Website Terms and Conditions of Use
Last Updated September 2021
Thank you for using New Frontier Marketing Associates, LLC’s website. These Terms and Conditions of Use (the “Terms”) are a legally-binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”) and New Frontier Marketing Associates, LLC (also “New Frontier,” “we,” “us” or “our”), concerning your access to and use of our website www.newfrontier.com, and all of our websites, media forms, channels, and services (collectively, the “Site”).
You agree that by accessing the Site in any way, you have read, understood, and agree to be bound by all of these Terms, as well as all applicable laws and regulations in the jurisdiction where you are located. If you do not agree with any of these terms, you are prohibited from using or accessing the Site and must discontinue your use immediately.
- Use License
You understand and agree that materials on the Site are our intellectual property, and protected by copyright and trademark law. Permission is granted to you to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not, in connection with the materials or the Site:
- modify or copy the materials;
- use the materials for any commercial purpose;
- use the materials for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on New Frontier’s Site;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person;
- “mirror” the materials on any other server;
- transfer portions or all of the materials to a file-sharing platform;
- interfere with security-related features of the Site;
- “hack” the Site to attempt to gain information about or contact other users; or
- use the Site in any other manner that is unlawful, unprofessional, abusive, dishonest, discriminatory, or intended to harm us or third parties, in our sole and absolute discretion.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by New Frontier at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must immediately destroy any downloaded materials in your possession, whether in electronic or printed format.
The materials on New Frontier ‘s Site are provided “as is,” and “with all faults.”. New Frontier makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property or other violation of rights. Further, New Frontier does not warrant or make any representations concerning the accuracy, completeness, currentness, or reliability of the materials on its Site or otherwise relating to such materials or on any sites linked to the Site. Past results in any way associated with the Site do not indicate future performance.
In no event shall New Frontier or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on New Frontier’s Site, even if New Frontier has been notified orally or in writing of the possibility of such damages. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Revisions and Errata
The materials appearing on New Frontier’s Site could include technical, typographical, or photographic errors. New Frontier does not warrant that any of the materials on the Site are accurate, complete, or current.
We reserve the right to change, modify, or remove materials on the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
New Frontier has not reviewed all of the third-party sites linked to its Site and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by New Frontier of any third-party site. Such third-party sites may be subject to their own terms and conditions of use, which we encourage you to read before visiting and using such sites. Use of any such linked website is at the user’s own risk.
You agree to defend, protect, indemnify and hold New Frontier, LLC its subsidiaries, affiliates, officers, agents, predecessors and successors in interest , harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- your use of the Site or related services;
- a breach of these Terms; or
- any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Site.
- Term and Termination
These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking access), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation.
- Severability Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.
If a dispute arises under these Terms, you agree that the Federal Arbitration Act shall govern the interpretation and enforcement of such dispute. The arbitration will be governed by JAMS, an established alternative dispute resolution provider and its procedural rules. The arbitrator has the exclusive authority to: (i) determine the scope and enforceability of this arbitration provision, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of these Terms. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. Costs of arbitration, including attorneys’ fees, will be allocated by the arbitrator.
Notwithstanding the foregoing provisions, in the event that a breach of this Agreement causes or is likely to cause irreparable harm to a party, nothing herein shall prevent the aggrieved party from seeking injunctive relief from the court.
Due to this arbitration provision, you waive your right to a jury trial, and you waive any right which may be applicable to bring, or join with others, in a class action lawsuit. In the event that you raise any claim or dispute which is determined by the arbitrator to be frivolous, or brought in bad faith, or without a legal or factual basis, you hereby waive your right to contest an allocation of appropriate sanctions sought by us against you and/or awarded by the arbitrator.
- Governing Law
These Terms and our legal obligations hereunder are subject to the laws of the State of New Jersey, regardless of your location. You hereby consent to arbitration as set forth above, however, in the event that an arbitration award requires enforcement or challenge, any court involved in such a dispute shall be a federal or state court with competent jurisdiction located in New Jersey, United States.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Sit constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
For questions or concerns, we can be contacted at [email protected], or by mail to New Frontier Marketing Associates, LLC, 44 Main Street, Suite 5, Millburn, New Jersey 07041.