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TERMS AND CONDITIONS 

Agreement between user and newesq.com

Welcome to newesq.com. The newesq.com website (the “Site”) is comprised of various web pages operated by New ESQ, LLC. (“New ESQ”). Newesq.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of newesq.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

New ESQ is platform offering fresh opinions on recent news developments through various forms of content.

Electronic Communications

Visiting newesq.com or sending emails to New ESQ constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

New ESQ does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use newesq.com only with permission of a parent or guardian.

Links to third party sites/Third party services

newesq.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of New ESQ and New ESQ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. New ESQ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by New ESQ of the site or any association with its operators.

Certain services made available via newesq.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the newesq.com domain, you hereby acknowledge and consent that New ESQ may share such information and data with any third party with whom New ESQ has a contractual relationship to provide the requested product, service or functionality on behalf of newesq.com users and customers.

Third party vendors use cookies to serve ads based on your prior visits to websites. Google’s use of advertising cookies enables it and its partners to serve ads to you based on your visit to this New ESQ.  You may opt out of personalized advertising by visiting Ads Settings. Alternatively, you can opt out of a third-party vendor’s use of cookies for personalized advertising by visiting www.aboutads.info.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use newesq.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to New ESQ that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of New ESQ or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. New ESQ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of New ESQ and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of New ESQ or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by New ESQ from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the New ESQ Content accessed through newesq.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless New ESQ, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. New ESQ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with New ESQ in asserting any available defenses.

Copyright Infringement Policy

If you believe that any of the information presented on this website has been used or presented in a way that constitutes copyright infringement, you must provide our Designated agent (at the address listed below) with the following: (1)a physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright; (2) identification of the copyrighted work or works claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; (4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); (5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and (6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Once proper notice has been received by our Designated agent, it is our policy to (1)  remove the infringing material, (2) notify the offending party of such infringement (3) revoke the offending party’s access to the system and/or ability to post content.

Liability disclaimer

 

THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEW ESQ, LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

NEW ESQ, LLC. AND/OR ITS SUPPLIERS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEW ESQ, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEW ESQ, LLC. AND/OR ITS SUPPLIERS 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 THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEW ESQ, LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

New ESQ reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and New ESQ as a result of this agreement or use of the Site. New ESQ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of New ESQ’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by New ESQ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and New ESQ with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and New ESQ with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

New ESQ reserves the right, in its sole discretion, to change the Terms under which newesq.com is offered. The most current version of the Terms will supersede all previous versions. New ESQ encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

New ESQ welcomes your questions or comments regarding the Terms:

New ESQ, LLC.

244 5th Avenue Suite A287

New York, New York 10001

Email Address:

newesqllc@gmail.com

Updated May 29, 2018

 

CONTRIBUTORS 

Please read this agreement before submitting any content to the site.

New ESQ (“New ESQ” or “Website”) provides a platform for insightful expression by allowing users to submit various types of matter (“Content”) to our website. By submitting Content to the Website, you (“Contributor” or “you”) agree to the terms stated below.

We are happy to have you work with us. But you don’t work for us. It is understood by you and New ESQ that Contributor is an independent party with respect to New ESQ, and not an employee of New ESQ. New ESQ will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Contributor. There is no expectation of compensation or remuneration for contributing to the Website.

Submit when and what you want. New ESQ works hard at producing original, quality content to inform and entertain our users. But, it is also important that our website serves as a voice for its followers. This is why we invite users to contribute original work for publication. We may communicate with Contributors regarding availability to submit Content. Whether you submit is totally up to you. The preceding policy is not applicable to Sincerely, J.D. Contributors, who are required to post once per month to remain an active member of the series. 

We want your Content to look its best and get seen on the web. Contributors are encouraged to create Content based on topics of your choosing. You are expected to maintain good standards by engaging in thorough research and editing of your Content before submission. Website editor may suggest revisions to your Content. New ESQ reserves the right of final editorial approval of all Content before it is published on the Website. This includes the right to make edits as necessary for grammatical accuracy and/or search engine optimization performance.

We have the right to publish your Content, but it belongs to you.  In accordance with this agreement, Contributor grants New ESQ a non-exclusive, royalty-free, perpetual license to display the Content in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are necessary to exercise the rights in all media and formats. Contributor retains title and ownership of the Content. Contributor will own all rights to Content created by Contributor in connection with this license.

The Content originated with and belongs solely to you. Contributor hereby covenants, warrants and represents to Website:

(a) Contributor is the sole owner and creator of the Content and has the exclusive right to use, copy, distribute and transfer the Content without limitation.

(b) The Content is free and clear of any liens, encumbrances, licenses or legal claims of any nature contesting the ownership, moral rights, use or creation of the Content by Contributor.

If you submit Content that is not yours, we will remove your access to the system. Please refer to our Terms of Use for our COPYRIGHT INFRINGEMENT POLICY. Submission of infringing material will result in permanent revocation of your access to the system and/or ability to post content.

You are responsible for any legal claims or liabilities in relation to your Content. Contributor agrees to indemnify and hold harmless New ESQ from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against New ESQ that result from the acts or omissions of Contributor if any, and Contributor’s agents.

These are the full terms. This agreement, New ESQ’s Terms of Use and New ESQ’s Privacy Policy contain the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.

If any provision of this agreement is deemed invalid, the rest of the terms remain valid and enforceable.  If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

If there is a legal dispute between us, you agree to resolve the matter in New York courts.