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Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of and access to the NewbornNotes website (the "Site").

By visiting this Site, you are signifying your assent to these Terms and the terms and conditions of our Privacy Policy, which is incorporated herein by reference. Any products or services ordered through NewbornNotes is governed by the Terms and Conditions for Provision of Products and Services, which is also incorporated herein by this reference. NewbornNotes may revise these Terms from time to time by posting a revised version on the Site. Your continued use of the site after NewbornNotes posts any changes will constitute your acceptance of such changes.

Use of the Site
You may access and use the Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, the Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue the Site, in whole or in part, at any time in our sole discretion.

Your Use of Site
Subject to and conditioned upon your compliance with these Terms, NewbornNotes grants to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Site, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your User Submitted Materials), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site without the written consent of NewbornNotes. While using the Site, you agree not to: Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information; Restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; Engage in spamming; Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items; Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Site; If you fail to comply with the above rules, such failure shall constitute a breach of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of the Site.

NewbornNotes Property
NewbornNotes owns all right, title and interest, including all worldwide intellectual property rights in the Site and all content thereon and the copyrights, images, trademarks, and logos contained therein and all intellectual property rights associated therewith. You agree you will not remove, alter or conceal any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Site or related products and services. You agree not to circumvent, disable or otherwise interfere with security related features that prevent or restrict use or copying of the Site or use, reproduce, modify, adapt, prepare derivative works based on, reverse-engineer, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site or any part thereof without the prior written permission of NewbornNotes.

No Warranty
Your use of the Site is at your sole discretion and risk. The Site and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. TO THE FULLEST EXTENT PERMISSIBLE AT LAW, NEWBORNNOTES AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Without limiting the foregoing, NewbornNotes disclaims any warranties: (a) regarding the security, accuracy, reliability, timeliness and performance of the Site; (b) regarding the goods, services, advice, information or links provided by any third parties; (d) that the Site will meet your requirements; or (d) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from NewbornNotes, will create any warranty not expressly stated in this Agreement.

Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER NEWBORNNOTES NOR ANY OF ITS EMPLOYEES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, RESULTING, ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING, WITHOUT LIMITATION, SUCH DAMAGES INCURRED BY THIRD PARTIES, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, AND WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT NEWBORNNOTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE SHALL BE TO STOP USING THE SITE.

Indemnification
You agree to defend, indemnify, and hold harmless NewbornNotes, its officers, directors, shareholders, employees, agents, representatives, affiliates, partners and distributors from and against any and all claims, liabilities, causes of action, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site, any actions or activities in connection with the Site, any actions or activities in connection with your account, your violation of these Terms, or the violation of any other terms and conditions of any other agreements or terms to which you are bound with NewbornNotes.

Third Party Links
We may provide links to third-party websites or resources from the Site. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and NewbornNotes does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You assume all risks arising from your use of any such websites or resources.

General Terms
These Terms constitute the entire agreement between NewbornNotes and you with respect to your use of the Site and supersede any prior or contemporaneous agreements or understandings. These Terms may be modified from time to time by NewbornNotes, and any use by you of the Site following such modification shall be deemed your acceptance thereof. NewbornNotes failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court finds that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. NewbornNotes shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, without restriction. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of New York.

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