You must be at least eighteen (18) years of age and be able to form legally binding contracts to use the web pages, resources, blog entries, white papers, publications, features, documents and services available from the domain and subdomains of newwestthebook.com (the “Services”). You hereby represent and warrant that you are at least 18 years of age, that you have the right, capacity, and authority to form legally binding contracts, and that you will use the Services only in a manner that is consistent with its intended use and with all laws, regulations, and NEW WEST policies.
Information contained on or made available through the Site is not intended to and does not constitute professional advice, recommendations or counseling under any circumstance. The Site and your use thereof does not create a client relationship with NEW WEST. You should not act or rely on any information on the Site without seeking the advice of a competent architectural or real estate professional in your jurisdiction.
Signing up as a Client requires you to provide certain information about yourself to NEW WEST. This information includes, but is not limited to, your first name, last name, and e-mail address. You agree to provide true, accurate, complete, and current information. Although NEW WEST assumes no independent obligation to verify such information, if you provide any information that NEW WEST suspects in NEW WEST’s sole discretion, or knows to be, untrue, inaccurate, or incomplete, NEW WEST has the right to suspend or terminate your account or take any other action that NEW WEST deems necessary to protect the integrity of the Service.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to NEW WEST, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You are solely responsible for any and all messages, information, communications, transmissions, postings, opportunities, member profiles, questions, advertisements, or any other information of any type (hereinafter referred to as “Content”), that you provide, submit, enter, publish, display, or send (hereinafter referred to as “post”) to the Site or the Service or to any NEW WEST web site. You hereby represent and warrant that you will not provide any information to WOWA WEST, the Site or the Service, that is false, inaccurate, misleading, or deceptive. Further, if any information that you have previously provided becomes false, inaccurate, misleading, or deceptive, you agree that you will promptly correct such information.
We may make available through the Site sample forms, checklists, professional resources, business documents and legal documents (collectively, "Documents"). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. You should consult with an architectural or real estate professional in your jurisdiction to determine the appropriate documents necessary for your particular needs, as the Documents are only samples and may not be applicable to a particular situation.
NEW WEST grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. You may not use any data mining, robots, or similar data gathering/extraction tools on, or any automatic device or manual process to copy or “scrape,” the Services, the Content or on any NEW WEST web site. You may not attempt to gain unauthorized access to the Services. Further, you may not frame any portion of the Services and you may not reproduce, reprint, copy, publicly display, store, broadcast, transmit, modify, translate, port, sublicense, assign, transfer, loan, sell, publicize or create derivative works from the Services, the Content, or any portion thereof without our prior written consent.
The NEW WEST logo, “NEW WEST”, “newwestthebook.com” and other trademarks or servicemarks that appear on the site are the exclusive property of NEW WEST. The Services and the Content contain copyrighted material, servicemarks, trademarks, and other proprietary information of NEW WEST. You agree that NEW WEST owns and retains all proprietary rights in all intellectual property belonging to NEW WEST, including, but not limited to trademarks, servicemarks, copyrights, text, illustrations, instructions, files, images, designs, software, graphics, photos, sounds, music, videos, information, materials, products, services, URLs, technology, documentation, interactive features, the "look and feel" of the web site, the compilation, assembly and arrangement of the materials of the web site and any and all copyrightable material (including source and object code) or otherwise. Without NEW WEST’s prior express written authorization, you shall not use any NEW WEST intellectual property, copyrighted material, trademark or servicemark. The Services, the Content and all software used in connection with the Services and the Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that you will not distribute, duplicate, copy, lease, rent, loan, sell, distribute, or create derivative works based on the Services, the Content or software, in whole or in part. You agree that you will not copy, adapt, emulate, or create derivative works of any function, functionality, feature, web page, graphic, user interface, or any other component of the Services, the Content or the Site.
LINKS TO OTHER WEB SITES
The Site may contain links to third party web sites or services that are not owned or controlled by NEW WEST. NEW WEST has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that NEW WEST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
To the extent a password is provided to you for access to a portion of the Site, you agree to keep your password confidential and to notify NEW WEST promptly if such password is lost or stolen or if you become aware of unauthorized use of such password. You acknowledge that you are fully responsible for all activities that occur under your password.
You may not in any way use the NEW WEST Service or any NEW WEST web site to post, distribute, or reproduce in any way any copyrighted material, trademark, or other proprietary information without having first obtained the prior written consent of the owner of such materials. 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 hosted by NEW WEST infringe your copyright (for example, materials posted by NEW WEST on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the web site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow NEW WEST to locate the material on the web site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by NEW WEST against you, the DMCA permits you to send NEW WEST a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see U.S. Copyright Office at copyright.gov for details. Notices and counter-notices with respect to the web site should be sent to Randolph G. McCalla, 987 University Avenue, Suite 20, Los Gatos, CA 95032 (NEW WEST’s “designated agent”). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
You agree to indemnify and hold NEW WEST and its subsidiaries, affiliates, directors, officers, agents, employees, licensors, and partners, harmless from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your use of the NEW WEST Service, Content you submit, post, transmit, or otherwise make available through the NEW WEST Service, your violation of this Agreement, or your violation of any rights of another party.
AMENDMENTS AND MODIFICATIONS
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, THE CONTENT AND THE SITE IS AT YOUR SOLE RISK. WOWA WEST AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY. THE SERVICES, THE CONTENT AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WOWA WEST AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND LICENSORS DO NOT REPRESENT OR WARRANT THAT A) ANY WOWA WEST SITE WILL OPERATE ERROR-FREE; B) THAT WOWA WEST’S SITE AND COMPUTER SYSTEMS ARE FREE OF COMPUTER VIRUSES, OR OTHER HARMFUL SOFTWARE OR MECHANISMS; C) THAT THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS; OR D) THAT THE SERVICES OR THE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE IN MEETING YOUR NEEDS OR ANY OTHER OBJECTIVES. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM WOWA WEST, OR THROUGH OR FROM ANY WOWA WEST WEB SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WOWA WEST AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND LICENSORS SHALL 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 OR REVENUE, GOODWILL, USE, DATA, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WOWA WEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: A) THE USE OR THE INABILITY TO USE THE SERVICES OR THE CONTENT; B) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA OR TRANSMISSIONS; C) CONDUCT OR STATEMENTS OF ANY MEMBER OR THIRD PARTY ON THE SERVICES OR IN THE CONTENT; OR D) ANY OTHER MATTER RELATING TO THE SERVICE OR THE CONTENT.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WOWA WEST IS FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS ABSOLUTELY LIMITED TO THE GREATER OF: A) THE TOTAL FEES PAID TO WOWA WEST BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE ACTION GIVING RISE TO THE LIABILITY; OR B) $100 (ONE HUNDRED) UNITED STATES DOLLARS.
In some jurisdictions limitations of liability or of warranties are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
CHOICE OF LAW AND JURISDICTION
This Agreement and the relationship between you and NEW WEST shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and NEW WEST hereby submit to, and agree to submit to, the personal and exclusive jurisdiction of the courts location within Santa Clara County, California, United States of America.
We make no representation that any Content on any NEW WEST web site is appropriate or available for use in locations outside of the United States, and accessing any NEW WEST site from territories or locations where the Content of the NEW WEST sites or NEW WEST Service is illegal is prohibited. If you choose to access any NEW WEST site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all local laws.
Legal notices to NEW WEST shall be sent via registered mail or overnight courier to Randolph G. McCalla at 987 University Avenue, Suite 20, Los Gatos, CA 95032 (NEW WEST’s “designated agent”). Legal notices to you may be sent via the NEW WEST messaging system, e-mail, or postings on the Services. In the event a legal notice is sent to you via the NEW WEST messaging system or via a posting on the Services, such notice shall be deemed given effective immediately upon its posting.
The section headings in this Agreement are for convenience only and have no legal or contractual effect.
NEW WEST’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
SEVERABILITY OF TERMS
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and all other provision of this Agreement shall remain in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action against NEW WEST arising out of or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.
Your NEW WEST account is non-transferable and any rights to your NEW WEST account or Content within your account may not be transferred, assigned or otherwise conveyed, by operation of law, estate, or otherwise, without the prior written consent of NEW WEST.