Terms and Conditions
Effective Date: 1st January 2020
2. YOUR OBLIGATIONS TO COMMISSION AN ASSIGNMENT.
You may use the Services only if you are at least 18 years of age and are not a person barred from receiving services under the laws of the applicable jurisdiction. For certain features of the Services. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Services' registration form.
1. While certain Services are provided free of charge, some of our Services require payment. In order to use our Services that have fees associated with them, you must accept the amount due to be paid, the method and provide accurate billing and payment information when prompted. You agree to pay E. H. Newton for all charges incurred under the contract / the assignment, including all applicable taxes, fees and surcharges. You will be informed about any additional to an initial agreed payment before such will be applied. You authorize E. H. Newton to charge your designated payment method for such charges. If E. H. Newton, for any reason, does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by E. H. Newton or its operators. Every time you use the Services, you reaffirm that (i) E. H. Newton (or its designated vendor acting as its billing agent) is authorized to charge your designated payment method; (ii) E. H. Newton may submit charges incurred under the contract / assignment for payment; and (iii) you will be responsible for such charges.
4. REFUND AND EXCHANGE POLICY.
We want you to be 100% satisfied with our Services. If you are less than satisfied or feel there has been an error in billing, please contact us immediately so that we can help you resolve the issue.
5. THIRD PARTY SITES OR RESOURCES.
You may obtain access to third party sites or other resources through the Services. We provide such access only as a convenience and we do not undertake any responsibility or liability for information, products or services of third parties even if you access them through our Services. Your correspondence or business dealings with any such third party (including advertisers found on or through the Services), are solely between you and such third party. You agree that E. H. Newton shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties' links and/or ads on the Services and E. H. Newton expressly disclaims any responsibility or liability for any material communicated by third parties through the Services or for any claims, damages or losses resulting from the use thereof.
6. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.
Changes to the Services. E. H. Newton reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without advance notice.
7. PROPRIETARY RIGHTS.
E. H. Newton design logo are registered service or trademarks of E. H. Newton. All related products and service names, design marks and slogans are also the service marks or trademarks of E. H, Newton. You agree that the Services and any software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
8. DISPUTE RESOLUTION.
A. Individuals. If you are an individual, the provisions of this Section 13.A apply to you with respect to any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes"):
1. Mandatory Arbitration of Disputes. We each agree that any Disputes will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. This arbitration provision shall survive termination of these Terms and Conditions.
2. Exceptions. As limited exceptions to Section 13.A(1) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
3. Injunctive and Declaratory Relief. Except as provided in Section 13.A(2) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
B. Legal Entities. If you are a company or other legal entity, the provisions of this Section 13.B apply to you with respect to any Disputes.
9. GENERAL TERMS.
2. User Remedies. You acknowledge that, except as expressly provided elsewhere in these Terms and Conditions, your only right with respect to any dissatisfaction with any modification or discontinuation of Services made by E. H. Newton or any policies or practices in providing the Services, you will cancel your use of service provided by E. H. Newton. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
3. Waiver and Severability of Terms. The failure of E. H. Newton to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
5. Amendment. We reserve the right to update or amend these Terms and Conditions at any time at our sole discretion. If we do, we will let you know by posting updated Terms and Conditions to the Sites and/or through other communications. If you continue to use the Services after we have posted updated Terms and Conditions it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. If applicable to you, the only exception is for changes to the "Dispute Resolution; Individuals" section, for which you have followed the process in Section 13.A(7).
6. Term and Termination. These Terms and Conditions are effective until terminated. E. H. Newton, at its sole discretion, may terminate your access to or use of the Services, at any time and for any reason.
7. Section Titles. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
10. CONTACT INFORMATION.
If you have questions about these Terms and Conditions or the Services, please contact us at email@example.com.