Updated Feb 9, 2024
These terms (“Terms”) comprise an agreement between Newor Media, LLC. (“Company”), and you (“User”) that governs User’s use of this website in all its forms and services (“Website”), ( https://www.newormedia.com). User’s use of this Website constitutes User’s acceptance of, and agreement to, the following Terms. Company may modify, alter, amend, or update its Website, policies, and these Terms at any time without prior notice. If User does not agree with or do not accept any part of these Terms, User shall discontinue use of the Website.
Disclaimer
Company makes a reasonable effort to ensure that all information is reasonably accurate, but we make no guarantees regarding the results that User will see from using the information provided on the Website.
This Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
User Responsibility
This Website was developed strictly for informational purposes. User understands and agrees that User is fully responsible for User’s use of the information provided on the Website. Company makes no representations, warranties or guarantees and Company assumes no responsibility for errors or omissions that may appear on the Website.
Confidentiality
Company makes no warranties regarding confidentiality for information submitted to the Website. In the event User chooses to comment on the Website, on a social media account linked to the Website, or via the contact form on the Website, User’s confidentiality cannot be maintained. User should have no expectation of confidentiality.
Website Use
Company owns the intellectual property and rights to all content and material and all intellectual property rights are reserved.
User shall not damage the Website or impede access to the Website. User must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. User shall not copy, store, host, transmit, send, use, publish distribute or link to any or other harmful or invasive code or malicious software when using the Website.
Data collection activities and data mining on this Website are prohibited.
Copyright & Trademarks
The Website design and content and all components of the Website and subject to copyright laws of the United States.
Company’s trademarks and service marks may not be used in any manner that may cause confusion or disparage Company or its marks.
User Grants, Contributions and Communications
User grants Company irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content worldwide that User contributes to the Website. This includes but is not limited to all known and future media.
User agrees that any content submitted shall be legal and will not infringe on any third-party and will not create grounds for any legal action against User or Company.
Company takes no responsibility and assumes no liability for any content posted by User or any third party.
Company does not monitor the submission of all content to this Website.
User grants Company the right to electronically share information about Company if the User submits their email to Company and that electronic communications meet any need for written communication.
Third Parties
Company assumes no control or liability over the content of any third-party sites linked to this Website. User agrees to expressly hold harmless Company from any and all liability related to use of third-party websites.
User shall solely bear all responsibility for and engagement with third parties and User shall hold Company harmless from any and all liability in any dispute.
Warranties & Limitation of Liabilities
NEWORMEDIA.COM AND THE SERVICES OFFERED BY NEWOR ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEWOR DISCLAIMS ALL REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF NEWORMEDIA.COM, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON NEWORMEDIA.COM. YOUR USE OF NEWORMEDIA.COM, THE NEWOR MEDIA SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWOR MEDIA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEWOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF NEWORMEDIA.COM, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEWOR SERVICE, OR DOWNLOADABLE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE NEWOR MAKES REASONABLE EFFORTS, IT DOES NOT GUARANTEE THAT NEWORMEDIA.COM, THE NEWOR SERVICE, ANY DOWNLOADABLE SOFTWARE, THE NEWOR SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEWOR WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF NEWORMEDIA.COM, THE NEWOR SERVICE, OR NEWOR DOWNLOADABLE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NEWOR WILL NOT BE RESPONSIBLE FOR DAMAGES ARISING FROM THE REMOVAL, TERMINATION, OR SUSPENSION OF SERVICE FROM ANY THIRD-PARTY SERVICE USED ON YOUR WEBSITE OR IN CONJUNCTION WITH THE NEWOR SERVICE, INCLUDING, BUT NOT LIMITED TO, SEARCH ENGINES (SUCH AS Google, Bing, Yahoo), AD NETWORKS, OR EXCHANGES (SUCH AS Google Adsense).
Indemnity
User shall defend, indemnify and hold harmless Company, its members, employees, officers, directors, managers, and agents from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
Arbitration
These Terms will be governed and construed in accordance with the laws of the State of Delaware. Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Wilmington, Delaware. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
Force Majeure
Company will not have any liability if Company’s performance of its obligations is delayed by the occurrence of: (a) fires, floods, earthquakes, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, sabotage, embargo, government action or order, blackouts, epidemic or quarantine, strikes/labor difficulties, or any other similar cause; or (b) any event or circumstance within the control of, or caused by information provided by User or any third party.
Miscellaneous Provisions
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
These Terms may not be assigned by User without Company’s prior written consent, however, these Terms may be assigned by Company in its sole discretion.
These Terms are the final, complete, and exclusive agreement of the parties with respect to the Website.
These Terms will be binding upon the successors and permitted assigns of User and Company. These Terms do not create any third-party beneficiary rights.
These Terms will be interpreted as if equally drafted by Company and User.
A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms.
No agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms.
The invalidity or unenforceability of any provision of the Terms of Use will not affect the validity.