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NEWSBOUND TERMS OF SERVICE

Last Updated: February 1, 2015

ACCEPTANCE OF TERMS

These Terms of Service constitute a binding agreement between you and Newsbound (“NEWSBOUND”). By accessing and using the Newsbound and Stacker websites (the “Site”), you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms”). NEWSBOUND reserves the right to change or amend these Terms at any time without notice. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

DESCRIPTION OF SITE AND SERVICES

NEWSBOUND operates the Site to provide certain services (“Services”). These Services include access to information and content regarding Newsbound, and the products, services and opportunities we provide. “Content” means all the information and data available on the Site.

The Services and Content provided are meant to inform the public about Newsbound and the products, services and opportunities we provide, and are intended for private, individual and non-commercial uses only.

PRIVACY

NEWSBOUND respects user privacy. NEWSBOUND maintains a comprehensive privacy policy that controls NEWSBOUND’s collection, use and disclosure of user data. Please review NEWSBOUND’s Privacy Policy, available here.

THIRD PARTY SITES AND SERVICES

The Site may include links to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site, such as Facebook, Twitter and Google+. When you access third party websites, you do so at your own risk. These other websites are not under NEWSBOUND’s control, and you acknowledge that NEWSBOUND is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by NEWSBOUND or any association with its operators. You further acknowledge and agree that NEWSBOUND 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.

INDEMNIFICATION

YOU WILL BE RESPONSIBLE FOR ANY HARM WE SUFFER AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE OR ANY BREACH BY YOU OF YOUR REPRESENTATIONS AND WARRANTIES.

You agree to indemnify and hold harmless NEWSBOUND and its affiliates and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these terms of use or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

LIMITATION OF LIABILITY

A. Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWSBOUND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEWSBOUND EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID NEWSBOUND, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT NEWSBOUND HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

B. Release of Liability

NEWSBOUND may take any action with respect to user content that it deems necessary or appropriate in its sole discretion if it believes that such user content could create liability for NEWSBOUND, damage NEWSBOUND’s brand or public image or cause NEWSBOUND to lose (in whole or in part) the services of its Internet Service Providers or other suppliers.

We expect that you will use caution and common sense when using NEWSBOUND. Because user authentication on the Internet is difficult, NEWSBOUND cannot and does not confirm that each user is who they claim to be. As third party websites are used in features on this site, refer to the policies to these third party websites referenced in “THIRD PARTY SITES AND SERVICES” in these Terms.

If you are a California resident, you agree to waive California Civil Code Section 1542, which says:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

The Site, Services and Content may contain inaccuracies or typographical errors. NEWSBOUND makes no representations about the accuracy, reliability, completeness or timeliness of any NEWSBOUND Content. The use of the Site and all Content and Services is at your own risk. Changes are periodically made to the Site and Services and may be made at any time.

NEWSBOUND cannot guarantee and does not promise any specific results from use of the Site and Services. No advice or information, whether oral or written, obtained by a user from NEWSBOUND shall create any warranty not expressly stated herein.

DISCLAIMER OF WARRANTIES

Your Use of Our Site is Subject to Certain Disclaimers.

OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE BY IMPLEMENTING APPROPRIATE SECURITY SAFEGUARDS, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. IN ADDITION, WE STRONGLY URGE YOU TO BACK UP ALL OF THE PERSONAL CONTENT THAT YOU MAINTAIN ON THE SITE.

CHOICE OF LAW AND FORUM

These Terms and the relationship between you and NEWSBOUND shall be governed by the laws of the State of California without regard to its conflict of law provisions. Except to the extent otherwise determined by NEWSBOUND, any action or proceeding arising from or relating to these Terms must be brought in the State of California, and each party irrevocably submits to the jurisdiction and venue of any such courts and waive any objection as to inconvenient forum in any such action or proceeding. You further agree that you and NEWSBOUND will not commence against the other a class action, class arbitration or other representative action or proceeding.

TRADEMARKS

Newsbound, Newsbound.com and other Newsbound graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of NEWSBOUND. NEWSBOUND’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NEWSBOUND.

CONTACT INFORMATION

Please send any questions or comments, or report any violations of these Terms, to:

Newsbound Legal Compliance
2370 Market St., Suite 463
San Francisco, CA 94114

talk@newsbound.com