THE SITE AND SERVICES ARE NOT TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE JUDGMENT, DIRECT MEDICAL SUPERVISION OR EMERGENCY INTERVENTION; OR FOR EMERGENCY USE OR FOR TRANSMISSION OR INDICATION OF ANY REAL-TIME ALARMS OR TIME CRITICAL DATA. YOU AGREE THAT THE SITE AND SERVICES SHOULD NOT BE USED TO MAKE MEDICAL DECISIONS. ALL PATIENT MEDICAL DIAGNOSES AND TREATMENT ARE TO BE PERFORMED UNDER THE SUPERVISION AND OVERSIGHT OF AN APPROPRIATE HEALTHCARE PROFESSIONAL. NEITHER NEWYU NOR ANY OF ITS AFFILIATED COMPANIES ARE RESPONSIBLE OR LIABLE FOR ANY DIAGNOSIS, DECISION OR ASSESSMENT MADE ANY INJURIES INCURRED AS A RESULT OF ANY DECISIONS MADE BASED ON THE CONTENT OF THE SITE AND SERVICES.
By using the Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to the Terms and to fully indemnify and hold harmless Newyu if the Minor breaches any of the Terms. Children under 13 years old may not use the Site at any time or in any manner or submit any information to us or the Site.
We provide content through the Site that is copyrighted and/or trademarked work of Newyu or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of the terms, and your compliance with the terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of the terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site
You can simply view the Site and not use any Services on the Site. You need not register with us to simply visit and view the Site.
Links to Third-Party Sites
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
When using the Site and/or the Services provided on or through the Site, you agree not to:
* Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of such solicitation.
* Use any robot, spider, scraper or other automated means to access the Site.
* Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
* Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to post to the Site (or use the Services) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Site or to any other user of the Site and/or Services. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.
You agree to indemnify and hold Newyu Entities and their respective officers, directors, employees, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities and expenses (including attorneys’ fees and costs of defense) Newyu or any other indemnified party suffers 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 violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Unless otherwise specified in the terms, all information and screens appearing on the Site, including documents, services, Site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Newyu, Copyright © 2015. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties
Your use of the Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by Newyu, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on the Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.
NEWYU, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND MATERIALS CONTAINED OR PRESENTED ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEWYU DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
NO NEWYU ENTITY SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL NEWYU BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF NEWYU KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
We control and operate the Site from our headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions or related materials to us, whether by letter, email, telephone or otherwise (collectively, “Feedback”) suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. you hereby assign all right, title and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce or distribute any such ideas, know-how, concepts or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction or distribution.
We prefer to advise you if we feel you are not complying with the terms and to recommend any necessary corrective action. However, certain violations of the terms, as determined by us, may result in immediate termination of your access to the Site without prior notice to you. The Federal Arbitration Act, Washington state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern the terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to the terms or the Site will be heard in the courts located in Washington. If any of the terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of the terms is not a waiver of such term. The terms are the entire agreement between you and Newyu and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Newyu about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of the terms.
If you have any questions about the terms or otherwise need to contact us for any reason, you can reach us at email@example.com[TH5].
BY USING THE SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. IF YOU ELECT TO SUBSCRIBE TO ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, THOSE PRODUCTS AND SERVICES (COLLECTIVELY, THE “SERVICES”) WILL BE SUBJECT TO SEPARATE TERMS OF SERVICE (THE “TERMS OF SERVICE”) WITH A NEWYU ENTITY AND YOUR AGREEMENT TO THE APPLICABLE TERMS OF SERVICES SHALL BE A CONDITION TO YOUR USE OF THOSE SERVICES.