You agree that the Terms, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized.
The Site may include links to other websites, such as news outlets, to enhance your experience with the Site. New Profit cannot control linked sites and is not responsible for and does not endorse such sites or any content, goods, or services available on or through such sites.
You agree to comply with all applicable United States laws and regulations and recognizing the global nature of the Internet, should you reside outside the United States, all applicable laws regarding online conduct and transmission of technical data exported from the United States or the country in which you reside.
Release, Warranty and Disclaimer
By using the Site, you agree to release, discharge and hold harmless New Profit from any and all losses, damages, rights, claims, actions of any kind and injury arising out or relating to the Site or any act or omission by any person, including without limitation, any dispute between you and any other person or any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You agree to indemnify and hold New Profit harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of or relating to the Site, including without limitation, any content available on the Site, your use of the Site, your connection to the Site, your violation of the Terms or your violation of any right of another.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEW PROFIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEW PROFIT DOES NOT WARRANT THAT THE SITE IS SECURE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, IS FREE OF VIRUSES, OR WILL MEET YOUR REQUIREMENTS. ANY MATERIAL DOWNLOADED THROUGH OR FOR THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
New Profit neither makes any warranties about the Site or the information contained herein, nor assumes any liability for use of this Site. The information provided on the Site does not constitute legal, medical or financial advice. While every effort is made to ensure the accuracy of the information on these pages, no guarantees are provided and you should not rely on it for any financial, medical or legal purpose. New Profit does not warrant or make any representations regarding the use or the results of the use of this Site in terms of its quality, correctness, security, accuracy, reliability, or otherwise. In no event shall New Profit, its employees, volunteers, directors, officers, agents, or related entities, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, indirect, punitive, incidental, special, exemplary or consequential damages or damages for loss of profits, including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if New Profit has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on this Site, the use or inability to use the Site, any linked site or resource or any other matter relating to the Site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with the Site or with these Terms, your sole and exclusive remedy is to discontinue use of the Site.
New Profit reserves the right to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice.
All materials contained on this Site, including the New Profit name and logo, are protected by copyright, patent, trademark, trade dress, trade secret or other proprietary rights and laws. All rights in such materials are reserved to their respective owners.
You are granted a limited license to access and use the Site to download or print a copy of any portion of the Site to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. However, you may copy, print, or distribute content on the Site as indicated via the provided widgets or the download function (unless otherwise indicated on the Site) subject to the following limitations:
1) Linking to the Site is permitted, provided the linking site does not falsely imply or suggest affiliation or endorsement by New Profit.
2) You may not copy, print, or distribute third-party content on the site.
3) Users also may not scrape or frame the content of the Site.
4) You may not use or distribute any of the content on the Site for commercial purposes.
6) Any content you distribute must appear as it does on the Site and must bear the following copyright notice: "© 2010, New Profit, Inc. All Rights Reserved."
7) New Profit reserves the right to terminate this authorization at any time in its sole discretion.
New Profit respects the intellectual property rights of others. While New Profit does not intend to put any of your copyrighted material on the Site without your consent, you may find material that you believe to violate your copyright. If this is the case, you may notify us at firstname.lastname@example.org. Upon receipt of such notice, New Profit, at its discretion, may decide to remove or disable access to the alleged infringing material. If such action is taken, New Profit may choose to make a good-faith attempt to contact the original submission source to notify them of the action.
The Terms constitute the entire agreement between you and New Profit and governs your use of the Site, superseding any prior agreements between you and New Profit with respect to the Site. The Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and New Profit agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Suffolk County, Massachusetts. The failure of New Profit to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to the Terms or other matters by displaying notices or links to notices generally on the Site.
Member Account, Password and Security
You certify that all information submitted to the site when registering an account or otherwise is accurate and complete. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify New Profit of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site. New Profit will not be liable for any loss or damage arising from your failure to comply with this section.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of the Terms or to pose any questions regarding the Terms.
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