatening,
harassing, or abusive, or that violate any right of any third party; or
(f) engage in any activity that interferes with a user’s access to this
Website or the proper operation of this Website. You also agree that, in
using this Website, you will not impersonate any person or entity.
MESSAGE BOARDS, BULLETIN BOARDS, FORUMS AND CHAT ROOMS
Newbold may elect to offer community features on this Website, such
as message or bulletin boards, forums, comment boards and chat rooms. In such events,
Newbold will not assume any obligation to monitor, filter, censor, edit,
or regulate information or content provided by you or third parties on
this Website, although Newbold reserves the right to do so in its sole
discretion. Newbold does not endorse, warrant the accuracy or
reliability of, or assume any liability in connection with any such
information or content provided by users or other third parties.
As to any information or content that you upload or post to this
Website, you represent and warrant to Newbold that you have the right
and authorization to do so without the consent of any third party. You
also agree not to upload or post to this Website: (a) infringing,
defamatory, obscene, pornographic, threatening, abusive, violent,
illegal, rude, harassing, or otherwise improper content, (b) viruses or
other harmful items, or (c) content with a commercial purpose (such as
offers to sell products or services or attempts to solicit funds or
advertise products or services).
Newbold reserves the right, in its sole discretion, to adopt
additional rules in any community area and to condition access to any
such community features by any individual or group in accordance with
age, geographic, or other criteria, to deny or restrict access by any
individual or group who fails to meet that criteria or by anyone who
fails to comply with our criteria or rules at any time, and to change or
modify the criteria or rules at any time. Newbold also reserves the
right (but does not assume any obligation), in its sole discretion, to
delete any postings on this Website that violate this User Agreement and
to deny access by any user to this Website.
SECURITY
Newbold reserves the right, without any limitation whatsoever, to: (a)
investigate any suspected breaches of its Website security or its
information technology or other systems or networks, (b) investigate any
suspected breaches of this User Agreement, (c) involve and cooperate
with law enforcement authorities in investigating any such matters, (d)
prosecute violators of this User Agreement to the full extent of the
law, and (e) discontinue this Website or terminate your access to it at
any time, without notice, for any reason and without any obligation to
you whatsoever.
PRIVACY
Newbold must collect certain information in order to operate this
Website and to fulfill your requests or enable participation in certain
online activities. But Newbold respects the privacy of its visitors, and
is especially mindful of protecting the privacy of young children
visiting our sites. Please
click here to review our Privacy Policy.
We have adopted reasonable security measures to protect against the
loss, misuse, and alteration of the personal information under our
control. Our online store uses Secure Sockets Layer technology to protect credit card
data during our online store transactions and we adopt careful internal procedures to
safeguard this information in our system. Vendors, service providers,
and others who help make our products and services available should also
not be permitted to use personal information except in connection with
their services to Newbold. Nevertheless, we cannot guarantee complete
security of personal information.
DISCLAIMERS AND LIMITATIONS OF
LIABILITY
This Website may include technical inaccuracies and other errors,
especially during start-up when the entire website and/or new webpages
and new shopping cart features are brought online for initial test
runs and startup. It is understood that your use and browsing of this Website is at your risk. THIS WEBSITE IS
PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. NEWBOLD DOES NOT WARRANT THAT THIS WEBSITE WILL
MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE
OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS
WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL
CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY
PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN NEWBOLD WILL
NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING SENTENCES, NEWBOLD WILL NOT BE LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF
YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN
THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS
WEBSITE TO YOU. Please note that some jurisdictions may not allow the
exclusion of implied warranties, so some of the above exclusions may not
apply to you.
Residents of California are entitled to the following specific
consumer rights information: you may contact the Complaint Assistance
Unit of the Division of Consumer Services of the Department of Consumer
Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814,
or by telephone at 916.445.1254. California residents expressly agree to
waive California Civil Code Sec. 1542, which states: "A general release
does not extend the claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the
debtor."
YOUR LINKS TO THIS WEBSITE
You are granted a limited, non-exclusive,
revocable right to create hyperlinks to
this Website, so long as: (a) the links are only to the home page of
this Website, (b) the links only incorporate text, and do not use any
Trademark graphics, (c) the links and related content on your site do
not suggest any affiliation with Newbold or cause confusion among
consumers, (d) the links and related content on your site do not portray
Newbold or its products or services in a false, misleading, derogatory,
or otherwise offensive matter, and (e) the links and related content on
your site are not operated for any commercial purposes.
LINKS ON THIS WEBSITE TO AND FROM
OTHER WEBSITES
This Website may contain links to or from third-party sites ("Linked
Sites"), including, without limitation, sites operated by advertisers,
licensors, licensees, and promotional and business partners of Newbold.
Newbold has no control over the content of Linked Sites, and Newbold
does not assume any obligation to review any Linked Sites. Newbold does
not endorse, approve, or sponsor any Linked Sites, or any content,
advertising, information, materials, products, services, or other items
on or available on or from them, and Newbold disclaims all liability in
connection therewith. Any activities you engage in connection with a
Linked Site is subject to the privacy policy, conditions of use, and
other terms imposed by the operator of the Linked Site and Newbold
disclaims all liability in connection therewith.
PROMOTIONS, ADVERTISEMENTS,
BANNERS
We reserve the right to post banners, advertisements, promotions, and
similar content throughout this Website. Any interactions,
correspondence, and business dealings that you have with any advertisers
and other third parties found on or through this Website (including via
Linked Sites) are solely between you and the third party (including,
without limitation, issues related to the content of third party
advertisements, payments, delivery of goods, warranties, and the like).
Newbold disclaims all liability in connection with therewith.
GENERAL PROVISIONS
A. Indemnity
You agree to indemnify, defend, and hold harmless Newbold (which
includes Newbold’s affiliates and subsidiaries) and its officers,
employees, agents, business partners, licensors, and licensees from any
damages, liabilities, costs, and expenses (including reasonable
attorneys’ fees) on account of any claim, suit, action, demand, or
proceeding made or brought against any such party, or on account of the
investigation, defense, or settlement thereof, arising in connection
with your use of this Website.
B. Revisions to this Website and this User Agreement
Newbold may, in its sole discretion and at any time, make changes to any
aspect of this Website, including, without limitation, any Content, any
activities available on this Website, and any products or services
offered through this Website. Newbold may also, in its sole discretion,
revise this User Agreement by updating or revising this document, with
the revised terms taking effect as of the date of its posting. Continued
use of this Website following the effective date of any such changes
constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
Newbold controls and operates this Website from its office and
headquarters in Middlesex, New Jersey in the United States of America,
and Newbold makes no representation that this Website is appropriate or
available for use beyond the United States of America. If you use this
Website from other locations, you are responsible for compliance with
all applicable local laws. Although Newbold products and services may be
available in other parts of the world, this Website may describe
products and services that are available only in the United States of
America (or only parts of it) and are not available worldwide.
D. Jurisdiction, Venue, and Alternative Dispute Resolution
Any controversy or claim relating to this Website, the Content, or this
User Agreement not otherwise resolved between you and Newbold will be
settled solely by binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association ("AAA"),
administered in accordance with the AAA’s Supplementary Procedures for
Consumer-Related Disputes. Any such controversy or claim will be
arbitrated on an individual basis, and will not be consolidated in any
arbitration with any claim or controversy of any other party. The
arbitration will be conducted in New Jersey and judgment on the
arbitration award may be entered into any court having jurisdiction of
it. Any claim or cause of action that you may have with respect to this
Website, the Content, or this User Agreement must be commenced within
one year after the claim or cause of action arises or it will be forever
barred. Any action or proceeding by Newbold relating to your access to,
or use of, this Website or any Content in accordance with this paragraph
will be instituted in state or federal court in New Jersey. Accordingly,
you consent to the personal jurisdiction of the courts in New Jersey
with respect to all matters relating to your access to or use of this
Website and the Content and waive your rights to removal or consent to
removal. This User Agreement will be governed by and construed in
accordance with the laws of the State of New Jersey, without regard to
its conflicts of law provisions. The foregoing provisions of this
paragraph will not apply to any legal action taken by Newbold to recover
damages for, or seek an injunction in connection with, any loss, cost,
or damage (or any potential loss, cost, or damage) relating to this
Website, any Content, Newbold’s operations, and/or Newbold’s products or
services caused by your act or failure to act.
E. Severability
If any provision of this User Agreement is deemed unlawful, void, or
unenforceable for any reason, then that provision will be deemed
severable from the remainder of this User Agreement and will not affect
the validity or enforceability of the remainder of this User Agreement.
Newbold, Inc.
|
