Terms and Conditions
SERVICES AND REGISTRATION
This Site provides a platform for serving Newport Acquisitions and its customers, including providing industry related information and profiles, articles, industry updates, news, and interviews, service provider listings, blogging, video and posting, private messages, watch list management, conference listing and any other services which we may provide from time to time through the Site (collectively, the “services”).
USE OF INFORMATION AND MATERIALS
The unauthorized use of the Newport Acquisitions Site, including but not limited to, unauthorized access to the Site, other User’s accounts, or other computers or websites connected or linked to this Site, and misuse of passwords, or misuse of any Content (defined below) posted on the Site is strictly prohibited. The User’s eligibility for access to and use of the Newport Acquisitions Site and Content (defined below) is subject to final determination and approval by Newport Acquisitions.
You acknowledge and agree that any and all content, information, data, text, music, sound, graphics, software, code, video, audio, feedback, documentation, photographs, discussions, news, articles, messages, postings, listings, advertisements, marketing, and other materials, available, displayed on, posted to, transmitted or distributed through the Site by Newport Acquisitions or Users, including in chat rooms and on discussion boards (“Content”), are the sole responsibility of the person from which such Content originated and is viewed and used by you at your own risk. Under this Agreement, “Users” mean you, investors, managers or representatives of Funds, Service Providers, members, consumers, and any other persons visiting this Site. The views expressed by you and other Users of the Site or Services do not necessarily reflect the views of Newport Acquisitions.
Use of the Internet is solely at your own risk and is subject to all applicable Laws (defined below). Newport Acquisitions has attempted to create a secure and reliable Site, however, it is important to be aware that the confidentiality or privacy of any communication and Content transmitted to or from the Site and over the Internet cannot be guaranteed. In this regard, the User acknowledges and agrees that, to the extent the provision of Services through the Site is dependent on the use of the Internet, the provision of Services may be adversely affected by, among other risks, breaches in security, temporary loss of Services, delays in Services and/or inconsistent quality of Services, loss of data and/or business interruption, and uncertain legal, regulatory and tax issues concerning the use of the Internet, all of which risks are beyond Newport Acquisition’s control. In the event of the occurrence of any such risk, Newport Acquisitions shall not be liable for any losses, damages, costs or expenses of any nature incurred by the User or any other person in connection therewith.
Newport Acquisitions assumes no responsibility for the transmission, deletion or failure to store Content or other information submitted by you or other Users to Newport Acquisitions. Although certain portions of this Site may be restricted to only authorized persons, Newport Acquisitions shall have no liability if unauthorized persons nevertheless obtain access.
GRANT OF LICENSE
You grant to us a worldwide, perpetual, irrevocable and royalty-free license (with the right to sublicense), to use, reproduce, adapt, transmit, translate, modify, upload, resell, copy, create derivate works from, publish, distribute and display Content provided, posted, uploaded, and transmitted to Newport Acquisitions via the Site in any media now known or hereafter developed. By posting or transmitting Content on the Site or through any of the Services, you warrant and represent that you are the sole owner of such Content or have all rights necessary to post, display, transmit, upload, distribute, resell, copy, derivative works, or reproduce such Content and to grant the rights and licenses here-under to us.
INTELLECTUAL PROPERTY RIGHTS
Newport Acquisitions, its logos, and other trademarks, copyrights, patents and all other intellectual property rights (“Intellectual Property”) included or displayed on the Newport Acquisitions Site that identify Newport Acquisitions services and products are owned by Newport Acquisitions. The use of such Intellectual Property without the express written consent of Newport Acquisitions is strictly prohibited. Copyright in the pages and in the screens of the Site, the design, layout and compilation of the Site, and in the Content therein, is proprietary material owned by Newport Acquisitions unless otherwise indicated. The unauthorized use or misappropriation of any Content and Intellectual Property on the Site may violate numerous Laws, including, but not limited to, copyright, trademark, trade secret or patent Laws.
The Site, Content, Services and any necessary software used in connection with the Services or the software available for download on the Site (“software”) contain proprietary and confidential information that is protected by applicable intellectual property and other Laws and, as between you and us, we own all right, title and interest in and to the Site, the Services, the Content (other than Content provided by you) and the Software. All design rights, databases and compilation and other intellectual property rights associated with this Site, in each case whether registered or unregistered, and related goodwill are proprietary to Newport Acquisitions. You acknowledge and agree that use of all Software downloaded or otherwise accessed from the Site is subject to the license agreements that are displayed or referenced when you access such Software.
You may not sell, distribute or commercially exploit the database located on or the results of any database search performed on this Site. You may make a limited number of hard copies of any search output that does not contain a significant segment of a database, for your personal or internal business use only.
Nothing under this Agreement grants you any rights to the Site, Services, Content, Software or Intellectual Property, including intellectual or proprietary rights, except for the limited rights expressly granted in Section 5 hereof, and all rights not specifically granted in this Agreement are reserved by Newport Acquisitions.
NO PROFESSIONAL ADVICE
The Content on this Site has been prepared for informational purposes only and do not constitute legal, financial, accounting, investment, tax or other professional advice, and you should consult with a financial adviser and legal and tax professionals to assist in conducting due diligence as may be appropriate prior to making any investment decision or hiring any investment manager. Newport Acquisitions shall not have any liability for any reliance on, interpretation or analysis of, or investment decisions, action or inaction based upon information obtained from the Content provided on the Site.
DEALINGS WITH OTHER USERS, SERVICE PROVIDERS AND ADVERTISERS
Your transactions, interactions, correspondence, and relationships with other Users of the Site or Services, including relying on the Content posted, provided or transmitted by another User or procuring the goods or services offered by another User, and any other terms or conditions associated with such matters, are solely between you and such other Users. YOU AGREE THAT Newport Acquisitions IS NOT, AND CAN NOT, BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CLAIMS, LIABILITIES, COSTS, EXPENSES, LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO ANY SUCH MATTERS AND TRANSACTIONS. Newport Acquisitions is not directly or indirectly a party to, participant in and does not monitor, any such matters and transactions between Users of the Site or Services, and your involvement with any such matters is solely at your own risk.
The User represents and warrants that it will make its own evaluation of the creditworthiness, suitability, reliability, and desirability of each User or third party with which it enters into transactions or interacts with as a counter-party or agent, and that it is not relying, and will not rely, on Newport Acquisitions for any information as to the creditworthiness, suitability, reliability, or desirability of any such User or third party.
TERMINATION OR SUSPENSION
NO UNLAWFUL OR PROHIBITED USE
(A) You understand that all Content on the Site, whether publicly or privately posted or submitted, through e-mail services, discussion boards, chat areas, forums or other message or communication facilities designed to enable Users to communicate with other Users, are the sole responsibility of the person from which such Content originated. It is understood that you, and not Newport Acquisitions, are entirely responsible for all Content that you upload, post, submit, e-mail or otherwise transmit to the Site. You agree not to post, submit, transmit, display, upload, distribute, or e-mail or otherwise submit on the Site:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, vulgar, libelous, slanderous, invasive of another’s privacy, hateful, racial, ethnically or otherwise objectionable;
- Content that is illegal, or advocates or intentionally enables illegal activity;
- Content that may harm or harms a minor in any way;
- Content that you do not have the rights, title or interest in to transmit under any and all Laws or under contractual or fiduciary relationships such as any confidential information learned of through an employment relationship;
- Content that infringes any patent, copyright, trademark, trade secret or any other intellectual or proprietary rights, unless you own or control the rights thereto or have received all necessary consents to do the same;
- Content that is or may be considered unsolicited or unauthorized advertising, promotional materials, “junk mail,” “chain letters,” or “pyramid schemes”, “spam,” “phishing,” or any other form of solicitation;
- Content that contains software, viruses, computer code, files or programs that are designed to destroy, limit, or interrupt the functionality of any computer software or hardware or telecommunications equipment;
- Content that may be deemed to violate any applicable Laws;
- Content that is intended to or may be deemed to harass, stalk, or threaten another person or entity; and
- Content that is deemed to create a false identity, or misrepresent your affiliation or relationship with a person or entity for the purpose of misleading others.
(B) You agree you will not, and will not assist or permit others to:
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site or Services;
- Frame the Site, place pop-up windows on any page of the Site, or otherwise change the display or compilation of the Site or its pages;
- Interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Service;
- Collect or store personally identifiable information about other Users; or
- Modify, create derivative works of, reverse engineer, disassemble, decompile this Site or any Software, or technology on this Site or redistribute or sell any section thereof.
NATURE OF THE CONTENT Newport Acquisitions compiles Content provided to it by the Users. Newport Acquisitions has no obligation to verify, monitor, screen, remove, edit, update, or keep current the communication and Content on the Site. However, Newport Acquisitions reserves the right to review or screen Content posted to the Site and to remove, edit, or refuse to post any Content.
LINKS TO THIRD PARTY SITES
DISCLAIMERS OF WARRANTIES
THIS SITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT CONTAINED IN THE Newport Acquisitions SITE, INCLUDING LINKS OR OTHER ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. Newport Acquisitions EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FREEDOM FROM COMPUTER VIRUS. Newport Acquisitions DOES NOT WARRANT THE ACCURACY, RELIABILITY, CURRENCY, ADEQUACY OR COMPLETENESS OF THE CONTENT AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
Newport Acquisitions MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, (A) THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (B) THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, ACCURATE OR RELIABLE, OR (C) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE SERVICES. CHANGES ARE PERIODICALLY MADE TO THE SITE AND TO THE CONTENT CONTAINED THEREIN. Newport Acquisitions MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. NO ADVICE, RECOMMENDATION, OPINION, OR INFORMATION OF ANY KIND, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM Newport Acquisitions OR THROUGH THE SERVICES OR SITE CREATES ANY REPRESENTATION OR WARRANTY.
LIMITATION OF LIABILITY
(A) IN NO EVENT SHALL Newport Acquisitions OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS INFORMATION PROVIDERS BE LIABLE FOR:
1. IN THE CASE OF ALL USERS, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS (WHETHER BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY) IRRESPECTIVE OF WHETHER Newport Acquisitions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE;
3. IN THE CASE OF USERS WHO ARE PAYING MEMBERS, Newport Acquisitions MAXIMUM LIABILITY TO THE PAYING MEMBER WITH RESPECT TO ALL CLAIMS, ACTIONS OR DAMAGES ARISING UNDER OR RELATING TO THIS AGREEMENT, SHALL BE LIMITED TO ONE HUNDRED ($100) DOLLARS.
(B) SOME JURISDICTIONS MAY RESTRICT THE LIMITATIONS OF LIABILITY UNDER THIS SECTION.
This Site is not intended for children under the age of 18. If you are under 18 years of age, please do not use or access this Site at any time or any manner. By using this Site, you affirm that you are over the age of 18. Newport Acquisitions does not seek through this Site to gather personal information from or about persons under the age of 18.
You acknowledge and agree that any and all comments, suggestions or feedback (collectively, “Feedback”) you choose to provide to Newport Acquisitions regarding the Site or Services may be used by Newport Acquisitions, at its discretion, in any manner, without liability or obligation (including, without limitation, monetary compensation) to you. You agree and hereby assign to Newport Acquisitions all rights, title and interest, worldwide, including, without limitation, all intellectual property rights, in and to such Feedback.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information in writing to the Copyright Agent named below:
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and email address;
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works at the Site are covered by the notice, identify a representative list of such works;
- Identify the material that you claim is infringing, or 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 us to locate the material;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the Law;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; and
- A statement by you, made under penalty of perjury, that the information provided in the notice is accurate and that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
We control and operate the Site from our offices in the State of California, United States of America. We do not make any representations or warrant that the Services or Content 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.
You agree to comply with all local Laws applicable to (a) your access to and use of the Site, Content, and the Services, (b) your online conduct, (c) Content provided by you, and (d) your transmission of technical data exported from the United States or the country in which you reside. Access to this Site from jurisdictions or territories where the Contents of this Site are illegal or penalized is prohibited. Newport Acquisitions has no obligation to provide access to the Site and Services and reserves the right to not approve the registration application of a User accessing the Site from such jurisdictions or territories.
All applicable Federal laws of the United States or America and the laws of the State of California shall govern use of this Site and Agreement. You and Newport Acquisitions agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, California, or if such court does not have jurisdiction, the Supreme Court of the State of California, Orange County, for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby.