Newlight Technologies, Inc. (“Newlight”) offers this Newlight website (the “Site”) to you subject to the following terms and conditions (the “Terms”). Your use of the Site shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use this Site. If you have any questions about these terms, please contact us.
Newlight, or third parties granting rights to Newlight, hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of Newlight or such third parties. Newlight grants you a limited, personal, non-exclusive, and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this Site. You have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials on this Site in any manner. This limited use license terminates automatically, without notice to you, if you breach any of the Terms. Upon termination, you must immediately destroy any downloaded and/or printed materials. You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials on, related to, or referenced by the Site and you agree not to “frame” or “mirror” the Site or any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of Newlight. If Newlight becomes aware of inappropriate use of the Site, Newlight will respond in any way that, in its sole discretion, Newlight deems appropriate. You acknowledge that Newlight will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct.
All links to this Site by one or more third parties (“linking party”) must be approved in writing by Newlight, except that Newlight consents to links in which the link and the pages that are activated by the link do not:
Create frames or border environments around any page or materials on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site;
Create comparisons of Newlight products or services with competitive products or services;
Replicate any materials on this Site or any Newlight logo or Newlight trademark, including trademarks that are denoted by a “tm” or “TM” on the Site, without separate written consent by Newlight;
Misrepresent your relationship with Newlight;
Imply that Newlight approves or endorses the linking party, the linking party’s website, or the linking party’s service or product offerings in any way;
Present false or misleading impressions about Newlight or otherwise damage the goodwill associated with the Newlight name and/or trademarks;
Contain content that could be construed as abusive, threatening, harassing, profane or offensive, excessively violent, or which violates or encourages others to violate any applicable law;
Contain content that could be construed as obscene, pornographic, or sexually explicit materials; and
Contain content that is not appropriate for all age groups.
As a further condition to being permitted to link to this Site, the linking party agrees that Newlight may at any time, in its sole discretion, terminate permission to link to this Site. In such event, the linking party agrees to immediately remove all links to this Site.
By linking to the Newlight Site, linking party agrees to indemnify and hold Newlight safe and harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link. Newlight shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the use of this Site, the linking to this Site, or use of such link. Newlight makes no warranties express or implied, with respect to such links.
If, according to the above terms, the linking party’s requirement to link to this Site requires approval by Newlight, or the linking party is in any doubt about the linking party’s need to have the link approved, please contact Newlight via the Site and a Newlight representative will contact you.
Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by Newlight. Newlight does not warrant the accuracy or timeliness of the materials. Newlight has no liability for any errors or omissions in the materials, whether provided by Newlight or third parties.
THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. NEWLIGHT, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS SITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. NEWLIGHT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF NEWLIGHT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The descriptions, pictures, and other representations of products on this Site may contain inaccuracies and errors. Newlight does not make any warranty or representation with respect to the accuracy or completeness of any such information. Any prices and availability of products on this Site may change without notice to you at any time in Newlight’s sole discretion.
Newlight shall have the right to refuse or cancel any orders placed for product listed at incorrect prices. Newlight shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Newlight shall promptly issue a credit to your credit card account in the amount of the charge.
Newlight controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies, or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
All copyright information and trademarks on this Site are the sole property of Newlight and trademarks may not be used in connection with any product or service that is not a Newlight product or service.
Newlight may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.
Any action related to these Terms will be governed by the law of the State of California, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes, and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using this Site. As such, you shall indemnify and hold Newlight and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your submissions) violates any applicable law or regulation, or the rights of any third party.
Photograph credits: “Bee” Anita Martinz; “Lamium” Tim McCormack.
© 2012 Newlight Technologies, Inc. All rights reserved.