1. USE OF THE WEBSITE
2. INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE
The Content is the exclusive property of NLDS or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of NLDS or others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of NLDS or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other NLDS material, please contact NLDS at firstname.lastname@example.org. Permission to copy articles posted on the Website for limited internal reference or personal use only may also be obtained through purchase of an annual license.
You may not use the Website for any unlawful purpose. You shall honor all reasonable requests by NLDS to protect NLDS’s proprietary interests in the Website.
If you believe that any Content or other material posted on the Website infringes your copyright, you must file a notice of infringement and NLDS will address your concerns in accordance with the Digital Millennium Copyright Act.
Information identifying the copyrighted work or works you believe is being infringed.
Information identifying the material you believe is infringing your copyright, including exact permanent URL and any other information that will allow NLDS to locate the allegedly infringing material.
Your address, telephone number, email address and any other relevant contact information.
A statement that you have a good faith belief that the use of the allegedly infringing material on the Website is not authorized by you, your agent or the law.
A statement that the information provided to NLDS is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices should be sent with your name and physical or electronic signature to the New Leaf Data Services LLC headquarters, 1177 High Ridge Road Suite 138, Stamford, CT 06905, 888-502-7298.
Please note that by submitting an infringement notification, you are initiating a legal process. You may be liable for damages or other legal consequences if you make any false claims or otherwise misuse this process.
3. LIMITATION OF LIABILITY
Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Website.
THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. NLDS DOES NOT MAKE ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE WEBSITE, THE WEBSITE’S OWN CONTENT, OTHER CONTENT (AS DEFINED IN SECTION 5 BELOW), OR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEBSITE.
NLDS, ITS AFFILIATES, AND ALL THIRD PARTY PROVIDERS AND LICENSORS (COLLECTIVELY, THE “NLDS PARTIES”) HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NONE OF THE NLDS PARTIES SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
IN NO EVENT WILL ANY OF THE NLDS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEBSITE. NONE OF THE NLDS PARTIES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEBSITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEBSITE AND ANY CONTENT ON THE WEBSITE OR OTHERWISE. IN NO EVENT WILL ANY OF THE NLDS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE.
NLDS assumes no responsibility for the use of third party software on the Website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
4. LINKS TO OTHER WEB SITES
You may, through hypertext or other computer links, gain access to websites operated by persons other than NLDS. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites’ owners. You agree that NLDS is not responsible for the content or operation of such websites, and that NLDS shall have no liability to you or any other person or entity for the use of third party websites. Except as described below, a hyperlink from this Website to another website does not imply or mean that NLDS endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from the Website.
5. THE USER’S CONTENT
The User grants to NLDS the non-exclusive right to use all material submitted, uploaded, or otherwise made available into the Website by the User (other than third party material transmitted through private electronic mail) in any of NLDS’s print or electronic publications (“Other Content”).
Users entering material into the Website are responsible for the Other Content. NLDS does not have any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Website. NLDS retains the right, which it may exercise in its sole discretion, to review, edit, or delete Other Content that NLDS deems to be (i) illegal, (ii) offensive, (iii) in violation of contractual obligations; or (iv) otherwise inappropriate.
You may not input or distribute any material through the Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of NLDS.
The User agrees to indemnify the NLDS Parties from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that the NLDS Parties, their employees, and authorized representatives may incur as a result of either: (i) the User’s breach of this Agreement or (ii) material entered into the Website with the use of the User’s username or password.
6. ANTI-HACKING PROVISION
You expressly agree not to:
use the Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website or the Content found on or accessed through the Website without prior express written consent;
obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
in any way bypass or circumvent any other measure employed to limit or prevent access to the Website or its Content;
violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with this Website, through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website;
take or attempt any action that, in the sole discretion of this Website’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or such operation’s infrastructure.
7. ADDITIONAL LEGAL TERMS