01
These Counterfeit Reporting Form Terms & Conditions (“Terms & Conditions”) are in addition to the Terms of Service located at www.neweracap.com/policies/terms-of-service. By submitting and/or accessing a Counterfeit Reporting Form on neweracap.com (hereinafter, the “Site”), you are deemed to have accepted and agreed to these Terms & Conditions.
The Counterfeit Reporting Form is operated and organized by New Era Cap, LLC (“New Era,” “we,” “us” or “our”). We may change the Terms & Conditions from time to time, at any time without notice to you.
You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) transmit or post any material which is or may be infringing, harassing, threatening, false, fraudulent, misleading, inflammatory, libelous, obscene, lewd, lascivious, filthy, excessively violent, pornographic, abusive, defamatory, vulgar, offensive, profane, sexually explicit or indecent, or illegal; (c) engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (d) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; or (i) upload, post, transmit, reproduce, distribute or otherwise publish material containing (1) a virus, spyware, or other harmful component; (2) advertising, chain letters or pyramid schemes of any kind; or (3) information which would constitute or which contains false or misleading indications of origin, endorsement or statements of fact.
In addition, you may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the Counterfeit Reporting Form, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such Counterfeit Reporting Form, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Counterfeit Reporting Form in violation of any applicable law. You further agree that you may not attempt (or encourage or support any third party’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof.
You alone are responsible for the content and consequences of any of your activities when submitting and/or accessing the Counterfeit Reporting Form. We reserve the right, but do not have an obligation, to monitor and/or review all materials submitted on a Counterfeit Reporting Form by participants, and we are not responsible for any such materials by participants. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms & Conditions, our policies or applicable law.
We reserve the right to thoroughly investigate all information submitted on a Counterfeit Reporting Form to verify the truthfulness and authenticity of any such submitted Counterfeit Reporting Form or any information contained therein. Upon completion of such investigation, we will determine, in our sole discretion and without any obligation to provide justification, whether to take action to prevent the future promotion, sale and/or distribution of suspected counterfeit product.
You agree that if you include a link from any other web site to the Counterfeit Reporting Form, such link shall open in a new browser window. You agree not to link from any other web site to the Counterfeit Reporting Form in any manner such that the Counterfeit Reporting Form is "framed," surrounded or obfuscated by any third-party content, materials or branding. We reserve the right to revoke your right to link to the Counterfeit Reporting Form at any time for any reason.
02
NEW ERA MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE COUNTERFEIT REPORTING FORM OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE COUNTERFEIT REPORTING FORM WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COUNTERFEIT REPORTING FORM IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THE COUNTERFEIT REPORTING FORM IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
03
YOUR USE OF THE COUNTERFEIT REPORTING FORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSABLE BY LAW, UNDER NO CIRCUMSTANCES SHALL NEW ERA OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE COUNTERFEIT REPORTING FORM, EVEN IF YOU ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
04
You agree to indemnify, defend, and hold harmless New Era and its subsidiaries, affiliates, officers, directors, members, managers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms & Conditions or any activity related to your use or misuse of the Counterfeit Reporting Form (including your placement or transmission of any message, content, information, software or other materials through the Counterfeit Reporting Form, or any negligent or wrongful conduct) by you or any other person accessing the Counterfeit Reporting Form using your computer or Internet account. New Era reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with New Era's defense of such claim.
05
You may be able to link from the Site to third party web sites or from third party web sites to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
We disclaim any liability for Linked Sites. We do not guarantee or make any representation regarding the standards of or conduct on any Linked Sites nor shall we be held responsible for the contents of Linked Sites, or any subsequent links. For this reason, we do not represent or warrant that the contents of any Linked Site or other third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for web casting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site or other third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
06
NEW ERA MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT NEWERACAP.COM OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. IN ADDITION, TO THE FULLEST EXTEND PERMITTED BY LAW, NEW ERA HEREBY EXCLUDES ALL WARRANTIES RELATING TO THE QUALITY OF, AND/OR COMPLIANCE WITH THE DESCRIPTION ON THIS SITE, OF ANY PRODUCTS SOLD OR SUPPLIED VIA THIS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
07
YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS FROM THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSABLE BY LAW, UNDER NO CIRCUMSTANCES SHALL NEW ERA OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS CLAUSE SHALL AFFECT NEW ERA’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
08
You agree to indemnify, defend, and hold harmless New Era and its subsidiaries, affiliates, officers, directors, members, managers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your use or misuse of this Site (including your placement or transmission of any message, content, information, software or other materials through the Site, or any negligent or wrongful conduct) by you or any other person accessing this Site using your computer or Internet account. New Era reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with New Era's defense of such claim.
09
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
10
We may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. We may restrict, suspend or terminate your access to the Site and/or its services with or without cause.
11
The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of Erie. You agree to submit to the personal and exclusive jurisdiction of the courts located within ErieCounty in the State of New York.
12
Our failure 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 the Terms of Use shall remain in full force and effect.
13
If you have any questions or comments about the
Counterfeit Reporting Form, please write to us at: legal.requests@neweracap.com.
