In using this website or our software you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. "Newbound" or "Newbound Software" refers to the Newbound website, the Newbound software and all Newbound products and services. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
In addition to the Newbound websites which are hosted at
https://www.newbound.com and
http://newbound.io, Newbound also consists of software which individuals run on their own hardware, including computers, smartphones, tablets and other devices. All use of the Newbound Software, whether on our website or through our software is subject to the Terms and Conditions specified in this agreement.
Engaging in fraud, malicious or abusive behavior, illegal activity or behaving in any manner which dilutes the ability to trust the Newbound Software is a breach of the terms of this agreement, and you will be barred from the Newbound software and prosecuted to the full extent of the law.
Although we give you permission to install and use our software, we are still the owners of it. We are also the owners of our brands and any content distributed with the software. Therefore, when you pay for our software, you are buying a permission to use our software in accordance with these Terms and Conditions - you are not buying the software itself. The only permissions you have in connection with the software are the permissions set out on this page.
When you purchase a commercial license for the Newbound software you may install it on one device that you personally own and control.
You may not distribute or sell our software in whole or in part, and you may not use any of our source code in software you write without our permission.
We might make upgrades and updates available from time to time, but we don't have to. We are also not obliged to provide ongoing support or maintenance of any app. Of course, we hope to continue to release new updates for our software, we just can't guarantee that we will do so.
When you download and install our software, we provide it 'as is'. Updates and upgrades are also provided 'as is'. This means that we are not making any promises to you about the standard or quality of our software or that our software will be error free or for any loss or damage that it may cause. We only promise to provide the software and any services to the best of our ability, and we cannot be held responsible for data loss, hackers, system failure, missed deadlines or anything else that might result from using our software.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The US government has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Confidentiality
We believe retaining our clients' trust involves maintaining confidentiality in a manner above and beyond that which is required by law, and as such, any information concerning the Client and their respective Client Records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and
excludes all liability for damages arising out of or in connection with your use of this website and our software. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Payment
All payments within the Newbound Software will be handled by Newbound's online transaction processing services and settled electronically as expediently as those technologies allow. The Newbound Software offers choice with regard to the financial institution which ultimately performs that transaction and the Newbound Software is merely facilitating that transaction between individuals and the financial institution. Any disputes associated with those transactions should be taken up with that financial institution, which ultimately bears the legal authority and liabilities involved with processing financial transactions. Any payments received by individuals via the Newbound Software are subject to the same laws as any other payment, and subject to taxation as income by that individual.
Third Party Apps
Newbound does not host any third party apps on our systems, and we do not accept any responsibilities or liabilities related to third party apps you download from other users of the Newbound Software. If you write, modify or host an app for distribution over the Newbound software, that use is subject to the Terms and Conditions specified in this agreement. Writing or distributing malware is not just a violation of this agreement, it is a crime punishable by law.
Cancellation Policy
You are bound by the terms of this agreement if you use the Newbound software. If you do not wish to be bound by these terms you must uninstall the Newbound software and stop visiting our website.
Availability
Unless otherwise stated, the services featured on this website are only available within countries which do not prohibit the use of encryption or encrypted communications. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site, its content or the Newbound software is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are used to connect individuals directly to each other, which requires that your IP address is linked to an identifier which ultimately is linked to personally identifiable information. All sensitive personal information on our servers is encrypted. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies and Javascript
Like most interactive web sites this Company's website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site and in our software to enable the functionality of this area and ease of use for those people visiting. Neither the Newbound website nor the Newbound software will function without cookies or Javascript. Some of our affiliate partners may also use cookies or Javascript.
Links to this website
You may create a link to any page of this website without our prior written consent. However, If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website as well as our software.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company's stated telephone, facsimile or mobile telephone numbers.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of the United States of America govern these terms and conditions. By accessing this website or using our software you consent to these terms and conditions and to the exclusive jurisdiction of the US courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or use of the Newbound software indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
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2018 Newbound, inc. All Rights Reserved
