1. Use of the Site and the App
You may use the Site and the App only for your own noncommercial personal use and in compliance with these Terms. By using the Site or App, you represent and warrant that you (i) are located inside the United States, or (ii) are located outside the EU or EEA and agree to be bound by U.S. laws. The Site and App are intended for users situated in the United States. We currently do not offer goods and services to the EU or EEA.
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site and the App. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and the App and to change, suspend or discontinue any aspect of the Site and the App and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site and the App or restrict your access to part, or all, of the Site and the App without notice or penalty. Your continued use of the Site and the App will constitute your acceptance of any such changes.
You are responsible for your own communications, including the transmission, uploading or posting of information to the Site or the App and are responsible for the consequences of such communications. Any other use of the Site or the App requires the prior written consent of New Stand. You may not otherwise copy, modify, or distribute the contents of this Site or the App without the prior written consent of New Stand. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site or the App, in whole or in part. We require all Members (as defined below in section 4 of these Terms) to agree not to use the Site or the App, and specifically prohibit any use of the Site or the App, for any of the following purposes:
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site or the App. Further, you may not use any such automated means to manipulate the Site and the App, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site and the App or any other user's use of the Site and the App, including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing” the Site or the App, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site or the App within another web site. You may not resell use of, or access to, the Site or the App to any third party without the prior written consent of New Stand.
2. Registration and Passwords
In order to access certain services on the Site and the App, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site and the App under such access codes or passwords. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We may suspend or terminate your access at any time with or without notice. To understand how we use the information collected from you, please read our Privacy Policy.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
3. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site or the App, including with respect to ordering, shipping and return policies, membership reward programs and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
4. Site and App Not for Minors
The Site and the App are available to registered and unregistered users who are 18 years old and older and who have not been suspended or removed by New Stand for any reason (each, a “Member”). You must be 18 years old in order to make a purchase on our Site and the App. If you are under 18 years old, then you may not make a purchase on our Site and the App. We reserve the right to revoke your ability to access the products and services offered on the Site or the App for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice.
5. Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order, or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
6. Transactions
If you wish to purchase any product or service made available through the Site or the App (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to New Stand the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site and the App are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site and the App does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site and the App. By placing an order, you represent that the products ordered will be used only in a lawful manner. New Stand reserves the right, with or without prior notice, to do any one or more of the following:
(i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site or the App, you are entering into a binding contract with New Stand and agree to pay all charges that may be incurred by you or on your behalf through the Site and the App, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
7. The Subscription Contract Between You And Us
New Stand may offer various subscription types: including rebillable monthly subscriptions (“Month-to-Month Rebillable Subscriptions”); prepaid three, six or twelve month subscriptions (“Prepaid Subscriptions”); rebillable monthly subscriptions with a commitment of three months (“3-Month Subscription”), six months (“6-Month Subscription”) or twelve months (“12-Month Subscription”) (collectively “Monthly Subscriptions With Commitment”) and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”).
AUTOMATIC RENEWAL TERMS
With respect of New Stand subscriptions subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, New Stand may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before New Stand reasonably could act. Information on how to cancel is described below.
MONTH-TO-MONTH REBILLABLE SUBSCRIPTIONS
By purchasing a Month-to-Month Rebillable Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by New Stand after the expiration date of your payment card.
Automatic Monthly Renewal Terms
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Month-to-Month Rebillable Subscription renewal.
Cancellation Policy For Month-to-Month Rebillable Subscription Renewals
To cancel your Month-to-Month Rebillable Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at help@newstand.com and we will do it for you. If you cancel, you will not be rebilled during your next monthly billing cycle.
PREPAID SUBSCRIPTIONS
By purchasing a Prepaid Subscription, you agree and acknowledge that your subscription has an initial pre- payment feature for the applicable length of service (three, six or twelve months) and a recurring Prepaid Subscription renewal fee at the then-current applicable Prepaid Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by New Stand after the expiration date of your payment card.
Automatic Renewal Terms
At the end of each Prepaid Subscription term, your subscription will be automatically extended for another term of the applicable length of service (three, six or twelve months) and your payment method will automatically be charged the applicable Prepaid Subscription renewal fee at the then-current Prepaid Subscription rate until you cancel your Prepaid Subscription renewal.
Cancellation Policy For Prepaid Subscriptions Renewals
To cancel the renewal of your Prepaid Subscription, at any time after you were billed for the then-current term, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at help@newstand.com and we will do it for you. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
MONTHLY SUBSCRIPTIONS WITH COMMITMENT
If You have a Prepaid Subscription, you will receive notice whether, Monthly Subscriptions With Commitment terms apply to You when your plan renews.
By purchasing a Monthly Subscription With Commitment, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by New Stand after the expiration date of your payment card.
Automatic Monthly Subscriptions With Commitment Renewal Terms
Your subscription will be automatically renewed for successive three, six or twelve month periods, as applicable, and your payment method will automatically be charged for each successive subscription term period at the then- current subscription rate until you cancel your subscription.
Cancellation Policy for Monthly Subscriptions With Commitment Renewals
To cancel your 3-Month Subscription renewal for the following three months, at any time, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at help@newstand.com and we will do it for you. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
To cancel your 6-Month Subscription renewal for the following six months, at any time, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at help@newstand.com we will do it for you. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
To cancel your 12-Month Subscription renewal for the following twelve months, at any time, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at help@newstand.com we will do it for you. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
GIFT SUBSCRIPTIONS
For Gift Subscriptions, the subscription will NOT be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy.
CHANGES TO THE PRICE AND TO NEW STAND SUBSCRIPTIONS PLANS
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your New Stand Subscriptions Plans will take effect following notice to you.
Description of the New Stand Connect Service
Employee participants (“NSC Participants”) in New Stand Connect (“New Stand Connect”) workplace experience application (the “NSC App”) allows subscribed employers (“NSC Admin”) to provide communications, surveys, and rewards to NSC Participants. NSC Participants may redeem points for rewards of their choice through the NSC App.
New Stand Connect (Employees)
Only current employees NSC Admin with a valid email domain matching an active NSC Admin account are eligible to register for New Stand Connect. When registering for the NSC App, NSC Participants will be required to provide the following information: department and level in the NSC Admin’s organization, and may, at the NSC Participant’s election, provide information regarding the NSC Participant’s gender and race. If a NSC Participant’s employment with the NSC Admin is terminated or the NSC Admin’s participation is terminated, or otherwise if the NSC Participant or relevant NSC Admin’s access to the NSC App is terminated, all Points are forfeited immediately.
New Stand Connect (Admin)
NSC Admin may add, invite, remove, and otherwise manage active NSC Participants for their company in the New Stand Connect Admin Portal in the NSC App. NSC Admin are responsible for ensuring the NSC Participant information is accurate and up-to-date, and that any new addition of an NSC Participant or termination of employment of a prior NSC Participant are accurately and timely recorded on the NSC App. New Stand is not responsible for any inaccuracies regarding NSC Participant information or any issues or claims arising therefrom. NSC Admin will be able to access anonymized engagement data regarding NSC Participants. NSC Admin are responsible for ensuring compliance with relevant data privacy regulations in connection with any NSC Participant data received by NSC Admin through the NSC App.
Points and Rewards
NSC Participants may accumulate “points” that entitle the participant to certain rewards benefits, including gift cards for participating third-party vendors (“Points”). Points may be earned through various methods of participation, including reading NSC Admin updates and professional development content, completing surveys, and sending recognition to their peers within the NSC Admin’s network. NSC Participants may redeem Points for gift cards through the NSC App. Points are not redeemable for cash back and will expire upon NSC Participant’s termination of employment with the relevant NSC Admin. Points cannot be transferred, sold, resold, or otherwise used to the benefit of any other party other than the NSC Participant associated with the account which earned the Points.
Once Points have been redeemed, they are removed from the NSC Participant’s account and may no longer be redeemed and there are not refunds, returns, or exchanges for additional Points, cash, or other goods or services, even if you return the items for which you redeemed the Points. Additionally, if your order is canceled or refunded, the Points used for the canceled or refunded order are not refundable.
Points are not property, and NSC Participants have no vested right or interest in Points. Points have no cash value. Points are not assignable or transferable between online services accounts or otherwise, and cannot be combined across accounts, regardless of who registered the account.
NSC Participants can check their Points balance in their New Stand Connect Account using the NSC App. NSC Participants are responsible for ensuring the Points reflected in their account balance are correct. If a NSC Participant believes their Points balance in their New Stand Connect account are inaccurate, the NSC Participant should reach out to their New Stand Connect Admin employer to attempt to resolve any inaccuracies. In the event the NSC Participant and NSC Admin are unable to resolve such inaccuracies, the NSC Admin may email New Stand at help@newstand.com.
Points Expiration and Termination
Any balances of Points are subject to expiration after two (2) years of the relevant participant’s inactivity. “Inactivity” for purposes of this Section shall mean the participant’s failure to log in to the relevant program account. In the event an NSC Participant’s employment with the NSC Admin is terminated, or in the event an NSC Admin’s participation in the New Stand Connect program is terminated or access is revoked or suspended for any reason, all Points are forfeited immediately.
Stripe Integration
NSC Participants may add or remove their credit card information using the New Stand’s integration with Stripe, allowing NSC Participants to make payments for products and New Stand Vends or self-checkout iPads at New Stand locations.
New Stand Drops; Monthly Stipends
The New Stand Drops application (“NSD App”) is a New Stand application for a business-to-employee gifting e-commerce service allowing participating employers to provide gifts to eligible employees. Certain levels of service allow an NSC Admin or participating employers to provide a monthly stipend (the “Stipend”), in an amount determined by the NSC Admin or employer, to be added to the NSC Participant’s or eligible employee’s digital wallet (“Wallet”) for NSC Participants or eligible employees to use at New Stand Vends and self-checkout iPads at New Stand locations. On the last day of each calendar month, any remaining funds in the NSC Participant’s or employee’s Wallet from the then-current month’s Stipend will be removed from the NSC Participant’s or employee’s Wallet. For the avoidance of doubt, no amount of any monthly Stipend will roll over to the next month and any Stipend provided hereunder will only be available for use by the NSC Participant or employee in the month it was received.
Any Wallet balances migrated from a similar program previously provided by the New Stand are subject to expiration after two (2) years of Inactivity. In the event an NSC Participant’s or eligible employee’s employment with the NSC Admin or employer is terminated, or in the event an NSC Admin’s or employer’s participation in the New Stand Connect program is terminated or access is otherwise revoked or suspended for any reason, all amounts in the NSC Participant’s or eligible employee’s Wallet are forfeited immediately.
Gift Cards
Third-party gift cards made available as a redemption option for Points as part of the NSC App are subject to the terms and conditions of the applicable merchant and/or the merchant's card issuer. Gift cards and card balances are issued by (and are solely the liabilities of) the merchant or its card issuer and not New Stand. You agree that New Stand is not responsible for any gift card program, is not the issuer of any gift cards, is not the holder of any liabilities related to unredeemed gift cards, and makes no representations or warranties regarding the gift cards available through the NSC App or the products and services you purchase with any such gift card. All gift card sales are final and non-refundable. Selection of merchant gift cards may vary based on availability. There may be a minimum Point redemption threshold for gift cards that will be disclosed to you at the time of redemption. Use of a third-party merchant gift card at a selected merchant will be subject to such merchant's and/or the gift card issuer's own terms of service. All redemptions are final and cannot be reversed once initiated by you. Redeeming Points for gift cards may result in taxable income. You are responsible for compliance with all applicable tax requirements. You may be asked to provide certain identifying information (like your Social Security Number or Taxpayer Identification Number) for tax purposes.
Third Party App Integration
The NSC App may integrate third-party applications, such as e-commerce platforms and third party retailers. These app integrations may allow you to register your account, log-in, or otherwise link your NSC App account with an account you maintain with such third-party (a “NSC Linked Account”). By using the NSC App, you represent that any NSC Linked Account belongs to you and you are permitted to link it to your NSC App account. New Stand does not control the policies and practices of any third-party site or service, including any NSC Linked Account you connect to the NSC App and New Stand is not responsible for any actions or omissions of providers of a NSC Linked Account, including related to accuracy, legality or non-infringement. New Stand is not responsible for the products and services offered by or through your NSC Linked Account.
Third Party Links and App Integration
The NSC App may display offers and other product information regarding goods and services offered by third party merchants. These offers and product information may be provided in several ways, including as links to third-party websites or as coupons or discount codes you can apply to your purchase of products offered by third-party merchants.
All rewards redeemed from a third-party merchant through the NSC App are (a) priced by the applicable third-party merchant (including whether such prices include applicable local, provincial, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not New Stand. New Stand is not responsible for any third-party merchant products or any information contained on the third-party merchant’s website (including if the third-party merchant’s website is displayed through the NSC App).
You agree that any purchase from a third-party merchant is subject to such merchant's own terms and conditions applicable to such purchase, and further agree that New Stand is in no way responsible or liable to you for any products purchased through or using the NSC App, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You acknowledge and agree that New Stand is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
New Stand does not endorse, warrant or guarantee the products or services that are displayed through the NSC App. New Stand is not an agent, distributor, re-seller, broker or otherwise responsible for third-party merchants or the activities or policies of those merchant websites, or the products or services available on them. New Stand does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular third-party merchant via the NSC App are the best prices, best terms or lowest rates available in the market.
When you access third-party websites through the NSC App, you accept that there are risks in doing so, and that New Stand is not responsible for such risks. New Stand encourages you to be aware when on a third-party merchant website and to read the terms and conditions and privacy policy of each third-party website or service that such users visit or utilize.
New Stand has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites or by any third-party that users interact with through the NSC App. In addition, New Stand will not and cannot monitor, verify, censor or edit the content of any third-party site or service.
By using the NSC App, you release and hold New Stand and its affiliates harmless from any and all liability arising from any use of any third-party website or service. If you have a dispute with any third-party (including a merchant from whom you purchase a product in connection with the NSC App), you hereby agree that New Stand is under no obligation to become involved. To the maximum extent permitted by applicable law, you release New Stand, its affiliates, and each of their respective officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with a third-party in connection with the NSC App. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Data
New Stand collects the following data on NSC Participants for identification on the New Stand’s back end: User-Provided Content (Profile Pictures), Contact Info (Name, Email), Identifiers (User & Device ID’s), Usage Data (Product Interaction), and Diagnostics (Crash Data). This data is never shared with third parties, and New Stand does not track users across other third-party datasets. New Stand may share data regarding NSC Participant’s purchase history with third parties. For more information regarding information the New Stand collects and how it is used, please visit our Privacy Policy (newstand.com/privacy-policy).
Suspension or Termination
If New Stand determines that a NSC Participant or NSC Admin is in violation of any of these terms and conditions, or otherwise suspects that you have abused any New Stand Connect program benefits or privileges, have violated, or acted inconsistently with these Terms or applicable law, or acted in a manner harmful to the New Stand’s interests, New Stand has the right to (to the maximum extent permitted by applicable law), in its sole and absolute discretion, to reset an NSC Participant’s Points balance to zero (0), or otherwise suspend or terminate the NSC Participant's or NSC Admin’s access to the New Stand Connect program or terminate your New Stand account entirely.
Changes or Termination of the New Stand Connect Program
New Stand reserves the right, in its sole discretion, to cancel, change, modify or discontinue New Stand Connect program, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, Points accruing or accumulation ratio, the Points redemption policy, the Points expiration policy, or any other aspect of the program at any time, and such changes may affect Points already in your NSC App account. The New Stand reserves the right, in its sole discretion, to terminate the New Stand Connect program and cancel all pre-existing Points earned by NSC Participants at any time. Any changes to or termination of the New Stand Connect program terms shall be communicated to NSC Participants and users at least sixty (60) days prior to implementing such change or termination, to be effective upon the expiration of such notice period. Any conclusion to the New Stand Connect program that results in the transfer of a NSC Participant to a successor loyalty program, where such NSC Participants do not forfeit all unexpired, unredeemed Points in their account as a result, will not be considered a termination of the New Stand Connect program for purposes of this provision.
8. Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site and the App is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site or the App will be available.
9. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site and the App are the property of New Stand or our licensors and are protected by United States and international copyright, trademark and/or other intellectual property or proprietary rights and laws. These Terms permit you to use the Site and the App for your personal, non-commercial use only. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site or the App.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site and the App in breach of the Terms, your right to use the Site and the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
New Stand and the New Stand logo are registered trademarks. All other trademarks names, product, services names, designs, and slogan are the property of their respective owners. All of our Site's and the App's content is copyrighted by New Stand, Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site or the App. All rights not granted under these Terms are reserved by New Stand.
If you submit an unsolicited idea to us via the Site, App or otherwise, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for New Stand to utilize your idea, you hereby grant New Stand an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
10. Third Party Content
Under no circumstances will New Stand be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee
the completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the Site or the App or endorse any opinions expressed therein.
11. General Disclaimers
You assume all responsibility and risk with respect to your use of the Site or the App. THE SITE, THE APP, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR THE APP OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, NEW STAND DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE OR THE APP IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE APP OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
New Stand makes no warranties of any kind regarding any non-New Stand sites to which you may be directed or hyperlinked from this Site or the App. Hyperlinks are included solely for your convenience, and New Stand makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-New Stand sites. New Stand does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site or the App.
NEW STAND DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
12. Disclaimer – No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site or the App. Use of the Site or the App is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
This Site and the App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by New Stand are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of New Stand. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
13. Taxes
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
14. Indemnification
You agree to indemnify, hold harmless, and defend New Stand, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site or the App, your violation of these Terms, defamatory or infringing content posted to the Site or the App by you, or your violation of any law or the rights of a third party.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEW STAND, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR THE APP BE LIABLE TO ANY USER OF THE SITE OR THE APP OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE APP, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF NEW STAND HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF NEW STAND, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR THE APP TO YOU FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO NEW STAND IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
16. International Use
We control and operate the Site and the App from the United States. We provide this Site and App for use only persons located in the United States. We make no representation that materials on the Site or the App are appropriate or available for use outside the United States. If you choose to access this Site or the App from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. Risk of Loss
Any merchandise purchased from our Site or the App will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
18. Copyright Infringement; Notice and Take Down Procedures
New Stand specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site or the App infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. New Stand will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifice of claimed copyright infringement should be sent to the following address:
New Stand, Inc. 665 Broadway, New York NY 10012 Attention: DMCA Agent Email: help@newstand.com
To be effective, the notifice must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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 notifice, a representative list of such works at that site;
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;
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;
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
A statement that the information in the notice 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.
19. Waiver; Remedies
The failure of New Stand to partially or fully exercise any rights or the waiver of New Stand of any breach of these Terms by you shall not prevent a subsequent exercise of such right by New Stand or be deemed a waiver by New Stand of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of New Stand under these Terms and any other applicable agreement between you and New Stand shall be cumulative, and the exercise of any such right or remedy shall not limit New Stand’s right to exercise any other right or remedy.
20. Governing Law
All matters related to the Site, the App and these Terms shall be governed and constructed in accordance with the laws of the State of New York without regard to conflict of laws provisions.
21. Disputes
Any dispute relating in any way to your visit to, or use of, the Site or the App, to the products you purchase through the Site or the App (including a subscription), or to your relationship to New Stand ("Claims") shall be exclusively submitted to confidential and binding arbitration in New York, New York, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that 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 the State of New York. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and New Stand agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND NEW STAND HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
22. Changes of the Site
We may update the content on the Site and the App from time to time. In addition, New Stand reserves the right to revise these Terms at any time by updating this posting; provided any material modifications will only be applied prospectively. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You are encouraged to review these Terms each time you use the Site or the App and prior to purchasing any product or service that are available through this Site or the App. Your continued use of the Site or the App after the posting of changes will constitute your acceptance of and agreement with such changes.
23. Your Feedback
This Site and the App are operated by New Stand Inc. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to help@newstand.com.