Unless otherwise stated in these Terms of Use, all references to “the Company” include NeuMillennial, LLC and all of its affiliates.
By entering and using the Site, you acknowledge and agree that this Site will only be construed and evaluated according to United States law. If you use this Site from other locations, you are responsible for complying with any and all applicable laws. Any and all information contained within the Site, including but not limited to information regarding the Company’s products, applies only to those products provided or offered within the United States.
1. Ownership of Content and Intellectual Property
The Company owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Absent the Company’s express written permission as to particular Content on the Site, you may use the Content only for personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for these purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. Except as expressly authorized by these Terms of Use, you may not distribute, publish, download, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, without the Company’s prior written consent, provided that (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
The Company owns or licenses all trademarks, service marks, and trade names on the Site, unless stated otherwise on the Site. You may not use these marks without the Company’s prior express written permission.
Except as expressly provided above, the Company is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms of Use will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of the Company or any third party. You obtain no rights in the products, equipment, processes, or technology described on this Site by accessing or using the Site. The Company and any third-party owners retain all of those rights.
If you wish to make any use of Content other than as authorized in this section, please contact us at the following e-mail address: contactus@neumillennial.com.
2. Claims of Copyright Infringement
If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to:
NeuMillennial, LLC
Attn: Legal Compliance
PO Box 79220
Charlotte, NC 28271
3. Prohibited Uses
You may use the Site only for lawful purposes in accordance with these Terms of Use. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation; (c) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (d) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the section of these Terms of Use entitled “Ownership of Content and Intellectual Property”; (e) to transmit, or procure the sending of, any advertising, commercial, or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation; (f) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (g) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability, or (h) to interfere with the proper working of the Site.
4. Privacy
Any information, including personally identifiable information, that you submit to the Site will be used by the Company in accordance with the Privacy Policy as posted. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Links to Third Party Websites
The Site contains links to other websites that are not operated by the Company. These links are provided to you only as a convenience. Such linked sites are not under the control of the Company and the Company is not responsible for their content or any actions taken by the operators of such other sites. The inclusion of any link on the Site is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein.
6. Persons under the age of 21
Persons under the age of twenty-one (21) are not permitted to access or use the Site. By accessing and/or using the Site, you represent and warrant to the Company that you meet the foregoing age requirement. Any person under the age of 21 who uses the Site is in violation of these Terms of Use and must exit the Site immediately.
7. Disclaimer of Warranties
The Company makes no guarantees, warranties, or representations as to the timeliness, quality, completeness, reliability, accuracy, operability, and/or availability of any of the information, materials, or other content on the Site, and expressly disclaims all responsibility and liability with respect to such information, materials, or other content. Any opinions, recommendations, views, or other statements should not be relied on as facts. The Site may be unavailable from time to time. The Site may contain inaccuracies or typographical errors. The Company disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. The Company does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. The Company and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data.
ALL CONTENT CONTAINED IN THIS SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES WITH RESPECT TO (A) THE PERFORMANCE, FUNCTIONALITY, RELIABILITY, CONTINUOUS AVAILABILITY, SECURITY, OR OPERATION OF THE SITE, (B) THE ACCURACY, CURRENCY, COMPLETENESS, VALIDITY, OR RELIABILITY OF THE INFORMATION OR OTHER CONTENT ON THE SITE, OR (C) THE ABSENCE OF VIRUSES OR OTHER HARMFUL CODE ON THE SITE.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS IN CONNECTION WITH SUCH MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitations of Liability
YOUR USE OF THIS SITE OR ANY OF THE CONTENT AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, LOSSES, OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM THE COMPANY, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE COMPANY, OR (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Assumption of Risk; Waiver
YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM THE USE OF THE SITE OR THE CONTENT CONTAINED ON THE SITE. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE COMPANY, AND ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, LIABILITIES, OR OTHER OBLIGATIONS RESULTING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE.
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Site, (b) your violation of any rights of any other company or person in connection with this Site, or (c) your violation of the Terms of Use or the Privacy Policy.
11. Severability
If any provision in these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain effective to the fullest extent permitted by applicable law.
12. Governing Law; Jurisdiction
The Terms of Use (including the Privacy Policy) are governed by the laws of the State of North Carolina, excluding its conflicts of law principles. You irrevocably submit to and waive any objection to the jurisdiction and venue of the United States District Court for the Western District of North Carolina or the state courts of North Carolina located in Mecklenburg County, North Carolina, with respect to any claim arising from or relating to the Terms of Use or your use of the Site.
13. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Changes to the Terms of Use
The Company reserves the right to revise the Terms of Use at any time and for any reason. The modified Terms of Use will become effective immediately after the Company posts them on the Site. By entering the Site, you acknowledge and agree that you shall be bound by any such revisions. It is your responsibility to visit this page and review the Terms of Use each time you access the Site so that you are aware of any modifications made to the Terms of Use. You can determine when the Terms of Use were last revised by referring to Section 19 of the Terms of Use. If you do not agree to the modified Terms of Use, you are not authorized to access or use the Site.
15. Modification of the Site
The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Site or any part of the Site from time to time, for any or no reason and without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. The Company may change the information and materials on the Site from time to time at its sole discretion.
16. Electronic Communications
When you visit the Site or send e-mails to the Company, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
17. Support; Questions; Comments
To report any technical problems with the Site (such as links that do not connect or downtime) or if you have any other questions or comments about the Site, please notify us via the website Contact Us page.
18. Void Where Prohibited
The Site is accessible anywhere in the world. However, some of the functions, features, or other Content mentioned on the Site may not be available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the Promotions offered through the Site. The Company reserves the right, in its sole discretion, to limit the availability of the Site to any person, geographic area, or jurisdiction at any time.
19. Last Updated
These Terms of Use were last updated on January 1, 2016.