New In Birmingham LLC


TERMS OF USE AND/OR SERVICE

IMPORTANT NOTICE – PLEASE READ THESE TERMS OF USE AND/OR SERVICE CAREFULLY BEFORE USING THE SITE (AS DEFINED BELOW). THE SITE IS FOR YOUR PRIVATE AND NON-COMMERCIAL USE ONLY. YOU MAY NOT SELL, AUCTION, ALTER, DUPLICATE, TRANSFER, DISTRIBUTE OR OTHERWISE USE THE SITE IN A COMMERCIAL MANNER NOT GRANTED TO YOU BY SEPARATE AGREEMENT FROM NEW IN BIRMINGHAM LLC. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. NEW IN BIRMINGHAM RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE AND/OR SERVICE, AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE AND/OR SERVICE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO ALL SUCH CHANGES.

The Site is provided by New In Birmingham LLC, together with any of its subsidiaries (collectively, “New In Birmingham”). The “Site” includes, without limitation: (a) all websites, subdomains, microsites, and mobile applications owned or managed directly by New In Birmingham (including designated portions of third party websites and applications that link to or refer to these terms of use and/or service); (b) all New In Birmingham’s services offered on or through such sites (“Services”); (c) all software offerings and applications owned by New In Birmingham and made available on or through the Site or authorized digital distribution platforms (“Software”); and (d) all data, text, images, photographs, graphics, audio, video, offers, coupons, and documents including, without limitation, marketing materials, press releases, white papers, product data sheets, and other information and content available or submitted on or through the Site (“Content”).

PRIVACY

New In Birmingham considers protecting the privacy of your personal data very important, and has developed a Privacy Policy describing New In Birmingham’s data collection policies and practices. These Terms of Use and/or Service includes the Privacy Policy. You agree that New In Birmingham’s Privacy Policy is applicable to your use of the Site.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CHILDREN - Parental or Guardian Permission

This Site is not intended for children. Some of the Content on this Site may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Site. If you are under 13 years of age, please do not use or access the Site at any time or in any manner, or submit any information to the Site or to New In Birmingham. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED PRODUCTS.

OTHER TERMS

Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between these Terms of Use and/or Service and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.

USE OF THE SITE

You agree to comply with the terms and conditions associated with any offers, and other promotions available on or through the Site. You also agree you will not engage in any fraudulent, deceptive or otherwise improper actions when using the Site. If you print offers using any of our print technologies, you agree that we may install or store certain authentication and print control technologies on your devices. You agree not to interfere with or circumvent such residual technologies and you agree to comply with any print limits and offers for your own personal and non-commercial use. New In Birmingham reserves the right to suspend or disable your printing ability in the event of suspicious activity or violation of these Terms of Use and/or Service or any other applicable terms and conditions.
Access to and use of password protected or secure areas of the Site is restricted to authorized or registered users only. You agree that you will not share your password(s), account information, access to the Site, or create more than one personal account. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify New In Birmingham immediately of any unauthorized use of your password(s) or account(s). You agree that New In Birmingham will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you would be held liable for losses incurred by New In Birmingham or another due to someone else using your account or password. You may not use anyone else’s account at any time.
You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any New In Birmingham networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any New In Birmingham networks or systems, or to interfere or attempt to interfere with any New In Birmingham networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any New In Birmingham, networks or systems.

CHARGES, FEES AND REFUNDS FOR FEE-BASED PRODUCTS

Certain portions, components, content and features of this Site are only available to individuals who purchase a subscription to one of our Fee-Based Products. As a subscriber to one of our Fee-Based Products, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on this Site (such as the fixed Sign Up Fee and the recurring Monthly Fee), applicable taxes, and other charges and fees incurred in order to access our Fee-Based Products. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account at the start of the standard or multiple-period prepayment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. Except in the case of a multiple-period prepayment plan or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period's charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use our Fee-Based Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products. If you purchased a multiple- period prepayment plan or you were eligible for a discounted rate but are no long eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the renewal period. If you wish to purchase another prepayment plan for multiple periods and we are currently offering prepayment plans at such time, you must notify us prior to the termination of your current prepayment plan.
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to and using our Site and our Fee-Based Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone, cellular data service and computer equipment, sales taxes and any other fees and charges necessary to access our Fee-Based Products.
C. For purposes of your use of our Fee-Based Products including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our Fee-Based Products ("Subscription Data"), including your legal name, legal company name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Site (or any portion thereof) or any of our Fee-Based Products. You are obligated to check the "Account Settings" feature of our Website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Site.

If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Site using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
D. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the Account Settings feature of this Website to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
E. If we terminate your subscription to one of our Fee-Based Products prior to the end of the applicable period, as set out in this Terms of Use and/or Service Agreement, you agree that all fees and charges assessed by us are nonrefundable. Nonrefundable fees include the Sign Up Fee, and the full Monthly Fee for any month (or portion thereof) elapsed (regardless of whether you logged onto our Site or used the Fee-Based Product during that month). If you subscribe to a prepayment plan for multiple periods (e.g., a 3-month prepayment plan) and you decide to cancel during such prepayment period, we will refund you the difference, if any, between the amount you paid and the amount you would have incurred if you were subject to our standard pricing in effect during such time and not subject to our special pricing offered through any prepayment plan.
F. Notwithstanding anything in this Agreement to the contrary, purchases made within a New In Birmingham mobile application downloaded from the Apple® iTunes store are not refundable and are subject to Apple's iTunes Terms of Service.
G. Notwithstanding anything in this Agreement to the contrary, purchases made within a New In Birmingham mobile application downloaded from the Google Play store are not refundable and are subject to Google Play Terms of Service.

ADDITIONAL RESPONSIBILITIES

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) maintain and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or New In Birmingham has reasonable suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated these Terms of Use and/or Service, New In Birmingham has the right to suspend or terminate your account and refuse any or all current or future use of the Site (or any portion thereof).

USE OF SOFTWARE

Your use of Software is subject to these Terms of Use and/or Service and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, “EULA Terms”). In the event that Software is provided on or through the Site or any other authorized digital distribution platform, and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) The Software may be used solely for your personal and noncommercial purposes; (b) You may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) You may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software, including but not limited to any authentication and print control technologies, or disclose any such method or means to any third party; (d) You may not modify, alter, or create derivative works of the Software; and (e) the Software may not be transferred, sublicensed, assigned, copied, or redistributed.

SERVICES

New In Birmingham may change the Services offered on or through the Site at any time without notice. New In Birmingham makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.

CONTENT

All Content, including without limitation, any advice, recommendation or opinion, offers, meal or other product, service, retailer, and information is provided on or through the Site for informational purposes only, and should not be construed to indicate that any such Content is endorsed by New In Birmingham, nor is there any representation or warranty by New In Birmingham that the Content is reliable, accurate, timely, complete, effective, or safe for your use. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.

LICENSE AND SITE ACCESS

NEW IN BIRMINGHAM grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NEW IN BIRMINGHAM. This license does not include any resale or commercial use of this site or its contents: any collection and use of any descriptions or other information: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NEW IN BIRMINGHAM. Any copying, aggregation, display, distribution, performance or derivative use of New In Birmingham.com or any content posted on New In Birmingham.com whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NEW IN BIRMINGHAM and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing NEW IN BIRMINGHAMs name or trademarks without the express written consent of NEW IN BIRMINGHAM. Any unauthorized use terminates the permission or license granted by NEW IN BIRMINGHAM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NEW IN BIRMINGHAM so long as the link does not portray NEW IN BIRMINGHAM, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NEW IN BIRMINGHAM logo or other proprietary graphic or trademark as part of the link without express written permission.

USER CONTENT

New In Birmingham may permit registered users to post content to the Site, including comments, photos, videos, and other materials (“User Content”). You understand and agree that New In Birmingham does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Site that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against New In Birmingham arising from or relating to User Content.

If you choose to post User Content, please be aware that your User Content and your public account profile (e.g., your name and any photo submitted through the registration process) will be available to the public. If you register with us via a third party account such as Facebook, Google+, Twitter, your New In Birmingham profile may link to your public profile at that account as well. You should therefore only post User Content you are comfortable sharing under these Terms of Use and/or Service.

You are solely responsible for your User Content and the consequences of posting your User Content to the Site. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases to publish or perform User Content you post and to grant New In Birmingham the licenses and rights set forth in these Terms of Use and/or Service.

You retain all rights in and to the User Content you post to the Site. However, by posting User Content to the Site, you hereby grant New In Birmingham a perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable, worldwide right and license to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, adapt, broadcast, communicate and otherwise use your User Content (including any copyright, trademark, publicity, or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Site and New In Birmingham’s business, marketing or promotional purposes, and/or for syndicating User Content, promoting or redistributing part or all of the Site (and derivative works thereof) in any website, online application, mobile application, social media channel, or other medium now known or later developed. You also hereby grant New In Birmingham a perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, and statements in connection with your User Content and any derivative works thereof. To the extent permitted by law, you hereby waive any moral rights you may have in or to your User Content.

New In Birmingham may use User Content to promote or advertise the Sites or Services or the products and services of affiliates, advertisers and other third parties (collectively “Promotions”). By posting User Content, you agree that New In Birmingham shall have the perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, and statements in connection with such Promotions. You agree that you are not entitled to any compensation if your User Content, including without limitation, your name, likeness, photograph or image is adjacent to or included with advertisements, promotions, coupons, offers or other information, or otherwise used to promote the products and services of New In Birmingham or any other company or product that is addressed in your User Content.

You agree not to post any User Content that:
• violates a third party’s copyrights, trade secrets, trademarks, privacy rights, publicity rights, or other intellectual or proprietary rights;
• you do not have the right to disclose under any law, contractual obligation, or fiduciary relationship;
• violates, or encourages conduct that violates, laws or regulations;
• is fraudulent, false, misleading, or deceptive;
• is sexually explicit, pornographic, obscene, defamatory, libelous, threatening, harassing, hateful, discriminatory, racially or ethnically offensive, abusive, violent, humiliating to or bullying of other people, or otherwise inappropriate, as deemed by New In Birmingham in its sole discretion;
• may create a risk of harm, loss, emotional distress, or physical or mental injury to yourself, any other person, or any animal;
• is harmful to or exploitive of children, or that includes images or videos of children without first obtaining the consent of their parent or guardian;
• contains advertisements or solicitation of business;
• sends spam, surveys, unsolicited advertising or promotional materials, or chain letters;
• contains or links to any material that contains software viruses, corrupted files or any other similar software, files, or programs that may damage or adversely affect the operation of the Site, the Services, or the computer or systems of another user;
• impersonates another person or entity.

New In Birmingham reserves the right but not the obligation to remove any User Content and/or to terminate, deactivate or suspend a user account without notice for any reason or no reason, including without limitation our belief that User Content violates these Terms of Use and/or Service.

THIRD PARTY CONTENT

As a convenience to users, the Site contains links to third-party web sites (“Third Party Sites”). You understand and agree that New In Birmingham makes no representation or warranty regarding, and shall have no responsibility or liability for, the accuracy, quality, content, nature or reliability of such Third Party Sites, any information or material on or available through such Third Party Sites or the privacy policies or practices of such Third Party Sites.

FEEDBACK

All comments or materials submitted by you to New In Birmingham through the Site, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, “Feedback”) shall be received and treated by New In Birmingham on a non-confidential and unrestricted basis. Further, New In Birmingham shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Use and/or Service or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam.” New In Birmingham may, in its sole discretion, remove any Feedback you submit to the Site that in its opinion breaches these Terms of Use and/or Service or any applicable law, or is otherwise objectionable.

OWNERSHIP

The Site contains copyrighted material, trademarks, service marks, and other proprietary information and the Content is protected by copyright, trademark, and other intellectual property laws. Except for User Content, all right, title and interest in and to the Site, including but not limited to the design, selection, arrangement, and “look and feel” of Content, are and shall remain the intellectual property and copyrighted works of New In Birmingham and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any New In Birmingham name, trademark, logo or other proprietary materials, including images, videos, and audio clips posted on the Site, the Content of any text or the design of any page, or form contained on a page, without New In Birmingham’s express prior written consent. Except as expressly stated in these Terms of Use and/or Service, neither the Site, nor any part thereof, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or distributed in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of New In Birmingham. Notwithstanding the foregoing, New In Birmingham may permit users to share specific Content by making a button, widget or other such tool available for the express purpose of sharing such Content on a social media channel such as Pinterest, Google+, or Facebook.

SYNCING

If the Software you use allows for the transfer and/or syncing of content and/or data provided or made available, including location or menu data, you understand and accept that by activating the applicable Software feature, it will require that New In Birmingham capture, collect, transmit, store, and use such content and/or data.

DISCLAIMER

THE SITE (WHICH INCLUDES ALL SERVICES, SOFTWARE, AND CONTENT ON OR AVAILABLE THROUGH IT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEW IN BIRMINGHAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, NEW IN BIRMINGHAM MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITE. NEW IN BIRMINGHAM SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD PARTY SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEW IN BIRMINGHAM OR THROUGH OR FROM THE SITE, SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE AND/OR SERVICE. NEW IN BIRMINGHAM SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE THROUGH THE SITE, SERVICES OR SOFTWARE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY MEDICAL, TRADING, INVESTMENT OR OTHER DECISIONS BASED ON SUCH INFORMATION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NEW IN BIRMINGHAM AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF NEW IN BIRMINGHAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF NEW IN BIRMINGHAM AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.

LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES. IF ANY OF THE PROVISIONS OF THESE TERMS OF USE AND/OR SERVICE ARE HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION TO BE VOID OR UNENFORCEABLE, SUCH PROVISIONS SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY AND REPLACED WITH A VALID PROVISION THAT BEST EMBODIES THE INTENT OF THESE TERMS OF USE AND/OR SERVICE, SO THAT THESE TERMS OF USE AND/OR SERVICE SHALL REMAIN IN FULL FORCE AND EFFECT.

INDEMNITY

You agree to defend, indemnify and hold New In Birmingham and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Site.

TERMINATION

New In Birmingham has the right, but not the obligation, to monitor any activity on the Site. New In Birmingham may, without notice to you: (a) disclose information from the Site to any third party including law enforcement agencies, to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any reported violation of its policies and complaints, and take any action it deems appropriate at any time, including without limitation, suspension or termination of your account and/or access to and/or use of the Site; and (c) in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.

GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Use and/or Service shall be governed by and construed in accordance with the laws of the State of Alabama, without resort to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to these Terms of Use and/or Service shall be filed and adjudicated only in the federal or state courts located in or serving Shelby County, Alabama, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Use and/or Service.

You and New In Birmingham each agree to waive any right to a jury trial.

You and New In Birmingham each agree that any claim or dispute against the other party is in our respective individual capacities and is not as a plaintiff or class member in any purported class, representative proceeding or as an association. Any claim or cause of action You may have arising out of or relating to these Terms of Use and/or Servicer 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.

The parties specifically exclude from application to these Terms of Use and/or Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. If you reside outside the United States, nothing in these Terms of Use and/or Service shall, to the extent required by applicable law that cannot be excluded by agreement, affect any rights you may have under existing consumer protection laws, unfair competition laws or other applicable laws of the country in which you reside, including any right you have to bring a claim in the courts of your home country.

COMPLIANCE WITH LAWS

You agree not to use the Site in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States or your country of residence.

GENERAL

These Terms of Use and/or Service and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Use and/or Service is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Use and/or Service. No waiver by New In Birmingham of any breach or default of these Terms of Use and/or Service will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use and/or Service represent the complete agreement between New In Birmingham and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between New In Birmingham and you.

COPYRIGHT & TRADEMARK INFRINGEMENT REPORTING PROCEDURES

New In Birmingham’s policy is to respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act and to respond to allegations of trademark infringement in accordance with our trademark policy. For more information, please read our Copyright & Trademark Policies, the terms of which are incorporated by reference in their entirety.

CONTACT INFORMATION

If you have any questions regarding these Terms of Use and/or Service, please contact

New In Birmingham LLC
2163 Highway 31 South, Suite 213
Pelham, AL 35124
Attn: Legal Dept.