Newcomb Spring Corp. Terms of Service

Newcomb Spring's strives to make the order process as easy as possible. If you have any questions regarding our order procedures, please contact the plant nearest you directly or email us at privacy@newcombspring.com.

Consent to Terms of Service, Conditions, and Use

Your use of www.newcombspring.com ("Website") is contingent upon your acceptance of and compliance with the Privacy Policy and these Terms of Service. These documents are intended to be legally binding and have the force and effect of a contract between you ("User" or "You") and Newcomb Spring Corporation (defined below). By using this Website you acknowledge and agree (1) that you have read, fully understand, and agree to these documents (2) that you are authorized to agree to these terms and conditions and (3) that you are voluntarily entering into this Agreement of your own free will. If you do not agree to these terms, do not use this Website.

Definitions

"Agreement" or "Terms" shall refer to the Terms of Service.

"Newcomb Spring" or "Company" or "us" or "we" or "our" shall refer to Newcomb Spring Corporation.

"Privacy Policy" shall refer to the Newcomb Spring Corporation privacy policy located at www.newcombspring.com/privacy-policy.

"User" or "You" or "Your" shall refer to the individual(s) accessing this Website. Additionally, You are deemed to be an authorized agent of any employer, agency, or other entity on whose behalf You access this Website.

"Website" shall refer collectively to the www.newcombspring.com site, its pages and internal links, and any updates, enhancements, and/or new features available on the Website.

License and Intellectual Property

Newcomb Spring permits You to use this Website on Your acceptance of these Terms. Newcomb Spring grants You a nonexclusive, limited, terminable, non-transferable license to use the Website. You may not use the Website for commercial purposes, or in any other way except as described herein. The license does not extend to permit unauthorized use of copyrighted material, Company trademarks, or other protected information. All materials on the Website, except where noted, are the exclusive property of Company, and may not be reproduced, copied, disseminated, downloaded, reused, distributed, transmitted, sold, modified, or used for any purpose except use of Website without the express written consent of Company. Any unauthorized use may violate copyright, trademark, or other laws. Newcomb Spring retains all ownership rights in the Website and intellectual property used on the site.

Specifically, but not by way of limitation, the terms "Newcomb Spring Corporation" and "Springulator", the kangaroo design, and all original works of authorship, including the design and content of Website, are owned by Newcomb Spring and protected by applicable copyright and trademark law. By granting use of this Website to User, Company does not grant to User any interest in or rights to use the intellectual property of Company without express written consent.

User Conduct and Prohibited Acts

User acknowledges and agrees that this Website is for informational purposes only and that nothing contained on Website, except as provided herein, shall be considered as a basis of any bargain, representation, warranty, or contract between User and Company. The primary use of this Website is to educate You and promote our Company, and allow You to communicate with us concerning our brand, Your needs, and our products and services.

We monitor communications sent to Company through the Website. Company reserves the right to terminate User's license at any time, for no reason or any reason at all. The following activity will not under any circumstances be tolerated: fraudulent, false, or misleading communications; harassing communications; illegal, abusive, or threatening communications; infringement of copyright, trademarks, or patents; sexually explicit or obscene communications; defamatory communications; or communications harmful to minors. You may not send us links, uploaded material, or material to be downloaded if it contains malicious, harmful, or destructive content. Further, You agree to not use the Website to attempt to or gain unauthorized access to other computer systems or data.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any material communicated to Company using the Website.

Content and Services

Company endeavors to keep the Website up-to-date and accurate. However, the material available through the Website may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the material available through the Website. Changes are periodically made to the Website, and may be made at any time. Further, Company reserves the right to have portions of or the entire Website unavailable from time to time, as needed for maintenance, or for reasons beyond Company's control.

Communications from Newcomb Spring

You consent to receive communications from Newcomb Spring electronically. Newcomb Spring will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Newcomb Spring provides to You electronically shall satisfy any legal requirement that such communications be in writing.

Newcomb Spring may periodically contact You for customer service purposes. By accessing the Website or services, You consent to receive such communications. Your participation in such customer service initiatives shall be entirely voluntary. Newcomb Spring shall keep any personally identifiable information obtained through such initiatives confidential, except as stated in our Privacy Policy and as required by law. Newcomb Spring may use, in the aggregate, any information gained through such customer service initiatives that is not personally identifiable in its marketing or sales materials and initiatives.

Commercial Sales/No Waiver

All sales initiated through Website communications shall be subject to all applicable commercial and regulatory laws. Nothing herein shall be construed as a waiver of any rights, remedies, or protections that Company would ordinarily have in commercial transactions outside of the Website. These rules and regulations include but are not limited to international treaties, trade embargoes, and laws affecting international commerce, the laws of the United States of America, and the commercial code of the State of Georgia, where all sales and contracts initiated through this Website shall be deemed to have occurred unless otherwise agreed. If You have questions or concerns about these applicable rules and regulations, You should consult with legal counsel of Your choice.

Third-Party Links

Website may contain links to third-party sites. These sites are not in the control of Company, and Company is not responsible for the operation of or information contained on these sites. You should refer to the privacy policy and terms of use of such third-party sites. You agree that You access such links and material voluntarily, and shall have no recourse against Company. You agree that Your only remedy for content on such third-party sites is to cease using them. The inclusion of a link on the Website does not imply any endorsement by or any affiliation with Company. Although the Company is under no obligation to do so, Newcomb Spring reserves the right to disable links to or from any and all third-party sites.

Requesting a Quote

Newcomb Spring makes no guarantees regarding the accuracy of the products and services quotes provided through the Website. The quotes provided through the Website are strictly estimates and Newcomb Spring does not guarantee the accuracy of any estimates. All estimates are based on information provided by You and may be subject to additional charges which may increase the ultimate cost of the services and products to be provided. All quotes provided by the Website are intended solely as a guide and are subject to change. Newcomb Spring shall not be obligated to perform any services or provide any goods as a result of any quote you obtain through this Website. Prior to rendering any services or providing any goods, You shall enter into a separate agreement with Newcomb Spring which shall govern such customer relationship. The terms of such agreement may differ substantially from the information provided by this Website. Newcomb Spring shall not be liable for any inaccuracies between any online quote and the final agreement nor shall Newcomb Spring be liable for any losses incurred as result of Your reliance on any quote obtained through the Website.

Termination and Modification

Nothing herein shall be construed as a contract for a definite term. By using this Website User is not an employee or agent of Company. Company may at any time and for any or no reason suspend or terminate User's license. Upon violation of any of the terms and conditions of use, User's license automatically terminates.

Company reserves the right to amend these Terms of Service at any time, with no notice at all. Such changes will be effective when the Company posts the revised Terms of Service as part of the Website or on any related website. The most current version of the Terms of Service can be reviewed at www.newcombspring.com/terms-of-service. Continued use of Website after such changes constitutes acknowledgment and acceptance of any such changes. You should periodically review the Terms of Service as you are bound by the Terms of Service as posted from and after the time the changes are posted. Any revised Terms of Service shall supersede all previous versions.

Choice of Law and Jurisdiction

These Terms of Service shall be construed and enforced under the laws of the State of Georgia, USA without reference to the choice of law principles thereof. You hereby consent to and submit to the jurisdiction of the federal and state courts located in the State of Georgia. You waive any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum.

DISCLAIMER OF WARRANTIES

COMPANY PROVIDES THIS WEBSITE "AS IS" AND "AS AVAILABLE" AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. COMPANY DOES NOT MAKE ANY PROMISE, REPRESENTATION, OR AFFIRMATION CONCERNING THE OPERATION, AVAILABILITY, ACCURACY, TIMELINESS, OR CONTENTS, PRODUCTS, OR SERVICES CONTAINED ON, WEBSITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL BE FREE OF COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE, AND ANY OTHER MALWARE, MALICIOUS CODE, OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED, OR DISSEMINATED THROUGH, RELATED TO, OR AS A RESULT OF THE WEBSITE, (IV) WILL MEET YOUR REQUIREMENTS, OR (V) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. COMPANY DOES NOT INTEND USER TO RELY ON THE ACCURACY OF THE INFORMATION ON WEBSITE; USER SHOULD CONDUCT ITS OWN DUE DILIGENCE AND ASSUMES ALL RISKS. NO WRITTEN OR ORAL REPRESENTATIONS OR INFORMATION GIVEN BY WEBSITE OR ITS REPRESENTATIVES WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR REPRESENTATIONS. COMPANY EXPRESSLY DISCLAIMS AND EXCLUDES ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY OF NON-INFRINGEMENT, EXCEPT TO THE EXTENT COMPANY EXPRESSLY CLAIMS EXCLUSIVE RIGHTS HEREIN. COMPANY FURTHER DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, OR COMMUNICATIONS THROUGH, RELATED TO, OR AS A RESULT OF USE OF THE WEBSITE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, STATUTORY, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR SERVICES, THE ACCURACY OF THE INFORMATION ON WEBSITE, USE OF THE SERVICES OR TRANSACTSION THROUGH THIS WEBSITE, OR THE AVAILABILITY OF ALL OR PART OF WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS, OR RELATIONS THROUGH RELATED TO OR AS A RESULT OF THE WEBSITE.

Enforcement of these terms and conditions is solely at Company's discretion and the absence of enforcement of them in some instances does not constitute a waiver of Our right to enforce them on other instances. In addition, these Terms of Service do not create any private right of action on the part of any third-party.

Indemnification

User releases, remises, and forever discharges Company, its officers, directors, shareholders, trustees, managers, representatives, employees, consultants, contractors, professional advisors, agents and affiliates (collectively, "Company Group") from and of any and all actual or alleged claims, contracts, losses, demands, attorney fees, court costs, and any other liabilities from any actions arising out of or related to the use of this Website or the use of the services through this Website even if such loss, damage, liability or expense results directly or indirectly from Company's negligence. You agree to defend, indemnify, and hold harmless the Company Group for and from any actual or alleged loss by reason of, in any way relating to, or arising out of: (a) Your use of this Website and any violation of any law, rule, or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to Your use of this Website; and (c) any violation of these terms and conditions.

Reporting Infringement

By accessing and/or using the Website, You agree to report to Newcomb Spring all claims or suspected claims of copyright or other infringement of Newcomb Spring's intellectual property or other proprietary rights. Claims of infringement should be directed to Newcomb Spring at privacy@newcombspring.com, by mail at 3155 North Point Parkway Suite G220, Alpharetta, Georgia 30005, or by phone at (770) 981-2803.

If You believe that any information on the Website infringes on your copyright, You should notify Newcomb Spring of your claim in accordance with the following procedures. Newcomb Spring will process notices of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable copyright laws. The DMCA requires that notification of claimed infringement be in writing and provided to Newcomb Spring's designated agent of service at the address on Company's publicly available Secretary of State business records.

To be effective, the notice of infringement must contain the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other Legal Issues

You agree that no joint venture, partnership, employee-employer, franchiser-franchisee, or agency relationship exists between You and Newcomb Spring or its affiliates as a result of these Terms of Service or Your use of the Website.

If any portion of these Terms of Service is held invalid, it is agreed that the balance of the Terms of Service shall continue in full force and effect.

Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof.

Company will not be liable in any amount for failure to perform under these Terms of Service if such failure is caused by the occurrence of any event beyond its reasonable control, including, but not limited to, power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of Company.

The Terms of Service and Privacy Policy constitute the entire agreement between User and Company and supersede all prior agreements and understandings, whether written or oral, with respect to Website. No statements, promises, or inducements made by or on behalf of Company not contained herein shall be valid or binding.

You acknowledge and agree that the Website possesses a special, unique and extraordinary character that makes difficult the assessment of monetary damages that would be sustained as a result of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to Newcomb Spring or other users of the Website for which Newcomb Spring or such other users would not have an adequate remedy at law. Therefore, You agree that, in the event of unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to the Company, Newcomb Spring shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.

If You give legal notice to Company, You must use the address on Company's publicly available Secretary of State business records. Company may give notice to You by posting changes to these terms and conditions and its privacy policy on Website, and Your continued use of Website will constitute Your acceptance. All notices will be deemed received by Company as follows: (i) if by hand-delivery, on the date of delivery, (ii) if delivery by U.S. Mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, only upon receipt of acknowledgement from Company. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.

Contact Information

You may also contact us at privacy@newcombspring.com, by mail at 3155 North Point Parkway Suite G220, Alpharetta, Georgia 30005, or by phone at (770) 981-2803, if You want to change Your personal information, give us feedback, or request other information.