Newrite Content, and its subsidiaries (collectively, “Newrite Content”, “we”, “us”, or “our”) provide newrite.co, as well as the other websites that we operate and that link to these Terms of Use (collectively and individually, “Websites”) to you subject to these Terms of Use (“Terms”). By accessing and using the Websites, you accept and agree to be bound by these Terms and by Newrite Content’s Privacy Policy. If you do not agree to these Terms, you may not access or use the Websites. In addition, when accessing the Websites you shall be subject to any posted guidelines or rules applicable to the Websites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.

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Should there be any conflict between these Terms and any statement of work, master service agreement, or any other service agreement concluded with Newrite Content (“Service Agreement”), the Service Agreement shall prevail.

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1. Modification of Terms

 

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions, or deletions (“Modifications”) will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute your acceptance of such Modifications.

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2. Changes to Websites

 

We may change or discontinue any aspect, service, or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.

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3. Registration

 

You may be given the opportunity to register via an online registration form or by participating in Interactive Areas, such as feedback forms, forums, and other community features, to create a user account (“Your Account”) that may allow you to provide feedback to users of Our services and/or Websites (“Users”), receive information from Us or Users, and/or participate in certain features on the Websites. We will use the information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Websites so that it remains current, complete, and accurate.

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4. User Content Guidelines

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The following terms apply to content submitted by you:

• The Websites may contain feedback forms, comments sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload your feedback or other user-generated content, comments, video, photos, messages, or other materials (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk.

• By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post, or otherwise transmit any User Content that violates or infringes upon the rights of others, including any statements which may defame, harass, stalk, or threaten others.

• You agree not to represent or suggest, directly or indirectly, Newrite Content’s endorsement of User Content.

• You agree not to upload, post, or otherwise transmit any User Content, software, or other materials that contain (or may contain) a virus or other harmful or disruptive component.

• You agree not to use any technology, service, or automated system to artificially inflate the page views that your User Content receives.

• You agree not to use any technology, service, or automated system to post more User Content than an individual could upload in a given period of time.

• Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right to remove or edit User Content submitted by you.

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5. Intellectual Property Rights

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All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, and arrangement of the Content present on the Websites is owned by or licensed to Newrite Content. Such Content is protected by copyright, trademark, and other intellectual property laws.

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You may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish, or transmit the Websites or Content in any way without our express written permission or as permitted by applicable laws.

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6. Payments

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Price: Projects will be performed on a firm fixed price in accordance with the pricing chart on the website. Projects may be performed on a fixed price basis or a time and materials basis, as agreed upon between you and Newrite Content, which will be duly reflected in writing in the Statement of Work/Contract. Any additional or unscheduled Services or Deliverables to be provided by Newrite Content outside of the Statement of Work must be mutually agreed upon in writing by both parties.

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Unused Credit Refund: In respect of unused credits in a particular month within any subscription plan opted for by you, the money equivalent will be refunded pro-rata to the extent of the unused credits within 15 days from the end of the month.

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Satisfaction Guarantee Refund: If at any time you are not satisfied with the services provided by Newrite Content, even if you have used the full monthly credits, we will refund 20% of the monthly subscription value. This refund policy applies regardless of the amount of service utilized during the month.

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Taxes: The price does not include and you will be responsible for all taxes (except taxes on Newrite Content’s income), tariffs, and any similar charges imposed upon or related to the Services or Deliverables or their delivery or use.

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Title and Security Interest: Newrite Content reserves a purchase money security interest in each Deliverable until payment of the Project Price is received. You agree to sign, upon request, any documents necessary to protect Newrite Content’s security interest in all Deliverables.

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7. User Conduct Guidelines

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The following terms apply to your conduct when accessing or using the Websites:

• You agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Websites.

• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Websites, use of the Websites, or access to the Websites.

• You agree not to engage in any activity that would constitute a criminal offense or give rise to civil liability.

• You agree not to impersonate any person or entity, including, but not limited to, a Newrite Content employee, affiliate, agent, or contractor, or falsely state or otherwise misrepresent your affiliation with any person or entity.

• You agree not to interfere with any other User’s right to privacy, including by harvesting or collecting personally identifiable information about Users or posting private information about a third party.

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8. Limitation of Liability

Under no circumstances shall Newrite Content, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, goodwill, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability, however, shall be limited to the maximum extent permitted by law.

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9. Indemnity

You agree to defend, indemnify, and hold harmless Newrite Content, its affiliates, and their respective directors, officers, employees, contractors, and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Websites or Services. Newrite Content reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Newrite Content with such cooperation as is reasonably requested.

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10. Termination

We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 8 and 9 shall survive termination of these Terms.

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11. Governing Law

Any and all disputes, claims, and controversies arising out of or in connection with your access to, and/or use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites shall be governed by and construed exclusively in accordance with the laws of the jurisdiction where Newrite Content is headquartered. You hereby irrevocably and unconditionally consent to and submit to the exclusive jurisdiction of the courts located in that jurisdiction for any and all disputes, claims, and controversies arising out of or relating to these Terms.

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12. Confidentiality

Newrite Content and you acknowledge that during the course of performance of a project, information of a confidential nature may be disclosed between the parties. Such information, excluding deliverables and any other information incident to the deliverables that could reasonably be expected to be provided to the other party as contemplated hereunder, shall be considered confidential information (“Confidential Information”).

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Neither party has the right to disclose the Confidential Information of the other, in whole or in part, to any third party, and neither party will make use of the Confidential Information of the other for its own or a third party’s benefit or in any way use such Confidential Information other than for the purposes of performance of these Terms, without the prior written consent of the disclosing party.

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Each party agrees to take all steps reasonable to protect the other’s Confidential Information from unauthorized use and/or disclosure. The parties agree not to copy, modify, or distribute any Confidential Information without prior written consent from the other party.

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13. Prohibited Uses

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You are prohibited from using the site or its content:

(a) for any unlawful purpose

(b) to solicit others to perform or participate in any unlawful acts

(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

(f) to submit false or misleading information

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website

(h) to collect or track the personal information of others

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape

(j) for any obscene or immoral purpose

(k) to interfere with or circumvent the security features of the Service or any related website or the Internet.

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We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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14. No Waiver

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The failure of Newrite Content to assert or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

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15. Severability

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If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

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16. Entire Agreement

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These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

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Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

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17. Governing Law and Dispute Resolution

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These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Newrite Content is headquartered. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the applicable arbitration rules of that jurisdiction.

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If you have any questions regarding these Terms of Use or other practices of Newrite Content, please contact us at: support@newrite.co.

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