|Table of Contents|
|VI.||License and Access|
|VII.||Accounts and Registration|
|VIII.||Making a Purchase|
|IX.||Prices, Payments, Refunds and Cancellations|
|XII.||New Chapter Subscription Policies|
|XVIII.||Use of Site|
When you visit the Site or communicate with New Chapter, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
If you are using the Site on behalf of a company, entity, or organization, then you represent and warrant that you (a) are an authorized representative of such company, entity, or organization; (b) have the authority to bind such company, entity, or organization to these Terms; and (c) agree to be bound by these Terms on behalf of such company, entity, or organization.
All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text, reviews, and other materials (collectively, the “Content”) is the property of New Chapter or its licensors, partners or affiliates and is protected by United States and international copyright laws. Unauthorized use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws. If you wish to use any Content, you need the express written permission of New Chapter. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at firstname.lastname@example.org.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to New Chapter, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of New Chapter, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
VI. License and Access
You have a limited license to use the Site for personal use only. This license does not permit you to (a) resell or make any commercial use of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read (this includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser); (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of Content or Marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
VII. Accounts and Registration
You represent and warrant that the information you provide to us upon creating an account on the Site and at all other times will be true, accurate, current, and complete. To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Any unauthorized use of your account will be your responsibility. You agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your email address, username and password on any device that you use to access the Site. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by e-mail at email@example.com. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.
In order to establish an account, you must:
- Provide us with your name, a valid e-mail address, and such other information as we may require from time to time;
- Create a password; and
- In accordance with our New Chapter Policies, to make a purchase online, you must be a legal resident of the 50 states of the United States of America or the District of Columbia and be at least 18 years of age.
You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your Account or password. We will not be liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your Account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the Site. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.
VIII. Making a Purchase
If you wish to purchase products or use certain services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when the item you purchased is shipped. Credit card orders shipped to a location other than your billing address may require additional verification. Tax is collected only on orders shipped to AL, AZ, AR, CA, CO, CT, DC, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY.
We only sell products to individuals who can purchase with a permitted payment method.
You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.
We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
IX. Prices, Payments, Refunds and Cancellations
Prices. The price for all items available for purchase through the Site will be displayed to you on the Site. There is no charge for standard shipping, but expedited shipping may be purchased at additional cost. Please see “Shipping” below for more information.
Payments. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
United States Dollars. All monetary transactions on the Site take place in U.S. dollars.
We currently accept the following payment methods:
- Discover Card
- American Express
New Chapter proudly stands behind the quality of every product we make. However, if you are not satisfied with our product, you can receive a refund of your full purchase price as noted:
If you purchased online from NewChapter.com your refund will be applied to the credit or debit card used for purchase.
- Contact us via email at firstname.lastname@example.org or by calling our Take Care Center at (888) 874-4461
- Provide your full name, order number, and the last four digits of the credit or debit card used for purchase
- Your refund will appear on your account in 3-5 business days
If you are a product subscriber from newchapter.com, please refer to the subscription policy here.
If you purchased your product in-store, or from one of our online retailers (not NewChapter.com), your refund will be provided in the form of a prepaid Visa card. To receive your refund, gather the following:
- Original UPC from the bottom of the product box
- Proof of Purchase including date and price paid
- Your full name and mailing address clearly printed
Mail these items in a stamped envelope to:
New Chapter MBG
PO Box 2052
Grand Rapids, MN 55745-2052
Offer Valid for Product Purchased 07/01/17-06/30/19. Your request must be postmarked within 60 days of purchase.
Offer limited to US residents only, 18 years of age or age of majority or older. Limit one refund per name, household, or address. Use of multiple addresses or P.O. boxes to obtain additional refunds is fraud and may result in prosecution. Multiple submissions will not be acknowledged or Refunded. Prepaid card accepted where Visa® cards are accepted. Not redeemable as cash or usable at ATMs or gas pumps. Card expires 6 months from issuance. Terms of prepaid card apply. Refund is limited to the purchase price and excludes taxes and any incidental or consequential damages, negligence, strict liability or any other legal theory. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This guarantee gives you specific legal rights and you may also have other rights, which vary from state to state. If UPC and valid original date receipt are not included in the request for refund, your prepaid card will not be issued. Reproduction, alteration, sale, trade, or purchase of this official form or proof of purchase is prohibited. Proof of purchase must be obtained from product purchased by you. No requests from groups, clubs, or organizations will be honored. We will not honor incomplete submissions. Not responsible for lost, late, or undelivered submissions. Please allow 6-8 weeks for delivery. For the status of your refund call 855-251-8511.
Cards are issued by Citibank, N.A. pursuant to a license from Visa U.S.A. Inc. and managed by Citi Prepaid Services. Cards will not have cash access and can be used everywhere Visa debit cards are accepted.
X. Product Descriptions
We try our best to be as accurate as possible. However, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.
XI. Shipping Policy
Shipping. When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process.
Orders will only be shipped to addresses within the 50 states of the United States of America, the District of Columbia, or Puerto Rico. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.
Our preferred shipping carrier is UPS SurePost. However, we reserve the right to use other shipping carriers.
All items must be shipped to a valid street address, PO box or APO box.
Shipping charges are based upon the shipment option you select at Checkout. The following shipping options are available. Not all shipping methods are available in all geographic areas, see www.ups.com/ for details:
Standard Delivery: (3-7 Business Days after Order is Shipped)
- Standard delivery is via UPS SurePost, where UPS provides interstate transit with the final delivery managed by the US Postal Service.
- Orders are typically delivered within 3 – 7 business days. Actual delivery time depends on shipping distance and may vary.
- Delivery to some remote addresses may require up to 2 additional days.
- See www.ups.com/ for additional details.
Second Day Delivery: (2 Business Days after Order is Shipped)
- Orders are typically delivered by the end of the second business day after they are shipped
- Your order will be shipped after your credit has been charged and/or any other necessary verification has been completed.
- Some locations in Alaska, Hawaii, Puerto Rico and remote areas may require additional transit time.
- See www.ups.com/ for additional details.
Rushed Delivery: (1 Business Day after Order is Shipped)
- Available for shipments to addresses within the 48 contiguous states and to limited addresses in Alaska and Hawaii.
- Your order will be shipped after your credit has been charged and/or any other necessary verification has been completed.
- See www.ups.com/ for additional details.
XII. New Chapter Subscription Policies
The New Chapter Subscription program offers the convenience of automatically delivering products you select right to your door on a schedule you set. New Chapter may also offer discounts and other promotions such as free shipping on items available as a subscription. New Chapter reserves the right to change or discontinue discounts and promotions without notice.
New Chapter Subscription Price & Promotions
Discounts on products eligible for subscription will be displayed at the time of subscription sign-up. Subscription discounts will be applied to the first order, and every subsequent delivery throughout the life of the subscription, or until the subscription is cancelled.
We currently accept the following payment methods for subscription orders:
- Discover Card
- American Express
Subscription Processing and Notification
Your first shipment of each New Chapter Subscription order you place will be processed within 24 business hours after you sign up. The billing and shipping addresses chosen for your initial order will be saved in your account and used on all future orders.
For recurring orders on subscription, we will send you email reminders to update you of your next shipments and any modifications to the item’s price or stock. You will have a chance to review and make changes to your Subscription delivery at any time, but changes need to be made up to 2 business days before the scheduled order date to avoid being billed for your next order.
You will also receive a shipping confirmation email once your package has left the warehouse, at which point your selected payment method will be billed. The estimated billing amount will be included. The total estimated cost will be the cost of the item plus sales tax, if any. Applicable discounts or promotions in effect at the time we confirm the price of your subscription order will be applied to your order.
Subscription orders scheduled to be processed over the weekend or a holiday will be placed on the next business day.
Unless you make changes to delay or cancel your order, we will charge your selected payment method on the day we process your order. Once an order has been processed and shipped, it is considered the property of the customer and the customer will be billed based on the amount estimated in the order confirmation e-mail.
Problems Processing Orders:
If any problems arise with the payment method associated with your subscription order, we will notify you via e-mail using the address associated with your New Chapter account requesting that you resolve the problem. No additional orders will be processed or shipped until the problem has been resolved.
In the unlikely event that a New Chapter Subscription item is not available on the day it is scheduled to be shipped, we will notify you of the delay. A Customer Service representative may contact you during this period to determine if there is an appropriate substitute for the item.
If a New Chapter Subscription item is no longer available, we will notify you and automatically cancel your subscription for that item. No additional orders associated with that subscription will be placed.
You may update your shipping & billing addresses and/or your preferred payment method at any time.
Your subscription and any related New Chapter Subscription discount(s) will remain in effect until you cancel your subscription. You can cancel scheduled New Chapter Subscription orders or individual items at any time.
If you want to cancel an order from the New Chapter Subscription program, you can do so up to 2 business days before your recurring order is scheduled to be processed without being billed. Your cancellation will immediately go into effect and you will no longer be charged for the subscription item which was cancelled.
If it is not cancelled 2 business days prior to the scheduled order date, your items may be shipped and billed based on your account information for that subscription item.
You may make eligible changes to your subscriptions by:
- Logging into your account on Newchapter.com and selecting “My Subscriptions”
- Or click the “My Subscriptions” link in any e-mail you receive with updates on your New Chapter subscriptions
- Or contact Customer Service:
|By Site-Based Chat:||Agents Available|
Monday - Friday
8 a.m. – 8 p.m. ET
New Chapter reserves the right to change the New Chapter Subscription policies at any time without notice. We may terminate your subscription at our discretion without notice.
Discounted and Free Trials: From time to time, to the extent legally permitted, we may offer discounted and/or free trials of certain subscriptions for specified periods of time without payment or with discounted payment. If we offer you a discounted or free trial, the specific terms of that trial will be provided in the marketing materials describing the particular trial or at registration.
ONCE YOUR DISCOUNTED OR FREE TRIAL ENDS, WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS AT THE THEN APPLICABLE PRICE FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE AS DESCRIBED ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR DISCOUNTED OR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE DISCOUNTED AND/OR TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION
XIII. Discount Codes
From time to time, we may offer qualified consumers “discount codes”, “promotional codes”, “promo codes”, or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site, subject to certain exclusions or any other restrictions as may be determined and communicated by us. Only valid offer codes provided or promoted by New Chapter will be honored at checkout. Codes supplied or promoted by third-parties unauthorized by us (including any unauthorized third party websites) will not be considered valid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘offer code’ field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is Refunded. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
Sponsors. From time to time, we may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by us for their statements.
XIV. Creative Ideas
We appreciate hearing from the public and welcome your comments regarding the Site. If you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
From time to time, we may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). You agree that any Reviews you submit must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site or submitting one to us in any way, you hereby grant us an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) your Review, for any purpose whatsoever, including promotion of the Site. You further grant us a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you provide. By posting or submitting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature. You represent, warrant, and covenant that (i) you either are the sole and exclusive owner of the Review that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in your Review as contemplated under these Terms, and (ii) the Review you submit does not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require us to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred; or (ii) introduce viruses, time-bombs, worms, Trojan Horses and/or other harmful or malicious code.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to New Chapter, Inc., 90 Technology Dr., Brattleboro, VT, 05301.
XVII. Other Sites
The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them
XVIII. Use of Site
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
frame or link to the Site without permission;
use data mining, robots, or other data gathering devices on or through the Site;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
disclose personal information about another person or harass, abuse, or post objectionable material;
sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
post advertising or marketing links or content, except as specifically allowed by these Terms;
use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability; or
access the Site from a jurisdiction where it is illegal or unauthorized.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk. We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include New Chapter, New Chapter, Inc. and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
XX. Limited Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEW CHAPTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
XXI. Conflict Resolution
These Terms and the relationship between you and us will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in the city of Brattleboro, VT. You agree to submit to the exclusive jurisdiction of arbiters in this forum, and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible.
You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Site:
YOU AGREE TO ARBITRATION
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
XXIII. Updating Terms
From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated. These Terms are effective JULY 16, 2018.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
XXVI. Entire Agreement
These Terms constitute the entire agreement between you and us with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.