NewAm Health Terms of Service

Last Updated: January 3, 2020

Welcome to NewAm New American Health, LLC and its affiliates (collectively, “NewAm”) applications that run on mobile devices and tablets (“Applications”), the websites operated by NewAm, and other social media and online locations such as Facebook, Twitter, Instagram and LinkedIn (the “Websites”, and each a “Website”). NewAm provides the Websites and Applications as a service to you subject to the following Terms of Use (“Terms”).

If you have a question whether a site is a Website of NewAm, or if an entity is an affiliate of NewAm, please check the information and materials posted on such site, or contact NewAm at info@newamhealth.com or (480) 704-4385.

1) ACCEPTANCE OF TERMS OF SERVICE AND PRIVACY POLICY

Please carefully read the following Terms before using the Services. By accessing or using any Service, linking to any Service or otherwise electronically indicating your acceptance of these Terms, you acknowledge that (i) you have read, understood and agree to be bound and abide by these Terms and (ii) you have read, understood and agree to be bound by the NewAm Privacy Policy made available at http://newamhealth.com/privacy-policy/ (the "Privacy Policy"), which Privacy Policy is hereby incorporated by this reference. If at any time you do not agree to these Terms or the Privacy Policy, please do not access or use the Services, or any of their Content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SERVICES AND THEIR CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS AND NEWAM’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SERVICES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time in NewAm’s sole discretion. Unless otherwise provided by notice to you, all changes are effective immediately when posted, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. Accordingly, you should check these Terms regularly for updates so you are aware of any changes, as they are binding on you. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of this page.

2) AGE AND TERRITORY RESTRICTIONS

The Services are directed to persons 18 years of age or older who reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with NewAm and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

3) PERMITTED USE OF SERVICES

The content available through or on the Services, including without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of NewAm and/or its licensors. You agree not to: (i) reproduce, duplicate, modify, copy, sell, resell, create, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or exploit for any commercial purpose, any portion of the Services or the Content other than as expressly authorized by NewAm in writing; (ii) access or use the Services by any means other than through a standard web browser or Applications, as applicable; or (iii) remove, obscure, or modify any acknowledgments, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on or in the Services or Content. All use of the Services or Content not expressly permitted by these Terms is prohibited and may be actionable under all applicable laws.

4) ADDITIONAL AND SPECIAL TERMS

Additional or special terms may apply to some products or services offered on or through the Service, including any sweepstakes, contests, or promotions that may be offered on or through the Services. Such terms (which may include official rules and expiration dates) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. By entering such sweepstakes or contests or participating in such promotions you will become subject to those terms or rules. We urge you to read the applicable terms or rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such sweepstakes, contests and promotions. Any such special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms shall take precedence.

5) MEDICAL DISCLAIMER

The Content and the Services are for informational purposes only and they are not intended to be a substitute for professional medical advice, diagnosis or treatment. Neither NewAm nor any NewAm Entities are offering advice, recommending or endorsing any specific prescription drug, pharmacy or other information on or through the Content or the Services. Neither NewAm nor any NewAm Entities provide any warranty for any of the pricing data or other information included in the Content or the Services. Please seek medical advice before starting, changing or terminating any medical treatment. Never disregard professional medical advice or delay in seeking it because of the Services or Content therein. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your medical condition. Reliance on any information provided by NewAm or any NewAm Entities, or their employees, directors, suppliers, or others is solely at your own risk.

6) SERVICE ACCESS AND ACCOUNT SECURITY

NewAm reserves the right to withdraw or amend any Service, and any other service or material provided on or through the Service, in our sole discretion without notice. NewAm will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, NewAm may restrict access to all or some parts of the Service to users, including registered users.

Some Services may restrict access to the Services or to sections or features of the Services and may have a separate agreement or supplemental terms that address access and use thereof. You may be asked to provide certain registration details or other information. It is a condition of your use of that Service that all the information you provide is correct, current, and complete, and such disclosure is subject to the Privacy Policy and you consent to all actions NewAm takes with respect to the information thereto.

If you choose, or are provided with, a user name, password, or any other piece of information as part of NewAm’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. NewAm will act as though any electronic communications it receives under your passwords, username, and/or account have been sent by you. You agree to notify NewAm immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. NewAm will not be liable for any loss that you may incur as a result of unauthorized use, regardless if you had knowledge of such unauthorized use.

7) PROPRIETARY RIGHTS

You acknowledge and agree that, as between NewAm and you, NewAm, or its licensors as applicable, owns all right, title, and interest in and to the Services and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights therein and are valid and enforceable and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Copyright:

All Content included in the Services are the copyright and property of NewAm or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Services for the sole purpose of using the Services as a personal or internal resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content or the Services, are strictly prohibited.

Trademarks:

The trademarks, service marks, logos, slogans, trade names, and trade dress used on or displayed in the Services are trademarks of NewAm, its affiliates, or its licensors. You must not use such marks without the prior written permission of NewAm. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners and do not constitute or imply affiliation, endorsement or recommendation by NewAm, or of NewAm by such third parties.

8) YOUR INDEMNITY OF NEWAM

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD NEWAM, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT (COLLECTIVELY, THE “NEWAM ENTITIES”), HARMLESS FROM ANY AND ALL LOSSES, LIABILITIES, DAMAGES, JUDGEMENTS, AWARDS, COSTS, AND CLAIMS OR DEMAND, INCLUDING WITHOUT LIMITATION INJURY TO PERSON OR PROPERTY OR DEATH, AND REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF (A) YOUR USER CONTRIBUTIONS AND CONNECTION OR SUBMISSION TO OR USE OF THE SERVICES OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF NEWAM OR ANY THIRD PARTY.
NEWAM RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO YOUR INDEMNIFICATION, AT YOUR COST AND EXPENSE, AND IN SUCH CASE YOU WILL COOPERATE WITH NEWAM’S DEFENSE OF SUCH CLAIM. YOU SHALL NOT SETTLE OR COMPROMISE ANY SUCH CLAIMS, ACTIONS, SUITS, INVESTIGATIONS OR PROCEEDING WITHOUT NEWAM'S PRIOR WRITTEN CONSENT.

9) USER GENERATED CONTENT

Communications Services:

The Services may have social media pages, blogs, chat areas, forums, comments, rankings, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities (collectively, “Communication Services”) that allows users to post, submit, publish, display, or transmit to other users or NewAm on or through the Services or otherwise posted, directly or indirectly, NewAm’s social media pages, including without limit Facebook, Twitter, and Instagram (collectively, “User Contributions”). All User Contributions must comply with the Content Standards set out in these Terms. For the avoidance of doubt, User Contributions posted to NewAm’s social media pages outside the Services, are subject to these Terms.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant NewAm and its affiliates and service providers, and each of their respective licensees, successors, and assigns an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion to (i) use, reproduce, modify, perform, display, distribute, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display, in whole or in part your User Contribution, along with your name, username, caption, text, tags, or any part thereof and your city/town/village community of residency and otherwise disclose to third parties any such material for any purpose; and (ii) incorporate, in whole or in part, your User Contribution into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, moral rights, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your User Contributions.

You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to NewAm and its affiliates and service providers, and each of their respective licensees, successors, and assigns; (ii) your User Contributions do not infringe any other person’s or entity’s rights; (iii) you and any other person mentioned or shown in your User Contributions, and your and their representatives, agents, heirs, executors and assigns, are 18 years old or older, and have the right to grant the rights hereunder concerning NewAm’s or its designees’ use, modification or distribution of the User Contributions or any part thereof, including without limitation any name, address, likeness, voice, statements, actions or biographical information; (iv) your User Contributions do not contain any automated devices, bots, viruses, scripts, or any similar software; (v) you have not been and will not be paid or compensated by anyone else for posting your User Contributions or any part thereof or for the rights granted to NewAm in these Terms, and no third party agent, manager, union or anyone else is entitled to be paid or compensated as a result of your User Contributions or the rights granted to NewAm in these Terms; and (vi) all of your User Contributions do and will comply with these Terms, any applicable laws or regulations, or other terms or rules of any Communication Services and will not include any confidential or private information.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NewAm, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. NewAm is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.

Monitoring and Enforcement:

NewAm has the right to: (i) remove, pre-screen, edit, modify, delete, move, or refuse to post any User Contributions for any or no reason in its sole discretion; (ii) take any action with respect to any User Contribution that it deems necessary or appropriate in its sole discretion, including if NewAm believes that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (v) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, NewAm has the right to cooperate fully with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS NEWAM AND NEWAM ENTITIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Notwithstanding anything to the contrary in these Terms, you agree and understand that NewAm cannot review all material before it is posted on or through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, NewAm assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. NewAm has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards:

Failure to comply with the following content standards (the "Content Standards") constitutes a material breach of these Terms. The Content Standards apply to any and all User Contributions and use of any Communication Service. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or the Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; (x) give the impression that they emanate from or are endorsed by NewAm or any other person or entity, if this is not the case; (xi) violate any code of conduct or other guidelines which may be applicable for any particular Communication Services.

Other Prohibited Activities:

You shall not: (i) take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure or otherwise in a manner that may adversely affect performance of the Services or restrict or inhibit any other user from using and enjoying the Communication Service or the Services; (ii) use the Services for unauthorized framing or linking, or via automated devices, bots, spider agents, scraping, scripts, intelligent search or any similar means of access to the Content for any purposes, including monitoring or copying any of the Content on the Service; (iii) aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Services in any manner; (iv) upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights; (v) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (vi) use any Service to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation; (vii) harvest or otherwise collect information about others, including email addresses, without their consent; (viii) falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; (ix) engage in any other action that, in the judgment of NewAm, exposes it or any third party to potential liability or detriment of any type; or (x) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services or otherwise interfere with the proper working of the Services.

Reliance on Information Posted:

The information presented on or through the Services are made available solely for general information purposes. NewAm does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information, including User Contributions, are strictly at your own risk. NewAm disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
The Services includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by NewAm, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NewAm and it is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10) CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

NewAm has registered a Registered Copyright Agent with the United States Copyright Office, which limits its liability under the Digital Millennium Copyright Act. It is NewAm’s policy to terminate the account of any user who repeatedly infringes copyright, or other intellectual property rights, upon prompt notification to NewAm by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted in a way that constitutes copyright infringement, please provide NewAm’s Copyright Agent a notice containing the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website or Application (for example, providing URL(s) in the body of an email is the best way to help NewAm locate content quickly on a Website); (iv) your name, address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

NewAm’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached at:

Copyright Agent, NewAm Health, LLC, 9096 East Bahia Drive, Suite 103, Scottsdale, Arizona 85260
Telephone: (480) 704-4385
Email: info@newamhealth.com

11) LINKS

Links to Other Websites and Search Results:

The Services may contain links to websites operated by other parties. The Services provide these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of NewAm and NewAm is not responsible for the content available on any third party sites. Such links do not imply endorsement of information or material on any other site and NewAm disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that NewAm shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource. If you decide to access any of the third-party websites linked in the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Links to the Websites:

You may link another website to a Website or Application subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of NewAm or the Services; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with NewAm or the Services; (iii) when selected by a user, the link must display the Website or Application on full-screen and not within a “frame” on the linking website; (iv) you must not take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms; and (v) NewAm reserves the right to revoke its consent to the link at any time and in its sole discretion. You agree to take down the link if NewAm revokes its consent.

12) MODIFICATIONS TO THE WEBSITES AND APPLICATIONS

NewAm reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services, or any portion thereof, or any Content, with or without notice. You agree that NewAm will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Service.

13) SUSPENSION AND TERMINATION RIGHTS

NewAm reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Services or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that NewAm shall not be liable to you or any third party for any such suspension or termination.

14) DISCLAIMER

YOU UNDERSTAND THAT NEWAM CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, NEWAM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE SERVICES AND CONTENT AND THE INFORMATION, OTHER SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE SERVICES, INCLUDING WITHOUT LIMITATION TEXT, PHOTOS, VIDEO, GRAPHICS, OR OTHER IMAGES, CONTENT, VIEWS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWAM, NEWAM ENTITIES, AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE SERVICES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.

15) LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWAM, NEWAM ENTITIES, AND THEIR RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE SERVICES. IN NO EVENT SHALL NEWAM, THE NEWAM ENTITIES, OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF NEWAM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITES, APPLICATIONS OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE SERVICES SHALL NOT EXCEED FIFTY DOLLARS (U.S.).

Exclusions and Limitations:

Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

16) GOVERNING LAW AND DISPUTES

These Terms shall be governed by, and will be construed under, the laws of the State of Delaware, U.S.A., without regard to choice of law principles, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. You irrevocably agree that the exclusive venue for any disputes arising between you and NewAm out of, under, or in connection with these Terms, the Services, or their Content shall be conducted in Maricopa County, Arizona, U.S.A. Any cause of action or claim you may have with respect to these Terms, the Services, or their Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

You agree that any dispute between you and NewAm arising out of or relating to these Terms, the Privacy Policy, the Services, or their Content, excluding any claims by NewAm seeking injunctive relief, will be decided only by arbitration, individually and not on a class-wide basis. YOU KNOWINGLY WAIVE ANY RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION or “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against NewAm. The laws of the State of Delaware, U.S.A., without regard to choice of law principles, shall apply to any dispute between you and NewAm, except as to matters relating to arbitration, which shall governed by the Federal Arbitration Act. Any arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association before one arbitrator mutually selected by the parties and will take place in Maricopa County, Arizona, U.S.A. If the parties cannot mutually select an arbitrator, you and NewAm shall each select an arbitrator, which two arbitrators shall mutually select a third arbitrator who will preside over the arbitration. The remedy for any claim shall be limited to actual damages, and in no event shall you be entitled to recover punitive, exemplary, consequential or incidental damages, including attorney’s fees or other costs related to bringing a claim, or to rescind these Terms or seek injunctive or any other equitable relief arising out of or related to the Submission or these Terms.

The Services are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. NewAm does not represent that the Services or Content are appropriate outside the United States of America. NewAm reserves the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in its sole discretion.

17) FORCE MAJEURE

NewAm shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.

18) MISCELLANEOUS

These Terms and the Privacy Policy set forth the entire understanding and agreement between you and NewAm with respect to the subject matter hereof. If any provision of these Terms or the Privacy Policy 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 these Terms or the Privacy Policy shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. NewAm’s failure to act with respect to any failure by you or others to comply with these Terms or the Privacy Policy does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or the Privacy Policy or your rights or obligations under these Terms or the Privacy Policy without the prior written consent of NewAm, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms or the Privacy Policy.

19) QUESTIONS

Please direct any questions you may have about these Terms, technical questions or problems with the Services, or comments or suggestions to NewAm at info@newamhealth.com or (480) 704-4385.