Terms of Service

These Terms of Use are effective as of November [ ], 2014.

Terms of Use
By accessing, browsing, and/or using the New Profit Inc. (“New Profit”, “we”, “us”, or “our”) website located at www.newprofit.com (the “Site”), you acknowledge that you have read, understood, and agreed to be bound by these terms of use (these “Terms of Use”).

These Terms of Use may be updated from time to time by New Profit without prior notice to you. You may read a current, effective copy of these Terms of Use at any time by selecting the “Terms of Use” link on the Site. You should periodically visit this page to review the current Terms of Use, and continued use of the Site indicates agreement to be bound to the current Terms of Use. Any use of the Site after the effective date shall constitute your acceptance of these Terms of Use.

Privacy Policy
At New Profit, we respect the privacy of our users, and your access to the Site is governed by our privacy policy located at http://newprofit.com/cgi-bin/iowa/siteinfo/68.html (“Privacy Policy”), which is incorporated into these Terms of Use by reference. By accessing, browsing, and/or using the Site, you consent to our collection and use of personal data as outlined in our Privacy Policy.

You agree that these Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of these Terms of Use on the grounds that it was electronically transmitted or authorized.

The Site may include links to third-party websites, such as websites operated by news outlets, to enhance your experience with the Site. New Profit cannot control linked sites and is not responsible for and does not endorse such sites or any content, goods, or services available on or through such sites. You should contact the site administrator or Webmaster for such third-party websites if you have any concerns regarding such links or any content located on such third-party websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any third-party websites, you do so at your own risk.

You agree to comply with all applicable United States laws and regulations and recognizing the global nature of the Internet, should you reside outside the United States, all applicable laws regarding online conduct and transmission of technical data exported from the United States or the country in which you reside.

Use of the Site
This Site contains material, including but not limited to software, text, graphics, and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to Us through arrangements that We have with third parties. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under these Terms of Use. No other use is permitted without our prior written consent. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Site, (4) delete or alter any material posted on the Site by New Profit or any other person or entity, or (5) frame or link to any of the materials or information available on the Site.

Release and Indemnification
By using the Site, you agree to release, discharge, and hold harmless New Profit, its affiliates, their respective officers, directors, employees, volunteers, agents, suppliers, or licensors (collectively, the “New Profit Parties“) from any and all losses, damages, rights, claims, actions of any kind, and injury arising out or relating to the Site or any act or omission by any person, including without limitation, any dispute between you and any other person or any Content. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You agree to indemnify, defend and hold the New Profit Parties harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of or relating to your access to, use, or misuse of the Site, including without limitation, any Content, your connection to the Site, your violation of these Terms of Use, or your violation of any right of another. New Profit reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the New Profit’s defense of such matter.

Limitation of Liability and Disclaimer of Warranties
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE NEW PROFIT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEW PROFIT DOES NOT WARRANT THAT THE SITE IS SECURE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR WILL MEET YOUR REQUIREMENTS. ANY MATERIAL DOWNLOADED THROUGH OR FOR THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.

New Profit neither makes any warranties about the Site or the information contained herein, nor assumes any liability for use of this Site. The information provided on the Site does not constitute legal, medical, or financial advice. While every effort is made to ensure the accuracy of the information on these pages, no guarantees are provided and you should not rely on it for any financial, medical, or legal purpose. New Profit does not warrant or make any representations regarding the use or the results of the use of this Site in terms of its quality, correctness, security, accuracy, reliability, or otherwise.

In no event shall the New Profit Parties be liable for any direct, indirect, punitive, incidental, special, exemplary, or consequential damages or damages for loss of profits, including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if such New Profit Party has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on this Site, the use or inability to use the Site, any linked site or resource, or any other matter relating to the Site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with the Site or with these Terms of Use, your sole and exclusive remedy is to discontinue use of the Site.

New Profit reserves the right to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice.

Proprietary Information
All Content, including the New Profit name and logo, are protected by copyright, patent, trademark, trade dress, trade secret, or other proprietary rights and laws. All rights in such materials are reserved to their respective owners, and none of the Content may be retransmitted without the express written consent from the respective owner for each and every instance. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.

The trademarks, service marks, and logos of New Profit (the “New Profit Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of New Profit. Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the New Profit Trademarks, the “Trademarks”). Nothing on this Site or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of New Profit specific for each such use. The Trademarks may not be used to disparage New Profit or the applicable third party, New Profit’s or third party’s products or services, or in any manner (using reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the New Profit’s prior written consent.

Copyright Information
New Profit respects the intellectual property rights of others. While New Profit does not intend to put any of your copyrighted material on the Site without your consent, you may find material that you believe to violate your copyright. If this is the case, you may notify Us at webmaster@newprofit.com. Upon receipt of such notice, New Profit, at its discretion, may decide to remove or disable access to the alleged infringing material. If such action is taken, New Profit may choose to make a good-faith attempt to contact the original submission source to notify them of the action.

Termination of Terms of Use
New Profit reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. New Profit reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

The following sections shall survive the termination of these Terms of Use: Release and Indemnification, Limitation of Liability and Disclaimer of Warranties, Proprietary Information and Miscellaneous.

Miscellaneous
These Terms of Use constitute the entire agreement between you and New Profit and governs your use of the Site, superseding any prior agreements between you and New Profit with respect to the Site. These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and New Profit expressly agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Suffolk County, Massachusetts. The failure of New Profit to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Site.

Questions? Concerns? Suggestions?
Please contact us at webmaster@newprofit.org to report any violations of these Terms of Use or to pose any questions regarding these Terms of Use.