Terms and Conditions

Effective Date: 1st January 2020
 

Please read these Terms and Conditions ("Terms and Conditions") carefully because they govern the exchange of services between yourself, the client, and the company, E. H. Newton and/or its affiliates. By accessing the services provided by E. H. Newton, you expressly agree and consent to these Terms and Conditions. To make these Terms and Conditions easier to read, the services provided by the company are collectively called the "Services". If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use. In that case, "you" and "your" will refer to that entity.
 

IMPORTANT NOTICE REGARDING ARBITRATION: IF YOU ARE AN INDIVIDUAL, WHEN YOU AGREE TO THESE TERMS OF USE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND E. H. NEWNTON THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 13.A "DISPUTE RESOLUTION; INDIVIDUALS" BELOW FOR DETAILS REGARDING ARBITRATION.
 

1. PRIVACY POLICY.
 

Please review our Privacy Policy which also governs your use of the Services, for information on how we collect, use and share your information.
 

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.
 

3. PAYMENT.
 

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.
 

2. Please note that E. H. Newton uses a domestic or an international third-party payment service, the latter of which may result in international transactions fees billed to your credit card, (collectively, the "Payment Service"), to collect payments for all fees. At the time of purchase, you will provide E. H. Newton your payment information and we will pass that along to the Payment Service. Please note that any international transaction fees that you may incur are charged by your bank and not by E. H. Newton. All questions concerning such fees should be directed towards your bank. Any information you provide us in connection with payment that we provide to the Payment Service may also be subject to the Payment Service's user agreement and privacy policy. You acknowledge and agree that E. H. Newton is not, and will not be, responsible or liable for the Payment Service's services, its site or any acts or omissions of the Payment Service. Price and availability of any Services are subject to change without notice. Refunds and exchanges will be subject to E. H. Newton's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred, including without limitation, any taxes that may be applicable.
 

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.
 

4. Effect of Changes on Arbitration. Notwithstanding anything to the contrary in these Terms and Conditions, if E. H. Newton changes any of the terms of this Section 13.A "Dispute Resolution; Individuals" after the date you most recently accepted these Terms and Conditions, you may reject any such change by sending us written notice (including by email to esther@ehnewton.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of E. H. Newton’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and E. H. Newton in accordance with the terms of this Section 13.A "Dispute Resolution; Individuals" as of the date you most recently accepted these Terms of Use.
 

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.
 

1. Entire Agreement. These Terms of Use constitute the entire agreement between you and E. H. Newton and govern your use of the Services, superseding any prior agreements between you and E. H. Newton with respect to the Services.
 

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.
 

8. Assignment. You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without E. H Newton prior written consent. Any attempt by you to assign or transfer these Terms and Conditions, without such consent, will be null. E. H. Newton may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
 

10. CONTACT INFORMATION.
 

If you have questions about these Terms and Conditions or the Services, please contact us at esther@ehnewton.com.