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Terms and Conditions

 

TERMS & CONDITIONS

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Access to this site is subject to the following terms and conditions and all applicable laws. Please review these terms and conditions periodically, as they are subject to change, or update at any time and at the discretion of New West Direct, Inc. If you do not agree to any term or condition, please do not use this site.

I. NOTICE OF COPYRIGHT

This World Wide Web site and all of its content, including the text and images used herein and their arrangement, is copyright ©2001 - 2011 New West Direct, Inc.

II. TRADEMARKS NOTICE.

New WestDirect.com, New West Direct, and all other New West Direct names, businesses, and products referenced herein are registered trademarks. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. New West Direct does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.

III. RESTRICTIONS OF USE.

Permission is not granted for use of the materials, information, text or graphics, and-or to hyperlink other Web Sites with this Web Site, or to use the materials on your Web Site in any way or for any reason without prior specific request & authorization from New West Direct.

New West Direct reserves all rights not expressly granted herein.

IV. THIRD PARTY SITES & LINKS.

New West Direct may from time to time provide links and pointers to Internet sites maintained by third parties and it may provide materials from third parties on this Web Site. These third party sites and any third party materials are provided solely for your convenience. New West Direct does not operate or control in any respect any information, products or services available on these third party sites and New West Direct is not responsible for their content. New West Direct makes no representations concerning the content of these sites and the fact that New West Direct has provided a link to such sites is NOT an endorsement, authorization, or affiliation by New West Direct with respect to such sites, its services, the products displayed, its owners, or its providers. Please access these sites at your own discretion.

V. LEGAL DISCLAIMER.

There are risks in using any information, software, or products found on the Internet; and New West Direct  cautions you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. NOTHING IN THIS WEB SITE CONSTITUTES A RECOMMENDATION OF ANY ITEM, PRODUCT OR BRAND.

ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH RESPECT TO THIS SITE'S CONTENT, NEW WEST DIRECT DOES NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT IS PRECISE, COMPLETE, OR CURRENT, NOR DOES IT WARRANT, LICENSE,  OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVICE WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH NEW WEST DIRECT ASSUMES NO LIABILITY.

ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEW WEST DIRECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

VI. LIABILITY LIMITATIONS.

New West Direct is not responsible for any infections, contaminations, hang-ups in operation or transmission, line failure, omissions, interruptions, or defects arising out of your use of this site or with respect to the information provided and/or contained on this site.

In no event shall New West Direct be liable for any special, direct, indirect, contingent, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in alliance with the use of or inability to use the information or materials on, or accessed through, the New West Direct Web Site.

Notwithstanding the above, in no event shall New West Direct' total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to New West Direct by you in connection with the transaction claimed by you to give rise to your claim.

VII. CORRESPONSENCE AND SUBMISSIONS.

All personal data communicated to NEW WEST DIRECT via the internet pursuant to placing an order, logging in or registering an account, such as name, e-mail address, physical address, telephone number and payment information, shall be treated as confidential and private information. Any communication or other materials which you submit to New West Direct or this Web site (including, but not limited to, e-mail, product reviews or other postings) relating to products, experiences, suggestions or other subject matter will be treated as non-confidential and non-private “Submissions.” All Submissions made to public areas, such as product reviews, are not subject to our policies.

You may post reviews, comments, and other content, and submit ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include of or contain software, commercial solicitation, mass correspondence, or any form of “spam.” You may not use false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin of any content. New West Direct hereby reserves the right to remove or edit content for any reason at its sole discretion.

By transmitting or posting any Submissions to New West Direct or to this Web site you grant New West Direct and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use the information of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant New West Direct the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content. You further agree that the license granted here includes all of the rights to use or authorize the use of any ideas, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products incorporating such information.

You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is truthful; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or Corporation; and that you will indemnify New West Direct or its affiliates for all claims resulting from content supplied. You agree that neither New West Direct nor its licensees will be liable to you for any use of any Submission. New West Direct has the right but not the obligation to monitor and remove any activity or content.

You acknowledge that you are solely responsible for any submissions you submit to New West Direct or this Web site and further agree that you, not NEW WEST DIRECT , have full responsibility for the information of any such submissions, including their legality, reliability and appropriateness.

VIII. JURISDICTION AND LAW.

New West Direct operates this Web Site from its offices located in New York, in the United States of America. New West Direct makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

This agreement, and any dispute, which arises from and out of this Web Site, shall be construed with the laws of the state of New York. Any legal action regarding this agreement or this Web Site shall be brought only in either the State or Federal Courts located within the City of New York, New York and by using this site you consent to personal jurisdiction within these courts.

IX. INQUIRIES.

If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to info@New WestDirect.com    

X. TERMINATION.

New West Direct or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. New West Direct may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.

XI. INTEGRATION.

This agreement constitutes the entire Agreement between you and New West Direct and supercedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of New West Direct.

XIII. OTHER.

The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.

 


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