1. INTRODUCTION

Welcome to www.Newlightpmc.com. The Website is owned and operated by Newlight Property Maintenance & Construction ("Newlight Property Maintenance & Construction","NPMC", "we", "us" or "our"). These terms of use apply to all of the Websites, Products and Services offered, distributed, owned, hosted, or operated by Newlight Property Maintenance & Construction, including, but not limited to www.Newlightpmc.com and any other site that we have owned or operated, do own and operate, or may own or operate in the future (collectively, the "Website").

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By i) using the Website, ii) purchasing any Products or Services from the Website or iii) utilizing any of the Products or Services from us through the Website, you signify your agreement to these Terms of Use. Our Updated Privacy Policy and California Privacy Policy are incorporated into this Agreement. If you do not agree to these Terms of Use, you may not use the Website. If you have any questions about these Terms of Use you may contact us at: contact@newlightpmc.com

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2. CONSIDERATION
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.

 

3. PRIVACY
Please review our Updated Privacy Policy and California Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

 

4. COPYRIGHTS

All contents of Website and Products are: Copyright © 2021 Newlight Property Maintenance & Construction. All rights reserved. All contents of Website, including, but not limited to text, graphics, logos, button icons, images, audio recordings, digital downloads, videos, products and data compilations, is the property of Newlight Property Maintenance & Construction and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Newlight Property Maintenance & Construction and protected by U.S. and international copyright laws.

 

5. TRADE MARKS

The “Newlight Property Maintenance & Construction” name, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Newlight Property Maintenance & Construction in the U.S. and/or other countries. Newlight Property Maintenance & Construction's trademarks and trade dress may not be used in connection with any product or service that is not rendered by Newlight Property Maintenance & Construction, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Newlight Property Maintenance & Construction. All other trademarks not owned by Newlight Property Maintenance & Construction that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Newlight Property Maintenance & Construction.

 

6. INTELLECTUAL PROPERTY RIGHTS

We own all intellectual property rights as expressed and presented on the Website, including, but not limited to the design, layout, presentation and functionality of the Website, and the text and content presented and/or contained in the Website or Products.

 

7. LIMITED RIGHT TO USE

The viewing, printing or downloading of any content, graphic, form or document from the Website grants you only a limited, nonexclusive, nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other non-personal use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. Any password or right given to you to obtain information or documents is not transferable.

 

You may not create a Website that frames this Website or any trademark or proprietary information located on this Website without NPMC's written permission. You may not use meta tags or any other type of hidden text utilizing NPMC's names or trademarks on a Website without NPMC's written permission.

 

Except for the limited rights expressly granted herein, all right, title and interest in and to the Website and all materials, software contained therein are reserved by NPMC, and, except as expressly granted herein, nothing contained in these Terms of Use or the Site shall be construed as conferring any right, title, interest or license with respect to the Website to you, by implication, estoppel or otherwise.

 

NPMC reserves the right to withdraw this limited license at any time.

 

Any copies you make of the materials (including by printing or by retaining electronic copies) for your personal use are subject to the following restrictions. 1 You may not remove or disassociate from any of the materials any copyright or other proprietary notices contained in the materials; 2 You may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms of use; and 3 You may not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms of use.

 

8. NO INTERRUPTION

You agree not to interrupt or attempt to interrupt the operation of any of NPMC's Websites in any way.

 

9. INDEMNIFICATION

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to your violation of these Terms of Use or your use of the Site.

 

10. NO REPRESENTATION OR WARRANTY

While NPMC makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and NPMC does not assume any responsibility for the accuracy, completeness or authenticity of any information contained in this Website. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN SITUATIONS, SO THE FOREGOING DISCLAIMER MAY OR MAY NOT APPLY TO YOU, EITHER IN WHOLE OR IN PART. THIS WEBSITE AND ALL INFORMATION, CONTENT AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM NPMC THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED HEREIN.

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11. LINKS
These Terms of Use apply only to this Website, and not to the websites of any other companies or organizations, including those to which this Website may link to. We are not responsible for the availability of any other site to which this Website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or webmaster.

 

Other websites may link to this Website only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Website. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Website, at our discretion at any time.

 

12. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

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13. PARENTAL PERMISSION AND MINIMUM AGE REQUIREMENT

The Website is not intended or directed to individuals under the age of 18 and we will not knowingly collect personally identifiable information from anyone under the age of 18. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users under a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

 

14. APPLICABLE LAW AND DISPUTES

These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of California. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

 

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Orange County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Orange County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

 

Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

15. AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

16. TERMINATION

These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination to contact@newlightpmc.com

 

We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

 

The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.

17. SEVERABILITY
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

18. WAIVER

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

 

19. MISCELLANEOUS LEGAL PROVISIONS

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. ENTIRE AGREEMENT
These Terms of Use and Conditions (along with the incorporated Privacy Policy and California Privacy Policy) are the complete and exclusive agreement between us and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between us and you relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

Updated November 8, 2020