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 firstname.lastname@example.org or (480) 704-4385.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.).
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.
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.
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.
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.
Please direct any questions you may have about these Terms, technical questions or problems with the Services, or comments or suggestions to NewAm at email@example.com or (480) 704-4385.
Leave us a note and we will get back to you promptly.
Can’t wait? Call us now at (480) 704-4385
We’d love to hear from you.
9096 E. Bahia Dr., Ste. 103
Scottsdale, AZ 85260
Leave us a note and we will get back to you promptly.
Can’t wait? Call us now at (480) 704-4385
We’d love to hear from you.
9096 E. Bahia Dr., Ste. 103
Scottsdale, AZ 85260