Terms of Service - Newco Coffee

General

Please read these Terms of Service carefully before using this website. Your use of this website signifies your agreement to these Terms of Service. If you do not agree to these terms, you will not be authorized to use the site.

Limited License to Use the Materials

This entire website and the various separate parts thereof are protected under United States Federal copyright law and worldwide copyright laws and treaties. The website contains various materials such as content, software, video, audio, art, graphics, text, etc (collectively, the “Materials”). You may download or print copies of the items that are included in the Materials in connection with the use or proposed use of Newco products. This is a license, not a transfer of title, and is subject to the following restrictions: you mat not (a) modify the Materials; or (b) remove any copyright, trademark or other proprietary or warning notices from the Materials. You agree to prevent any unauthorized copying or use of Materials. By providing you with this limited license to use the Materials, Newco is not in any way transferring to you title to the Materials. You may own the medium on which the Materials are recorded, but Newco retains full and complete title to the Materials, and all intellectual property rights therein.

Privacy

Newco respects the privacy of its web site users. Please refer to Newco’s Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this web site.

Trademarks

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Newco, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The names, trademarks, and logos of Newco appearing on this site may not be used in any advertising or publicity or otherwise to indicate Newco’s sponsorship of or affiliation with any product or services, without Newco’s prior express written permission. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.

Copyrights

Disclaimer

Newco has done its best to make sure that everything on this website is accurate and complete. However, this site, the Materials and all of the information contained within the foregoing are provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. Newco does not warrant that the functions contained in the Materials including access to the website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Newco does not warrant or make any representations regarding the use or the results of the use of the Materials in the Newco website in terms of their correctness, accuracy, reliability, usefulness or otherwise. You (and not Newco) assume the entire cost of all necessary servicing, repair, or correction.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, gross negligence or recklessness, shall Newco be liable for any special or consequential damages that result from the use of, or the inability to use, the Materials, or resulting from the alteration or deletion of any posted messages, even if Newco or a Newco authorized representative has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or other problem or reason, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such states, the liability of Newco is limited to the greatest extent permitted by such state law. In no event shall Newco’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence, gross negligence or recklessness) or otherwise exceed the amount paid by you to Newco, if any to Newco, for accessing the Newco Website.

Indemnification

You agree to indemnify and hold Newco, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of this website, the Materials, the violation of these Terms of Use by you, or the infringement by you, or other user of the site using your computer, of any intellectual property or other right of any person or entity. Newco reserves the right, at your own expense, to assume the exclusive defense and control of (but not the liability for) any matter otherwise subject to indemnification by you. You will be liable to Newco for Newco’s reasonable attorney fees in such case.

Links to Other Websites

This web site may contain links or references to other web sites maintained by third parties over whom Newco has no control. Such links are provided merely as a convenience. Newco makes no representation whatsoever regarding the content of any other websites which may be accessed from the Newco Website. Newco is not responsible for the accuracy or availability of non-Newco websites and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Newco shall not be liable any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on nonNewco websites or resources. All concerns regarding any external link should be directed to its respective site administrator or webmaster.

Miscellaneous

If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Newco reserves the right to alter or delete materials from this web site at any time at its discretion.

Governing Laws

This Terms of Use Agreement and your use of the web site shall be governed by the laws of the United States of America and the State of Missouri without regard to its conflicts of laws principles. Any legal action or proceeding related to this web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Missouri.

Changes

Any changes to these Terms of Service will be communicated promptly on this page.