New Target, Inc.
Last updated: May 2018
Welcome to www.newtarget.com, the website (the “Site”) of New Target, Inc. (“New Target”), which provides features describing our mission and our services. You can contact us by email directly or via the Site and also engage with us through our social media accounts (“New Target Media”).
Your use of the Site and New Target Media is subject to this Legal Notice and the following terms and conditions (“Terms”) and applicable law. Please read our Terms carefully.
By accessing and browsing the Site or using New Target Media, you accept the Terms without limitation or qualification and acknowledge that the Terms prevail over any conflict with any other agreement between you and New Target in regard to the subject matter of the Terms. No New Target representative is authorized to modify or amend the Terms. You may access the Terms by clicking on the Site Terms link at the bottom of any page of the Site.
TERMS AND CONDITIONS
New Target may at any time revise, modify, or amend these Terms by updating this Legal Notice. You are bound by such revisions, modifications, and amendments. Your use of the Site after such notice indicates your agreement to any such changes. If any of the Terms shall be deemed void or unenforceable, that Term will be deemed severable and will not affect the validity or enforceability of the remaining Terms.
- You should assume that everything you see, read, or hear on the Site or in New Target Media is subject to a copyright or other intellectual property right owned by New Target or a third party and may not be used except as provided in these Terms or in the text of the Site or New Target Media without the written permission of New Target. New Target makes no representations or warranties with regard to materials displayed on the Site or New Target Media that is owned by third parties and not owned or affiliated with New Target.
- Users should and are expected to maintain their own antivirus protection software and take appropriate cybersecurity measures while browsing or otherwise using the Site or New Target Media.
- You may request additional information about New Target or request a proposal for our services, in which case you agree to provide accurate and complete contact information and to update it as appropriate. Your personal information is subject to and protected as described in our Privacy Statement.
- You may not copy, distribute, modify, transmit, reuse, report, or use any content of the Site or New Target Media, including the text, images, audio, and video, for public or commercial purposes without New Target’s written permission.
- TO THE FULL EXTENT PERMITTED BY LAW, NEW TARGET DISCLAIMS ANY AND ALL WARRANTIES AS TO THE SITE AND NEW TARGET MEDIA AND THEIR CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THE SITE AND NEW TARGET MEDIA ARE PROVIDED BY NEW TARGET ON AN “AS IS” AND “AS AVAILABLE” BASIS. Please note that because some jurisdictions may not allow the exclusion of implied warranties, some or all the disclaimers in the Terms may not apply to you. Check local laws for any restrictions or limitations regarding the exclusion of implied warranties or additional rights that may be available to you.
- NEW TARGET WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR NEW TARGET MEDIA INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
- ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE OR NEW TARGET MEDIA WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS OWNED BY NEW TARGET. IN THE EVENT OF A DISPUTE, YOU MUST SEND TO NEW TARGET A NOTICE OF DISPUTE ALONG WITH A WRITTEN DESCRIPTION OF THE NATURE OF THE DISPUTE AND THE RELIEF SOUGHT. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, INCLUDING THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA RULES ARE AVAILABLE AT www.adr.org. PAYMENT OF ALL FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES. ARBITRATION MAY BE CONDUCTED AT THE OPTION OF NEW TARGET IN PERSON OR BY PHONE ALONG WITH THE SUBMISSION OF DOCUMENTS. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
- Unless caused by New Target’s gross negligence or reckless conduct or intentional misconduct, you and New Target agree that New Target shall not be liable (whether in contract, tort, or any cause of action) for any damages or injuries arising out of or related to your use of the Site or New Target Media, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of your computer, data or information.
- Images of people or places displayed on the Site or New Target Media are either the property of, or used with permission by, New Target. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided by New Target. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- By accessing the Site or using New Target Media, you agree that the Federal Arbitration Act and the laws of the Commonwealth of Virginia without regard to its principles of conflicts of law will govern the Legal Notice including the Terms and any dispute which may arise between you and New Target.
If you believe that your work has been copied on the Site or in New Target Media in a way that constitutes copyright infringement, please provide New Target’s Copyright Agent with the written information specified below. Please note that this procedure is exclusively for notifying New Target of your claim that your copyrighted material has been infringed through posting on the Site or New Target Media.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringed is located on the Site or in the New Target Media;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Site is not directed to children under the age of 13. As a result, the Site does not request or knowingly collect personal data from individuals under the age of 13. If you are not 13 or older, you should not use or visit the Site or use New Target Media. If New Target learns that personally identifiable information of persons under the age of 13 has been collected on the Site without verified parental consent, New Target will take appropriate steps to delete the information. New Target reserves the right to refuse service, terminate accounts, remove, or edit content in its sole discretion.
New Target’s Copyright Agent for notice of claims of copyright infringement on the Site or New Target Media can be reached as follows: Copyright Agent: email [email protected].