Newbold Terms and Conditions of Use
Last Modified: August 1, 2021
- Disclaimer of Warranties
You expressly agree that use of the Site, including browsing, downloading, and otherwise obtaining content from the Site, is at your sole risk. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive codes. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.
The Site and its content is provided on an “as is” and “as available” basis and “with all faults.” To the fullest extent permitted by applicable law, Newbold makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site or its content in terms of its correctness, accuracy, reliability, or otherwise.
Newbold shall have no liability for any interruptions, errors, computer viruses, or other harmful components in the use of this Site. NEWBOLD DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE, WEBSITE CONTENT, AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE WEBSITE AND WEBSITE CONTENT. NEWBOLD DOES NOT WARRANT THAT ANY WEBSITE CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, WEBSITE CONTENT, OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitations of Liability
IN NO EVENT SHALL NEWBOLD OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE, THE SERVICES FOUND AT THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, ANY VIRUSES, WORMS, BUGS, OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR FROM THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, ANY USER CONTENT, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF NEWBOLD OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Newbold’s liability is limited to the greatest extent permitted by law. You also specifically acknowledge that in no event shall Newbold’s total aggregate liability to you exceed the total amount paid by you for the particular product or services that are the subject of your claim against Newbold, if any.
- Warranty and Indemnification
You further warrant and represent that all content added to the Site by or at the behest of you or your agents or representatives, including, without limitation, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content.
You will cooperate as fully as reasonably required in the defense of any claim. Newbold reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Newbold’s written consent.
- User Content
The Site may contain interactive features that allows users to post, submit, publish, display, or transmit to other users or persons content or materials (“User Content”). The term User Content shall not include the submission of any personal information by job applicants to Newbold. By posting or uploading User Content to this Site, you are granting Newbold permission to use the User Content in connection with the Site. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content. Newbold reserves the right to utilize supplied information for legitimate business purposes and may contact users of the Site, via e-mail or otherwise, based upon the information supplied by such users.
Newbold is not responsible or liable for any User Content on the Site. User Content does not express the views of Newbold. Newbold does not guarantee that it will edit or delete User Content. Newbold has the right, but not the obligation, to monitor User Content. Newbold reserves the right to reveal your identity (or whatever information Newbold knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, Newbold does not claim ownership of the User Content on the Site. You acknowledge that Newbold is not responsible for the accuracy of any User Content and that you and not Newbold are solely responsible for any User Content you post or upload to the Site. Newbold provides this Site for commercial, informational, and promotional purposes only. A purpose of this Site is to provide information about job opportunities and human resources services provided by the Newbold. None of the content or information contained in this Site shall be construed as a contractual offer, for employment or otherwise, by the Newbold. You may not rely on any information and opinions expressed on the Site for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Site. Under no circumstances will Newbold be liable for any loss or damage caused by your reliance on any content on this Site.
You acknowledge that any public forums offered on the Site are for public and not private communications. You are and shall remain solely responsible for the content you post on these forums and the Site and for the consequences of submitting and posting the same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Site is at your own risk.
Newbold may discontinue operation of the Site, or your use of the Site, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User Content on the Site, and Newbold has no obligation to return your User Content or otherwise make it available to you.
The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant Newbold the rights set forth above without obligations or liability to any party, you agree to promptly provide Newbold with the proper information pursuant to the procedures outlined in Newbold’s Intellectual Property Policy.
- Compliance with Laws and Prohibited Uses
You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Site in any way that violates applicable state, federal, or international laws or regulations including, without limitation, the CAN-SPAM Act of 2003, or other government requirements.
You shall not post, submit to, advertise, display, or transmit through the Site any material that:
- Violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right, whether of Newbold or of any other person or entity;
- Impersonates another person or entity or is unlawful, threatening, abusive, defamatory, untrue, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable;
- Constitutes, enables, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- Includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- Contains a formula, instruction, or advice that could cause harm or injury;
- Is a chain letter, “spam,” data mine, or “bot” of any kind, or facilitates mail abuse or unsolicited email of any type;
- Restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Newbold or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Use any device, software, or routine that interferes with the proper working of the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Intellectual Property Rights
The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Newbold, its licensors, and other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Monitoring and Enforcement; Termination
- Denial of Access
- Restrictions on Use by Minors
If you are under 18, you may use this Site only under the supervision of a parent or legal guardian. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Newbold.
This Site is not intended or designed to attract children under the age of 13. Newbold does not collect personally identifiable information from any person Newbold actually knows is a child under the age of 13.
- Modifications and Interruption of Service
Newbold will in good faith endeavor to provide uninterrupted service to the Site, but you acknowledge and accept that Newbold does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Newbold’s control.
- Third Parties and Third-Party Sites
The Site may include links to other sites on the Internet that are owned, operated, and/or maintained by online merchants and other third parties or advertisements by third parties. You acknowledge that Newbold is not responsible for the availability of, or the content located on or through, any third-party site and that your use of these third-party sites is at your own risk and that it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Newbold is not responsible for the content, operation or privacy practices of these other websites, nor does it operate, control, or endorse the content found on these third-party websites. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.
If there is a dispute between persons accessing the Site or between persons accessing the Site and any third party, you understand and agree that Newbold is under no obligation to become involved. If there is such a dispute, you hereby release Newbold and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Newbold strictly prohibits any further linking to the Newbold’s Site and shall pursue all legal remedies should any unauthorized linking occur. Any further linking to the Newbold’s Site must be approved with the expressed written consent of an authorized representative of the Newbold.
- Other Terms