NewForm, Inc
Website Terms of Use/Click-Through Agreement
By accessing the Site and any information contained herein (the “Site”), you accept and agree to the following terms and conditions (“Terms of Use”). NewForm, Inc and its affiliates (collectively “NewForm”) reserve the right to change these Terms of Use without notice at any time and at NewForm’s sole discretion. You acknowledge and agree that NewForm may restrict, suspend or terminate the Terms of Use or your access to, and use of, all or any part of the Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms of Use as determined in NewForm’s absolute discretion, and without prior notice or liability. Each use of the Site constitutes your agreement to be bound by and comply with the then-current Terms of Use. If, at any time, you do not agree to be bound by or comply with these Terms of Use, then you should cease accessing or using this Site.
NewForm owns and maintains this Site. All information contained herein is solely for the use of those persons that have been granted permission to access and use this Site by NewForm. Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of NewForm, any of its affiliates and/or any other entity described on the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material to any user hereof. Any data that you transmit to the Site becomes the property of NewForm and may be used by NewForm for any lawful purpose without restriction, subject to NewForm’s privacy policy and these Terms of Use. NewForm reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to all material contained in the Site.
NewForm grants you a limited, nonexclusive license to use portions of the Site for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site without the prior express written consent of NewForm, which may be withheld in its sole and absolute discretion.
THIS SITE AND THE INFORMATION INCLUDED HEREIN IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANYTHING ON THE SITE BE CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, DERIVATIVE, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT. ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE BY SUCH MEANS AND IN SUCH JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL, AND ONLY TO INDIVIDUALS WHO MEET APPLICABLE INVESTOR SUITABILITY REQUIREMENTS AS DETERMINED FROM TIME TO TIME BY NewForm IN ITS SOLE AND ABSOLUTE DISCRETION.
The material on this Site should not be construed as investment advice or any recommendation of a particular transaction. NewForm is not soliciting any action based upon it. Furthermore, the information on the Site is not intended for distribution to, or use or access by, any person in any state or jurisdiction where such distribution, use or access would be contrary to applicable law or regulation or which would subject NewForm to any additional registration or licensing requirements. Similarly, nothing contained herein shall be deemed to constitute a solicitation to open an account with, become a customer of, or engage in any transaction with or through NewForm.
The financial instruments discussed herein may be unsuitable for certain investors, depending upon their specific investment experience and objectives and their financial circumstances. Those accessing the Site should make such investigations as are necessary to arrive at an independent evaluation of the merits of transactions involving the financial instruments discussed herein. In addition, those accessing the Site should consult their own legal, tax, accounting and financial advisers regarding the economic benefits and risks of the financial instruments described herein, and the potential legal, regulatory, credit, tax and accounting impact of such financial instruments or transactions therein based upon their individual circumstances. Those accessing the Site agree that they will make their own independent determination in effecting or entering into any transaction involving such financial instruments, whether or not effected through NewForm.
To the extent that you make use of the Site or any functionality herein to conduct pre-trade analysis or calculations relative to transactions involving financial products referenced herein, please note that (i) NewForm does not guarantee the accuracy or reliability of such analyses or calculations, (ii) such analyses or calculations relate only to transactions effected at the time such analyses or calculations are effected, and (iii) in any event, it may not be possible to effect or execute a transaction at the price(s) indicated in such analyses or calculations. Such price(s) might not be available in the relevant marketplace and may change or fluctuate rapidly. Furthermore, the execution of a transaction in such financial products can impact the market price thereof. NO SUCH ANALYSIS OR CALCULATION SHALL BE DEEMED TO BE AN OFFER BY NewForm TO BUY OR SELL ANY SUCH FINANCIAL PRODUCT AT THE PRICE(S) INDICATED IN SUCH ANALYSIS OR CALCULATION.
Portions of the Site which are password-protected may be accessed only by users who have been issued passwords by an authorized representative of NewForm. No one may obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by NewForm for your specific use.
PLEASE NOTE: NewForm has adopted a privacy policy that governs its use and disclosure of information about its customers and others about whom it has information, including those who access this Site. This privacy policy is accessible at www.newform.com/privacy or by clicking on this link www.newform.com/privacy
NewForm makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Any content of the Site is subject to change without notice. As noted above, permission by NewForm to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice nor should it be construed as solicitation or recommendation of a particular transaction. There can be no assurance that any targeted returns or results mentioned herein will be achieved. Any statements herein that are not historical facts are based upon current expectations, estimates and projections, but involve a variety of known and unknown risks and uncertainties. Actual events, results or performance may differ materially. Certain economic and market information contained herein has been obtained from sources prepared by third parties. While such sources are believed to be reliable, there is no assurance thereof and no guarantee that such information is accurate or complete.
All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses, and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you access.
NewForm has not reviewed any of the websites that may be linked to the Site, and is not responsible for the content of off-site pages or any other website linked or linking to this Site. NewForm is not responsible for the privacy practices of such other websites. Your linking to or use of any websites other than this Site is at your own risk. NewForm’s inclusion of links to other websites does not imply any endorsement of any kind by NewForm of such websites. NewForm disclaims any responsibility for the products or services offered or the information contained on any websites other than this Site.
NewForm, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND/OR THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. THIS SITE AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN “AS AVAILABLE” BASIS. NewForm HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.
NewForm, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. NewForm, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OF KIND TO, VIRUSES THAT MAY INFECT, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY, ON ACCOUNT OF YOUR ACCESSING OR USE OF THIS SITE.
IN NO EVENT SHALL NewForm, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING, PROFITS, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, USE, OPPORTUNITY OR DATA; (II) ANY INFORMATION AND MATERIALS CONTAINED ON OR OBTAINED THROUGH THE SITE; OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THE FOREGOING LIMITATIONS APPLY EVEN IF NewForm, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR COULD HAVE FORESEEN THE DAMAGES. FURTHER, NewForm WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OF USE OR WITH APPLICABLE FEDERAL, STATE AND/OR LOCAL LAWS. SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF NewForm, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. IN NO EVENT SHALL NewForm’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR $50, WHICHEVER AMOUNT IS LOWER.
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of any NewForm party or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.
You hereby agree, at your own expense, to indemnify, defend and hold NewForm, its affiliates and their officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any claim. NewForm reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NewForm.
Prohibited Uses. In addition to the other limitations discussed in these Terms of Use, because all servers have limited capacity and are used by many people, you may not use the Site in any manner that could damage or overburden any NewForm server, or any network connected to any NewForm server. You may not use the Site in any manner that would interfere with any other party’s use of the Site. You may not use, transfer, distribute or dispose of any information contained in the Site in any manner that could compete with the business of NewForm.
Usage Monitoring. NewForm reserves the right, but does not have the obligation, to access, archive, or monitor any use of this Site, or your use of this Site and your communications to the Site. Any personal information is collected during such monitoring will be used in accordance with NewForm’s then-current privacy policy. By accessing the Site, you accept NewForm’s right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these Terms of Use, or for any other reason. You agree that NewForm’s monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which NewForm monitors your Site usage and enforces, or fails to enforce, these Terms of Use.
These Terms of Use are governed by the internal laws of the State of Virginia, without reference to its conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in Prince William County, Virginia, U.S.A., as the exclusive jurisdiction and venue for the adjudication of any disputes arising out of or relating to the use or accessing of the Site.
Any notice to NewForm shall be given in writing and sent by registered mail to NewForm at 9939 Nethy Bridge Ct, Bristow, VA 20136, Attention: Chief Operating Officer.
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
