"We", "us", "our", and "Newman" refer to Newman Ministry, LLC., the owner and operator of the Website, Newman App, and Services provided by Newman.
"Cookies" refer to small files, containing text or a string of characters, which identify the user of a website and are sent by the website to the user's device for recordkeeping purposes.
"Campus Ministries" refers to the individual campus ministries located at colleges, universities and other secondary educational institutions, that have been granted access to and use of the Site.
"Profile(s)" refers to the Personal Information and other information Registered Users provide to Newman when registering to become a member of the Services and creating an Account.
"Non-Registered User(s)" refers to anyone who visits, views, browses and/or otherwise uses the Site without registering an Account and creating a Profile.
"Personal Information" refers to the information collected from you via the Website and Newman App. This information may include: your name, title, address, phone number, email address, demographic information, such as age and gender, birth date, educational information, and other information that may be personally identifiable to you. This information does not include: your Social Security Number; Individual Taxpayer Identification Number; driver's license number or state-issued identification card number; or financial or credit account numbers, including credit card or debit card numbers.
"Account(s)" refers to accounts created and maintained by you.
"Services" refers to the Website, Newman App, and the information, materials, products and services provided on or through the Website and Newman App.
"Registered User(s)" refers to someone who visits, views, browses or otherwise uses the Site after having registered an Account and Profile.
"Technology" refers to the Site, and its entire contents, features and functionality (including but not limited to, all information, software, hardware, databases, data, underlying information, text, displays, user interfaces, images, video and audio, and the design, selection and arrangement thereof).
App Store. When you download our App from Apple Store, Google Play or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:
B. The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.
C. The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.
You are not required to create a Profile in order to use the Website. Newman offers Non-Registered Users the ability to search the Website, view the information and access certain materials without requiring registration via the Site.
B. Account Credentials. You are solely responsible in all respects for all use of and for protecting the confidentiality of your unique password. You agree to notify us immediately of any unauthorized use of your password or other credentials for your Account and any other suspected breach of security regarding the Site. If you discover or believe that your Account has been accessed or used without your authorization, please contact us at firstname.lastname@example.org. Newman is not liable for and you hereby release Newman from any liability for any loss or damage arising from the unauthorized use of your password and credentials. You are responsible for all activity on and use of your Account, and you may not assign or otherwise transfer your Account to any other person or entity.
C. Equipment. You are responsible for obtaining access to the Site and Services and for having all the equipment necessary to do so, even if that means you incur fees from a third party (such as an Internet Service Provider), including telephone, equipment, airtime, or Internet Service Provider charges.
The Technology and all content provided in connection therewith are owned by Newman, or licensed by Newman from third parties, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
C. Copyright Policy. Newman respects the copyrights of third parties. You may not use the Site to post, modify, distribute, or reproduce any copyrighted works without authorization or to otherwise infringe the copyrights of a third party. It is our policy to terminate the Accounts of users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent. If you believe that your copyrighted work has been posted or used on the Site in a manner that constitutes copyright infringement, please provide Our Copyright Agent (defined below) with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you 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 by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our "Copyright Agent" for notice of claims of copyright infringement may be reached by mail at: email@example.com.
D. Feedback. You agree that submission of any ideas, suggestions, and/or proposals to us ("Feedback") is at your own risk and that Newman has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Newman a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights. Newman will treat any Feedback you provide to Newman as non-confidential and non-proprietary. You agree that you will not submit to Newman any information or ideas that you consider to be confidential or proprietary.
A. User Content. "User Content" means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Article VI(C)). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Newman. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Newman is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. Newman has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Site or Services. You acknowledge that Newman has no obligation to pre-screen User Content, although Newman reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason. Please make sure that you only provide information to the services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible by users of the site and services.
B. License. You hereby grant (and you represent and warrant that you have the right to grant) to Newman an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site and Services and operating and providing the Site and Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
C. Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
i. You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (1) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (3) that is harmful to minors in any way; or (4) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
ii. In addition, you agree not to: (1) upload, transmit, or distribute to or through the Site or Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (2) send through the Site or Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (3) use the Site or Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (4) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services, or violate the regulations, policies or procedures of such networks; (5) attempt to gain unauthorized access to the Site or Services (or to other computer systems or networks connected to or used together with the Site or Services), whether through password mining or any other means; (6) harass or interfere with any other user's use and enjoyment of the Site or Services; (7) use software or automated agents or scripts to produce multiple accounts on the Site or Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site or Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site or Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); (8) use reverse looking-up, tracing or seeking to trace any information on any other user of or visitor to the Site or any other consumer of Newman, including any Account or Profile not owned by you, to its source, or exploit the Site or information made available or offered by or through the Site, in any manner in which the purpose is to reveal or misuse any information, including but not limited, to Personal Information, other than your own information, as provided by the Site; (9) license, sublicense, sell, rent, convey, pledge as security, lend, loan, lease, transfer, assign, reproduce, or distribute to a third party the Site or Services, or your rights to either, or otherwise encumber the rights and licenses granted hereunder; (10) copy, republish, download, display, post, save, disclose, modify, store, co-brand, alter, or transmit in any form or by any means any part of the Site or Services, and all information and materials provided in connection therewith, or create compilations or derivative works of the Site or Services or any part thereof; (11) dissemble, decompile, reverse-compile, translate, adapt, reverse-engineer, or otherwise attempt to derive any part of the Site or Services or its method of operation; (12) use the Site or Services to impersonate or attempt to impersonate Newman, a Newman employee, another user, and educational institution and/or campus ministry, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (13) use the Site or Services 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, including the U.S. Foreign Corrupt Trade Practices Act, and the U.S. Export Administration Act),
E. Forum Guidelines. The Site or Services may include various areas that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real-time (the "Forums"). In connection with such Forums, you agree to abide by any rules that Newman publishes in connection therewith, including but not limited to, the prohibition on use of the Site or Services for any unlawful purpose. Although Newman may from time to time review the Forums, you acknowledge and agree that Newman is under no obligation to monitor or control, and will have no liability for, any information available via the Forums. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Forums are those of their respective authors who are solely responsible and liable for their content. Newman reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Forums.
F. Ownership. Each user owns its own User Content. By making available your User Content on or in the Site or Services, you represent that you own or have all rights necessary to make available your User Content.
A. Third-Party Links & Ads. The Site or Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Newman, and Newman is not responsible for any Third-Party Links & Ads. Newman provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
B. Other Users. Each user of the Site or Services is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users of the Site or Services are solely between you and such users. You agree that Newman will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Site or Services, we are under no obligation to become involved.
C. Release. You hereby release and forever discharge Newman (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site or Services (including any interactions with, or act or omission of, other users of the Site or Services or any Third-Party Links & Ads). If you are a California resident, you hereby waive California civil code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Using our Site and Services in other locations other than the United States may not be appropriate given foreign laws and regulations. If you use our Site or Services outside of the United States, you are responsible for complying with those foreign laws and regulations. We reserve the rights to limit the availability of the Site and Services to any person, geographic area, or jurisdiction we so desire at any time in our sole discretion.
IX. Interruption of Our Services
X. Reliance on Information Posted.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Newman, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Newman. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
XI. Termination or Deletion of Account.
B. Termination by You. You may delete your Account at any time, for any reason, by following the instructions on the Site or Services or uninstalling the Newman App. Following deletion of your Account, we may, however, retain an archived copy of your Personal Information for our records and internal business purposes, but will not publicly display or otherwise provide your Personal Information uploaded to your Account to third parties.
XIII. LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES SHALL NEWMAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF EVEN IF NEWMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEWMAN IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS OR SERVICES ACQUIRED THROUGH OUR SITE. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF NEWMAN OR OF ANY THIRD PARTY. WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SITE OR SERVICES.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE ACQUIRED, USED, OR ACCESSED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO (IF SUCH A MINIMUM EXISTS).
In all instances, we retain the right to participate, at our own expense, in the defense of any such matters. We will make reasonable efforts to notify you of any such indemnified matter upon becoming aware of it. We may elect to settle any indemnified matter and you will be liable for those damages as if we had proceeded to trial. These provisions survive the cancellation, expiration, suspension, or termination of your access to and use of our Website, Job Bank, or Services.
I. Data Breach. While Newman employs security measures to maintain data security, data breaches can occasionally happen, even to the most secure of systems. In the event of such a situation, Newman will, in compliance with any applicable federal and state data breach laws, endeavor to timely notify all users whose Personal Information Newman knows or has irrefutable reason to believe was accessed by an unauthorized person.
J. Force Majeure. You agree that we are not responsible to you for anything that Newman may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, or shortage of materials.