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.