Terms of Service
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you") and NewU ("Company", "we'
"us", or "our"), concerning your access to and use of
the https://newumeals wixsite.com/website website as well as any other media form
media channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the "Site"). We are registered in New York, United
States and have our registered office at 543 Moriches-Middle Island Rd, Manorville,
NY 11949. The Site provides an online marketplace for the following goods, products,
and/or services:
(the "Marketplace Offerings"). In order to help make the
Site a secure environment for the purchase and sale of Marketplace Offerings, all
users are required to accept and comply with these Terms of Use. You agree that by
accessing the Site and/or the Marketplace Offerings, you have read, understood, and
agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL
OF THESE TERMS OF USE. THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST
DISCONTINUE USE IMMEDIATELY
Supplemental terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or modifications to these Terms of
Use at any time and for any reason. We will alert you about any changes by updating
the "Last updated" date of these Terms of Use, and you waive any right to receive
specific notice of each such change. Please ensure that you check the applicable
Terms every time you use our Site so that you understand which Terms apply. You
will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use of the Site
after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are
applicable
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may
not use this Site. You may not use the Site in a way that would violate the Gramm-
Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age of 18) must
have the permission of, and be directly supervised by, their parent or guardian to use
the Site. If you are a minor, you must have your parent or guardian read and agree to
these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Marketplace Offerings are our
proprietary property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site (collectively, the
"Content) and the trademarks, service marks, and logos contained therein (the
"Marks") are owned or controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and international
conventions. The Content and the Marks are provided on the Site "AS IS" for your
information and personal use only. Except as expressly provided in these Terms of
Use, no part of the Site or the Marketplace Offerings and no Content or Marks may
be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are granted a limited license to
access and use the Site and to download or print a copy of any portion of the Content and the Marks.
USER REPRESENTATIONS
By using the Site or the Marketplace Offerings, you represent and warrant that: (1)
you have the legal capacity and you agree to comply with these Terms of Use; (2)
you are not under the age of 13; (3) you are not a minor in the jurisdiction in which
you reside, or if a minor, you have received parental permission to use the Site; (4)
you will not access the Site or the Marketplace Offerings through automated or non-
human means, whether through a bot, script or otherwise; (5) you will not use the
Site for any illegal or unauthorized purpose; and (6) your use of the Site or the
Marketplace Offerings will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings for any illegal or unauthorized
purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among
unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal
drugs or other illegal products; alcoholic beverages; games of chance; and
pornography or graphic adult content, images, or other adult products. Postings of
any unauthorized products or content may result in immediate termination of your
account and a lifetime ban from use of the Site.
We are a service provider and make no representations as to the safety.
effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of
any of the information contained on the Site or the Marketplace Offerings displayed
or offered through the Site. You understand and agree that the content of the Site
does not contain or constitute representations to be reasonably relied upon, and you
agree to hold us harmless from any errors, omissions, or misrepresentations
contained within the Site's content. We do not endorse or recommend any
Marketplace Offerings and the Site is provided for informational and advertising
purposes only.
MARKETPLACE OFFERINGS
We make every effort to display as accurately as possible the colors, features,
specifications, and details of the Marketplace Offerings available on the Site.
However, we do not guarantee that the colors features specifications, and details of
the Marketplace Offerings will be accurate, complete, reliable, current, or free of other
errors, and your electronic display may not accurately reflect the actual colors and
details of the products. All Marketplace Offerings are subject to availability, and we
cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace
Offerings may be available exclusively online through the Site. Such Marketplace
Offerings may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We reserve the right to limit the quantities of the Marketplace Offerings offered or
available on the Site. All descriptions or pricing of the Marketplace Offerings are
subject to change at any time without notice, at our sole discretion. We reserve the
right to discontinue any Marketplace Offerings at any time for any reason. We do not
warrant that the quality of any of the Marketplace Offerings purchased by you will
meet your expectations or that any errors in the Site will be corrected.
PURCHASES AND PAYMENT
We accept the following forms of payment:
-
VE
You agree to provide current, complete, and accurate purchase and account
information for all purchases of the Marketplace Offerings made via the Site. You
further agree to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we cal
complete your transactions and contact you as needed. Sales tax will be added to
the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order. If your order is subject to
recurring charges, then you consent to our charging your payment method on a
recurring basis without requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per
order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
RETURN POLICY
All sales are final and no refund will be issued.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or directory without
written permission from Us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
3. Circumvent, disable or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm
another person.
6. Make improper use of our support services or submit false reports of abuse or
misconduct
7. Use the Site in a manner inconsistent with any applicable laws or regulations
8. Engage in unauthorized framing of or linking to the Site.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party's uninterrupted
use and enjoyment of the Site or modifies, impairs. disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Marketplace
Offerings.
10. Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to impersonate another user or person or use the username of
another user.
13. Upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
14. Interfere with, disrupt, or create an undue burden on the Site or the networks
or services connected to the Site.
15. Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Marketplace Offerings to you.
16. Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
17. Copy or adapt the Site's software, including but not limited to Flash, PHP,
HTML. JavaScript, or other code.
18. Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part of
the Site.
19. Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, on offline reader that
accesses the Site, or using or launching any unauthorized script or other software.
20. Use a buying agent or purchasing agent to make purchases on the Site.
21. Make an unauthorized use of the Marketplace Offerings, including collecting
usernames and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by automated
means or under false pretenses.
22. Use the Marketplace Offerings as part of any effort to compete with us or
otherwise use the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
23. Use the Site to advertise or offer to sell goods and services.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site or the Marketplace Offerings
("Submissions") provided by you to us are non-confidential and shall become our
sole property. We shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions
for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions,
and you hereby warrant that any such Submissions are original with you or that you
have the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE WE
RESERVE THE RIGHT TO. IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE
MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF
ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR
DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME
WITHOUT WARNING. IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.