Last updated Oct 07, 2011

• Acceptance of Terms
• General Use of nuwom.com
• Content Contained in nuwom.com
• Content You Provide
• General Terms
  • Applicable Law
  • Interpretation of the Terms of Use
  • Disclaimer of Warranties
  • Indemnification
  • Limitation of Liability
  • Copyright

Acceptance of Terms

By accessing or using any part of nuwom.com or the services provided on nuwom.com or other Web sites as set forth below (collectively, the "Services"), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by nuwom.com from time-to-time without notice to you (the "Terms of Use"). These Terms of Use constitute a binding contract between nuwom.com and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at: http://nuwom.com. If you do not wish to be bound by these Terms of Use, please do not access or use any part of nuwom.com.

Additional terms may govern use of certain Web sites or Web pages within nuwom.com. In the event that any provision, term or guideline contained on a particular Web site or Web page in nuwom.com conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

General Use of nuwom.com

Unless specified otherwise, nuwom.com offers you access to nuwom.com solely for your personal and non-commercial uses. You agree to only access or use nuwom.com only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:

• except with the express written permission of nuwom.com, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from nuwom.com, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information;
• damage, disable, overburden, or impair nuwom.com or interfere with any other party's use and enjoyment of nuwom.com;
• obtain or attempt to obtain any materials or information through any means not made readily accessible by nuwom.com through nuwom.com.

Except with the express written permission of nuwom.com, you agree that you will not access or attempt to access password protected, secure or non-public areas of nuwom.com.

Except with the express written permission of nuwom.com, you agree that you will not create links from any Web site or Web page to any page within nuwom.com; provided however upon prior written notice to nuwom.com at frontdesk@nuwom.com, you may create a link directly to any of nuwom.com pages, including, but not limited to pages currently located at http://nuwom.com. The origin of any link to any nuwom.com page must be accompanied by a clear and prominent attribution indicating that the link is connected to nuwom.com home page. By creating a link to nuwom.com, you agree that (a) you will not employ any technology that results in the placement of content from nuwom.com in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of nuwom.com from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of nuwom.com. nuwom.com reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that nuwom.com so requests.

You agree that nuwom.com may in its sole discretion and at any time terminate your access to and use of nuwom.com, or any part thereof, with or without notice. You further agree that use of nuwom.com and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, nuwom.com reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through nuwom.com may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by nuwom.com to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, nuwom.com does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release nuwom.com from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.

Content Contained in nuwom.com

nuwom.com and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on nuwom.com (collectively, "Content") is owned by nuwom.com and/or third parties with all rights reserved unless otherwise noted. nuwom.com grants you a limited license to access and use nuwom.com and Content solely for informational, personal and non-commercial purposes (including printing individual pages from nuwom.com provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of nuwom.com or Content, except with express written consent of nuwom.com. You understand that all third party Content posted on, transmitted through, or linked from nuwom.com, is the sole responsibility of the third party originator of such Content. Content is provided through nuwom.com AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall nuwom.com be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that nuwom.com does not screen or approve third-party Content, and that nuwom.com shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or nuwom.com any Content that is available via nuwom.com, for any reason.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, "Transmit" or "Transmitting" as appropriate) Content on or through nuwom.com, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via nuwom.com. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others' interests in such Content to nuwom.com as provided below.

You promise that you will not use nuwom.com to:

• Transmit any Content
  • not related to appropriate subject matters;
  • which is misleading to others, including consumers;
  • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • that you do not have a right to post and transmit under any law or under contractual relationships;
  • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• intentionally or unintentionally violate any applicable local, province, national or international law, or any regulations having the force of law.

By Transmitting Content to nuwom.com, you grant, and you represent and warrant that you have the right to grant, to nuwom.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of nuwom.com, you grant nuwom.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on nuwom.com by any party for any purpose.

nuwom.com is committed to maintaining the privacy and security of any and all such information that you provide to nuwom.com through nuwom.com in accordance with its Privacy Policy.

General Terms

Applicable Law

This Terms of Use is governed by the laws of the Province of Ontario, Canada. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Ontario, City of Toronto in all disputes arising out of or relating to accessing or using of nuwom.com. Access or use of nuwom.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and nuwom.com as a result of the Terms of Use or accessing or using nuwom.com. nuwom.com's performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of nuwom.com's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of nuwom.com or information provided to or gathered by nuwom.com with respect to such use.

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and nuwom.com), the Terms of Use constitutes the entire agreement between you and nuwom.com with respect to nuwom.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and nuwom.com with respect to nuwom.com. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF NUWOM.COM, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NUWOM.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF NUWOM.COM, SERVICES AND/OR CONTENT. NUWOM.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD NUWOM.COM, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO NUWOM.COM AND/OR NUWOM.COM AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Limitation of Liability

IN NO EVENT SHALL NUWOM.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF NUWOM.COM, WITH THE DELAY OR INABILITY TO ACCESS OR USE NUWOM.COM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH NUWOM.COM, OR OTHERWISE ARISING OUT OF THE USE OF NUWOM.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NUWOM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF NUWOM.COM, AND ALL OTHER USE OF NUWOM.COM, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF NUWOM.COM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING NUWOM.COM.

Copyright

All materials on nuwom.com (as well as the organization and layout of nuwom.com) are owned and copyrighted or licensed by nuwom.com, its corporate affiliates or its third-party vendors. © nuwom.com, 2011, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on nuwom.com is permitted without the written permission of nuwom.com. Any rights not expressly granted herein are reserved.

When accessing our Website, nuwom.com will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site.

If you visit our site to read or download information on our pages, we collect and store only the following information about you:

1. The name of the domain from which you access the Internet
2. The date and time you access our site
3. The Internet address of the website you used to link directly to our site.

If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message.

The information collected is for statistical purposes. nuwom.com may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

For site security purposes and to ensure that this service remains available to all users, nuwom.com uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

nuwom.com will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.