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These Terms of Use (“Terms”) and our Privacy Policy govern your access to and use of the
websites and services operated by Newfold Digital, Inc. and its affiliate companies
(collectively “Newfold,” “we,” “us,” or “our”), including any Newfold websites on which this
Agreement is posted (collectively referred to in this Agreement as the “Site”). These Terms
apply to your access to and use of the Site regardless of whether you are a “Visitor” (which
means that you simply browse the Site), or a “Customer” (which means that you have
enrolled or registered with the Site or are an existing Customer and are using the Site for
product or service support). If, however, you are a Customer, there may be additional and/or
different terms that apply to you. Please review those additional terms for more information.
These Terms are a legally binding agreement between and us and contains important
information about the Site and your use of the Site, including, but not limited to:
• A disclosure about the recording of your interactions with the Site (Section 7);
• A limitation of warranties (Section 10);
• A limitation of liability (Section 11);
• Indemnity obligations (Section 12);
• Choice of law (Section 15);
• Dispute Resolution (Section 16);
• Class-Action Waiver (Section 17); and
• Time limit to bring claims (Section 18).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE TO BE SURE YOU
UNDERSTAND AND AGREE TO THEM COMPLETELY. CONTINUED USE OF THE SITE
CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND ADHERE TO THESE TERMS. IF
YOU DO NOT AGREE WITH ANY OF THESE TERMS OR OUR PRIVACY POLICY, DO NOT USE
OR ACCESS THE SITE.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.
For the avoidance of doubt, these Terms expressly apply to: (a) your access to and use of the
Site and (b) your access to and use of calculators, research tools, text, pictures, graphics,
logos, button items, icons, images, works of authorship and other information and all
revisions, modifications, and enhancements thereto contained in the Site.
You may not accept these Terms if you are not of a legal age to form a binding contract with
us. If you accept these Terms, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind. Before
you continue, you should print or save a local copy of these Terms for your records.
1. OWNERSHIP OF THE SITE
The Site is protected by United States and international copyright, trademark, and other
intellectual property laws. Our websites may offer featured articles, pictures, information,
images, surveys, contests and sweepstakes, advertising, logos, trademarks, audio, video,
text, data, music, sound, graphics, photographs, videos, software, and other content and
materials on the Site (collectively referred to hereinafter as “Content,” but excluding
specifically User Content as defined below) we hope will be of interest to our visitors. The
Content may not be copied, reproduced, published, republished, uploaded, posted,
displayed, transmitted, modified, used to prepare derivative works, distributed, or
redistributed in any way in any medium whatsoever now known or later invented, except that
you may download one copy of the Content on any single computer for your personal,
noncommercial home use only, provided you retain all trademark, copyright and other
proprietary notices displayed on, embedded in, or otherwise appearing in any Content. Any
attempt to modify the Content or to use the Content for any other purpose constitutes a
violation of our copyright and other proprietary rights, and may subject you to injunctive
relief, statutory damages, and other penalties. The use of any such material on any other
website or networked computer environment is prohibited without the express written
permission of us. We make no representations or warranties that the Content is available,
appropriate, or legal to access. Except for User Content (as hereinafter defined), all Content
posted on or otherwise available via the Site is owned by us or used by us with authorization.
Please feel free to browse the Site, but you must respect the rules and restrictions set forth
in these Terms and our intellectual property rights as set forth in the Terms. No right, title or in these Terms and our intellectual property rights as set forth in the Terms. No right, title or
interest in or to the Site or any Content is transferred to you, and all rights not expressly
granted in the Terms are reserved by us. Please note that downloading software, information,
data, images, or other Content from the Site does not give you title or other rights to such
Content.
2. RESTRICTIONS ON THE USE OF THE SITE
As a condition of using the Site, you agree that you will not:
(a) Without the prior written consent of us, modify, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(b) Remove, obscure, or otherwise modify any copyright, trademark, confidentiality, or other
proprietary rights notices displayed on, embedded in, or otherwise appearing in any
Content; (c) Submit, display, or transmit any User Content (as hereinafter defined) that infringes any
patent, trademark, trade secret, copyright, or other proprietary rights of any party, or User
Content that you do not own or have the necessary and appropriate rights to make available
under any law or under contractual or fiduciary relationships;
(d) Submit, display, or transmit any User Content that exceeds our capacity limits;
(e) Submit, display, or transmit any spam, duplicative messages, unauthorized promotions
or advertisements, surveys, contests, chain letters, or pyramid schemes;
(f) Forge headers, create a false identity, or otherwise manipulate identifiers in order to
deceive others or disguise the origin of any User Content transmitted to or via the Site;
(g) Use the Site to threaten, defame, abuse, assault, stalk, harass, or otherwise violate the
rights of any other person or entity, including, without limitation, rights of privacy or publicity;
(h) Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful,
terroristic, violent, or hateful User Content;
(i) Collect, store, publish, post, sell, transmit, or disclose personal data about other users of
the Site;
(j) Use the Site in any way that violates any applicable law or regulation; or
(k) Monitor or copy Content other than as expressly authorized under the Terms.
3. SITE SECURITY USE RESTRICTIONS
We take the security of the Site seriously. As part of our Site security, you are prohibited from
taking and may not engage in any of the actions listed below:
(a) Using any robot, “bot,” spider, crawler, engine, device, software, tool, routine, or any other
automatic device or manual process of any kind on the Site for any purpose whatsoever
without our written permission;
(b) Engaging in any activity that interferes with the proper working of or access to the Site or
to any host or network;
(c) Attempting to access data or information not intended for you or log onto a server or
account that you are not authorized to access;
(d) Accessing or attempting to access any system or servers on which the Site is hosted or
modify or altering the Site in any way;
(e) Uploading or otherwise transmitting files that contain viruses, worms, Trojan horses,
malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
(f) Restricting or preventing any other user from using the Site and/or any products, services.
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