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Newman Connection Website Terms of Use

Last Updated: January 7, 2013

Welcome to the website for Newman Connection, Inc. (hereinafter “Newman Connection,” “we,” or “us”).   We are a non-profit organization dedicated to the mission of uniting Newman Centers in prayer across America, while strengthening the Catholic Faith.  We provide a national support structure for Newman Centers to assist individuals in spiritual and physical growth.

I.  SCOPE; CHANGES

Terms of Use.  Please read these Terms of Use carefully.  These Terms of Use set forth legally binding terms and conditions, and govern this website as well as any features, functionality, applications, content, products and services made available by us on or through this website.  By accessing or using the website, on behalf of yourself and your company, you accept and agree to be legally bound by these Terms of Use. 

Privacy Policy; Additional Terms.  Your use of the website is governed by these Terms of Use as well as our Privacy Policy, located at www.newmanconnection.com/legal  Certain areas of the website may be subject to additional terms and conditions posted by us on the website or otherwise made available by us to you.  Your access to and use of the website is conditioned upon your acceptance of such additional terms and conditions. 

Changes to these Terms of Use.  We reserve the right to amend these Terms of Use from time to time.  Any amendments shall be effective when posted by us on the website or otherwise made available to you.  Your access to and use of the website after we have modified these Terms of Use shall signify your acceptance of the amended terms.  It remains your responsibility to review these Terms of Use regularly to ensure that you are updated as to any changes.

Contacting Us.  If you have questions about these Terms of Use, or any other questions or comments concerning the website, please contact us at [www.newmanconnection.com/contact].

II.  WEBSITE USE

Eligibility.  By accessing and using the website, you represent and warrant that: (a) you have read and understand, and agree to comply with and be bound by these Terms of Use; (b) any information that you submit to us is, and will be updated to remain, truthful, complete and accurate; and (c) your access to and use of the website does not and shall not violate any applicable laws of your local jurisdiction. 

User Account.  In order to use certain areas the website, you may be required to login or establish a user account.  Your account may be used only by you, and may not be shared with any other individuals or entities.  You are strictly prohibited from registering multiple or fake accounts.  You are responsible for selecting and maintaining the privacy of your login credentials, and for all activity that occurs under your account.  You agree to notify Newman Connection immediately if you suspect any unauthorized use of your account or misuse of your login credentials.

Permitted and Prohibited Activities.  The website is made available for your personal, non-commercial use to learn more about Newman Connection and the services we offer, and to interact with us and others in appropriate forums designated by Newman Connection.  You may not:

  • attempt to gain unauthorized access to any private areas of the website;
  • use the website for advertising, promotional or other commercial purposes;
  • transmit “junk mail,”  “chain letters,” “pyramid schemes,” “spam,” or other unsolicited mass mailings or communications;
  • use automated means, including but not limited to scripts, spiders, robots, crawlers, or data mining tools, to post content to or download content from the website;
  • engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the website;
  • impersonate a representative of Newman Connection or another website user;
  • “stalk” or otherwise harass anyone, or contact any user that has not specifically asked to be contacted;
  • engage in or promote any activity, or post or transmit any content, that is illegal, threatening, abusive, offensive, obscene, harassing, defamatory, invasive of another’s privacy, or endangering of minors in any way; or
  • infringe, misappropriate, or violate the copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, rights of privacy or publicity, or other rights of any third party, or violate any contractual, fiduciary or other legal duty or obligation.

User Disputes.  We encourage you to report any abuse of the website or violation of these Terms of Use by others.  Notwithstanding the foregoing, you are solely responsible for your interactions with others on the website.  We reserve the right, but shall have no obligation, to monitor activities and communications on the website, and to take action where we deem it to be appropriate, in our sole discretion.

Termination.  We reserve the right to terminate your use of the website or user account at any time and for any reason, and/or to take action, with or without prior notice to you, if you violate any provision of these Terms of Use or use the website in a manner for which it is not intended to be used.

Indemnification.  You agree to indemnify, defend and hold Newman Connection, its directors, officers, employees, agents, affiliates and suppliers harmless from and against any and all claims, demands, actions, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including reasonable attorneys’ fees and legal costs) arising out of or resulting in whole or in part from your violation of these Terms of Use, your misuse of the website, or your actual or alleged violation of any applicable law or the rights of another person or entity.

III.  CONTENT GUIDELINES

We are Not Responsible for User Content.  Certain areas of the website permit users to submit or “post” questions, feedback and other information (referred to collectively as “content”).  We have no control over and assume no responsibility for the content posted by users of the website.  It is possible that others may post offensive or inappropriate content, and that you may view or be involuntarily exposed to such offensive or inappropriate content.  We do not approve of such conduct.  However, we shall have no liability in connection therewith.  Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions of Newman Connection.  We make no representations or warranties, express or implied, as to the content submitted by users, and shall have no obligation to modify or remove inaccurate or inappropriate content.

Content Posted by You.  All content submitted by you must be appropriate for viewing by a general audience, consistent with the general quality standards of the website, and otherwise in compliance with these Terms of Use.  We reserve the right, but shall not have the obligation, to relocate, modify and/or remove content.  Notwithstanding the foregoing, you are solely responsible for all content that you submit.

IV.  LINKS TO THIRD PARTY SITES

The website may contain links to Internet or mobile sites not owned or operated by us, including to sites featuring organizations, services and news that may be of interest or to pages that we maintain on YouTube, Facebook, Twitter or other social media sites.  The inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval.  When you access a third party Internet or mobile site, you do so at your own risk.  We assume no responsibility or liability for any information, products or services available on or through any third party Internet or mobile site, or for any actions taken by you or others in connection therewith.

V.  PROPRIETARY RIGHTS

Newman Connection and its suppliers reserve all right, title and interest in and to the website, including but not limited to all information and compilations of information available on or through the website, as well as any and all domains and sub-domains, the design, layout, graphics, programming code and “look and feel” of the website, the copyrights, trademarks, service marks, and trade dress appurtenant thereto, all goodwill arising therefrom, and all other intellectual property and proprietary rights of any nature throughout the world embodied therein.  You may not modify, reproduce, distribute, sell, or create derivative works based upon the website, or post any content from the website to newsgroups, blogs, mailing lists or social networking sites, without our prior written consent.

From time to time, you may provide us with suggestions, comments, ideas or other feedback for the website or the products, services or information featured on the website (“Feedback”).  You acknowledge and agree that you relinquish all rights in such Feedback, and that Newman Connection, its successors and assigns shall be free to use, disclose and otherwise commercialize and exploit such Feedback free of any and all claims by or monetary obligations to you or proprietary, confidentiality or other restrictions of any kind, including without limitation for purposes of developing improvements to Newman Connection’s website and services.

VI.  COPYRIGHT POLICY

Newman Connection respects the copyrights of third parties.  You may not use the website to post, modify, distribute, or reproduce any copyrighted works without authorization or to otherwise infringe the copyrights of a third party.  It is our policy to terminate the accounts of users who repeatedly infringe the copyrights of others.  If you believe that your copyrighted work has been posted or used on this website in a manner that constitutes copyright infringement, please provide our Copyright Agent with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you that you have 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 (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our Copyright Agent for notice of claims of copyright infringement may be reached by mail at: Copyright Agent, Newman Connection, Inc., 1901 S Fourth St. Suite 9, Effingham, IL 62401 by phone at: 866.815.2034 by facsimile at: 866.815.2034;  Attn: Copyright Agent; or by email at: info@newmanconnection.com

VII.  DISCLAIMERS

THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THE WEBSITE IS “AT YOUR OWN RISK.”  NEWMAN CONNECTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.  NEWMAN CONNECTION DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE TRUE, ACCURATE, COMPLETE, UP-TO-DATE, OR FREE FROM VIRUSES, MALICIOUS CODE, TYPOGRAPHICAL ERRORS OR ALTERATION BY THIRD PARTIES.

VIII.  LIMITATIONS ON LIABILITY

IN NO EVENT SHALL NEWMAN CONNECTION OR ITS SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, DAMAGE TO OR LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE, THE PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE THEREON, OR ANY FORCE MAJEURE EVENT, ACTS OF OMISSIONS OR OTHER USERS OR THIRD PARTIES, OR OTHER OCCURRENCE OUTSIDE OF OUR REASONABLE CONTROL.  THE TOTAL CUMULATIVE LIABILITY OF NEWMAN CONNECTION AND ITS SUPPLIERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE, AND THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE SHALL NOT EXCEED THE FEES (IF ANY) PAID BY YOU TO NEWMAN CONNECTION FOR ACCESS TO THE WEBSITE IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE FIRST SUCH CLAIM OR ONE DOLLAR ($1), WHICHEVER IS GREATER.  THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION.  THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND SHALL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.  CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR TYPES OF DAMAGES, AND SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU. 

Ix.  MISCELLANEOUS

Governing Law.  The website is hosted and operated in the United States of America.  These Terms of Use and the relationship between you and us relating to your access to and use of the website shall be governed by and interpreted for all purposes in accordance with the laws of the State of Illinois, USA, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. 

Jurisdiction and Venue.  Any dispute, action or proceeding arising out of or related to these Terms of Use, your access to or use of the website, or the products, services, or information made available to you through the website shall be commenced in the state courts of Effingham County, Illinois or, if proper subject matter jurisdiction exists, the U.S. District Court of the Southern District of Illinois.  You hereby consent to the exclusive personal jurisdiction and venue of such courts and waive any objections thereto, including without limitation any objection based on forum non conveniens; provided, however, the foregoing shall not prevent us from seeking temporary or permanent injunctive or other equitable relief against you or compelling your indemnification obligations in any court of competent jurisdiction.

Assignments.  You may not assign these Terms of Use or assign or delegate any right or duty under these Terms of Use, in whole or in part, without our prior written consent.  Any attempted assignment or delegation shall be null and void from the beginning and without effect.  We may assign these Terms of Use or any right or duty under these Terms of Use, with or without notice to you, including to any affiliate or successor in interest.  Subject to the foregoing, these Terms of Use shall be binding on and inure to the benefit of you and us, and each of our respective heirs, administrators, successors and permitted assigns.

Third Party Beneficiaries.  Nothing contained in these Terms of Use, express or implied, is intended or shall be construed to give any third party any rights or remedies under or by reason of these Terms of Use.  Notwithstanding the foregoing, the disclaimers and limitations on liability under these Terms of Use shall extend to Newman Connection, its directors, officers, employees, agents, affiliates, and suppliers.  All references to Newman Connection in connection therewith shall be deemed to include such persons and entities as third party beneficiaries entitled to accept all benefits afforded thereby.

Amendment; Waiver.  Any amendment by you or waiver by us of these Terms of Use must be in writing and signed by a duly authorized representative of Newman Connection.  No provision shall be waived by any act, omission or knowledge of a party.  Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach.

Severability.  If any provision of these Terms of Use is determined to be invalid or unenforceable under applicable law, the provision shall be amended by a court of competent jurisdiction to accomplish the objectives of such provision to the greatest extent possible under applicable law, or severed from these Terms of Use if such amendment is not possible, and the remaining provisions of these Terms of Use shall continue in full force and effect.  

Construction.  The captions in these Terms of Use are for reference purposes only and shall not affect the meaning or interpretation of these Terms of Use.  The term “including” as used herein means “including without limitation.”  The terms “hereunder,” “herein,” “hereof” and similar variations mean these Terms of Use as a whole, and not any particular section.

Entire Agreement.  These Terms of Use, including the Privacy Policy and additional terms referenced herein, set forth the entire agreement of the parties with regard to the subject matter hereof, and supersede all prior and contemporaneous negotiations and agreements, written or oral.


Newman Connection Website Privacy Policy

 Last Updated: January 7, 2013

I.  INTRODUCTION

This Privacy Policy describes how Newman Connection, Inc. (also referred to as “Newman Connection,” “we” or “us”) collects, uses and shares personal information obtained from you when you visit this website.  Our collection, use and sharing of personal information is further subject to the Terms of Use for the website located at www.newmanconnection.com/legal  Please read this Privacy Policy carefully.  By accessing or using this website, you consent to our collection, use, and sharing of personal information as described in this Privacy Policy. 

II.  HOW WE COLLECT AND USE PERSONAL INFORMATION

Personal Information You Volunteer.  We collect any personal information that you provide while visiting or using this website.  This may include your name, mailing address, email address, phone number, and other contact information, and any other personal information that you submit when filling out a form, requesting that we contact you, responding to a survey or questionnaire, or otherwise posting or submitting content on this website.  This also may include personal information supplied through integration with your user account for social media sites.  We use this personal information for the purposes made apparent at the time of collection, as well as to interact and communicate with you, promote our website and services (including through social media), process, acknowledge and solicit donations, and as otherwise required or permitted under applicable law.  We also may use and disclose this information In de-identified form for any of the foregoing reasons or for other business or marketing purposes.

Automatic Collection of Information.  Certain types of information may be collected automatically when you visit and use the website.  For instance, we may collect the URL of the Internet site from which you linked to the website; the type of browser you are using; time and date stamp information; and information regarding your visit to the website.  We do not treat this non-personally identifiable information as personal information unless it is combined with your name or other information that personally identifies you.

Cookies.  Like many Internet sites, this website may use session-based or persistent “cookies” or other technologies to automatically gather some information about you, and to offer a personalized experience when using this website.  We use these technologies to enhance and facilitate use of this website.  Some areas of this website may require cookies, and cannot be used without enabling cookies.  If you are concerned about cookies stored on your computer, we encourage you to follow your Internet browser’s guidance for deleting cookies after completing a browsing session.

III.  HOW WE SHARE PERSONAL INFORMATION

Service Providers.  We may share personal information collected through this website with companies that perform services on our behalf, including companies that provide website development, hosting, payment processing and billing services. 

Affiliates and Strategic Partners.  We may share personal information collected through this website with our affiliated entities and strategic partners, including Newman Centers.  These organizations may use the information for the purposes made apparent at the time of collection, to contact you about their organizations, events and offerings, or as otherwise required or permitted under applicable law.

Online Donations.  Online donations are accepted and processed by our online donation service provider, and are subject to the Terms of Use and Privacy Policy of such service provider.  By making an online donation, you consent to the service provider’s Terms of Use and Privacy Policy.  Although we use reasonable efforts to select a reputable service provider, we cannot and do not assume any responsibility or liability in connection therewith. 

Law Enforcement and Protection.  We may disclose your personal information when we believe disclosure is appropriate to comply with the law or respond to a court order or subpoena; to prevent or investigate a possible crime, such as fraud or identity theft; or to protect the rights, property or safety of ourselves or others.  We reserve the right to report to appropriate law enforcement, governmental authorities and other third parties any activities that we, in good faith, believe to be harmful or unlawful, with or without providing notice to you.

Business Transfers.  All personal information and other content submitted by you through this website is treated as a business asset, and may be transferred by us in connection with a sale or transfer of our business or assets, including as the result of a merger, acquisition, reorganization, dissolution or liquidation.

IV.  PRIVACY PRACTICES OF THIRD PARTIES

This website may contain links to Internet or mobile sites not owned or operated by us, including to sites featuring organizations, services and news that may be of interest or to pages that we maintain on YouTube, Facebook, Twitter or other social media sites.  You should review the privacy and other policies of other Internet and mobile site providers carefully, as these policies may be different than the policies of this website.  We assume no responsibility or liability for any third party Internet or mobile site operator’s privacy practices.

V.  CHILDREN

We respect the privacy of children, and we do not knowingly collect or permit submission of personally identifiable information by anyone under 13 years of age.  If you are under the age of 13, please do not provide us with any personally identifiable information.

VI.  ONLINE SECURITY

We strive to implement reasonable measures for the website to protect against the loss, misuse or alteration of any sensitive non-public personal information that is under our control.  However, please bear in mind that no website, database or data transmission over the Internet is totally secure, and we cannot guarantee the security of personal information you provide on or through this website.

VII.  CHANGES TO THIS PRIVACY POLICY

We reserve the right to amend this Privacy Policy from time to time, including without limitation as necessary to reflect new or unanticipated uses of personal information not previously disclosed in this Privacy Policy.  Any such amendments shall be effective when posted by us on this website or otherwise made available to you.

VIII.  CONTACTING US

If you have questions about this Privacy Policy, desire to make corrections to personal information submitted to us, or have any other questions or comments concerning this website, please contact us by email at info@newmanconnection.com or by mail at 1901 S. Fourth St Suite 9, Effingham, IL 62401.