Updated: June 12, 2022
Please read this Terms of Use and Agreement (collectively called the “Agreement”) carefully. This Agreement describes the terms and conditions that govern your use of NewsTRACS.com (the “Site”) and any mobile apps, social media sites, email, newsletters, subscriptions, donation pages or other services directly managed by NewsTRACS.com (collectively the “Services”). By using the Site and Services you accept and agree to this Agreement.
For information on how personal information is collected and used please see the Privacy Policy.
The owner and operators of the Site and Services has the right to terminate access to any user without notice, at any time, for any reason.
This Site and Services are provided as-is and as available. We have the right to modify, update, discontinue any part or all of the Site or Services with or without notice. You agree that we will not be liable for any such changes on the Site or Services.
There may be third party services, software, features, content or advertising used on the Site or Services. We take no responsibility for any third party items on the site and by using the site you agree that NewsTRACS.com and the Site and Service owner will not be responsible for any acts, omissions or faults of these third parties.
To use the Site and Services you must be at least 13 years old.
Usage of the Site and Services
To use the Site and Services you must be at least 13 years old.
You are responsible for your use of the Site and Services and any content you provide, including compliance with applicable laws. You understand that any content submitted or comments posted is intended to be made public. The Site and Services has not responsibility to maintain any content that you provide and it is your responsibility to save any of your own information.
You agree that you will not use the Site or Services for any illegal purpose or activity, or to cause harm of any kind to any person.
Content on the Site Services may be protected by our or third party intellectual property rights. Do not copy, upload, download, or share content unless you have the right to do so.
You agree not to sell (as defined under applicable law) any personal information or other content provided on the Site or Services.
For any personal information you provide you represent and warrant that you have lawfully collected the information and that you or a third party has provided all required notices and collected all required consents. You further represent and warrant that use by the Site or Service of such personal information in accordance with the purposes for which you provided the information will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.
Your use of the Services must comply with this Agreement.
Content
The content of the Site and Services are meant for your personal non-commercial use. All material published on the Site and Services including stories, posts, charts, diagrams, images, videos, animations, illustrations, compiled lists, data and other creations, (the “Content”) are protected by copyright and owned by NewsTRACS.com, Wendy Siegelman, or the party credited as the original provider of the Content.
Content published on the Site and Services, especially by other users in comment areas, may include inaccurate, offensive or objectionable material. We do not guarantee the accuracy of content on the site and users must use their own discretion and judgement with all content.
Third party content and links to third party websites
The Site and Services include many links to external third party websites in our posts, stories, resources and other areas. We have no control over these other sites or their content. When you click any link to another website you will be viewing sites that are governed by their own agreements and privacy policies, which you should read. We are not responsible for the content or experience or accuracy of the information on any site to which we link. The content on any third party site is the property of the respective owners.
Links and Frames
You may link to this Site or Services as long as the link does not cast us in a false or misleading light. However you may not frame the content of the Site.
Intellectual Property Rights
News Tracs, NewsTRACS and NewsTRACS.com and all related trademarks and service marks and any associated trade names, trademarks, service marks and logos are the property of NewsTRACS.com and Wendy Siegelman in the United States and other countries. All trademarks and service marks on WordPost.com not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site or Services should be understood as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of NewsTRACS.com or the respective owner.
All content or other materials on the Site and Services including but not limited to code, layouts, arrangements, displays, posts, stories, charts, diagrams, text, photos, video, audio, graphics, logos, trademarks are owned and licensed by NewsTRACS.com and Wendy Siegelman, and are protected by copyright, trademark, patent and/or other proprietary intellectual property rights under the United States and foreign laws. You may view material on the Site only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, broadcast, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material without the prior written permission of NewsTRACS.com or in the case of third-party materials, the owner of that content. Unauthorized use and/or duplication of this material without express and written permission from NewsTRACS.com is strictly prohibited. Any content or materials on the site not owned by NewsTRACS.com is subject to any copyright or intellectual property rights held by others pursuant to the law.
Disclaimers
Your use of our Site and Services is at your sole risk. You understand that our Site and Services and any content posted or shared by us and by any users on the Site and Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent, guarantee or warrant that our Site and Services are accurate, complete, reliable, current or error-free. We do not guarantee, promise or assure that the Site or Services will be uninterrupted, un-intercepted by a third-party or error free or free from viruses or other malicious or harmful components. We are not liable for any damages or harm attributable to features such as viruses, worms, ‘trojan horses’ or other destructive materials. We disclaim any liability for any connectivity or availability issues on the Site or Service. No advice or information obtained from us or through the Site or Services will create any warranty or representation not expressly made in this paragraph. We may provide information about third-party products, services, activities or events, and third parties may make their content and information available on or through our Site and Services. We do not control, endorse, or make any representations or warranties regarding any Third-Party Content. You access and use Third-Party Content at your own risk. Note that if your location does not allow the disclaimers in this paragraph, they might not apply to you.
Limitation of Liability
You understand and agree that NewsTRACS.com owners, operators and volunteers shall not be liable for any direct, indirect, incidental, consequential, exemplary, or special damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, under any legal theory, resulting from the use of this Site or Services.
Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability for any claim arising out of or relating to this Agreement, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Site or Services.
In some countries certain types of exclusions aren’t allowed and do not apply to you. This section does not affect consumer rights that can’t be waived or limited by any contract or agreement.
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless NewsTRACS.com, all Services, Wendy Siegelman and others who help create, operate, and support the Site and Services, from and against any losses, liabilities, claims, demands, damages (actual and consequential), expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. This also includes suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. You agree to promptly notify us of any third-party Claims, cooperate with us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that we will have control of the defense or settlement, at our sole option, of any third-party Claims. We will make reasonable efforts to provide you with written notice of any such claim, suit or action, but any failure on our part to provide such notice will not relieve you of these obligations
Arbitration and Venue
Before filing any claim against NewsTRACS.com or its owner or operators you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email to info@newstracs.com. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our reply notice to you will be sent to the email address associated with your online account and will contain the information described above
The parties hereby expressly waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or related to this Agreement or the provision or use of the Site or Services (“Claim”). The parties agree to submit any Claim to binding arbitration, to be held in the State of New York. In the event any Claim is mutually agreed by the parties or deemed by a court not to be subject to arbitration, it will be submitted to the state or federal courts sitting in the State of New York, and the parties agree that they are and will be subject to the personal jurisdiction of those courts.
Governing Law and Venue
This Agreement and any dispute that arises between you and the Site will be governed by the laws of the State of New York except for its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State and County of New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Limitation of Legal Actions
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Agreement, or the provision or use of the Site or Services, must be filed within one (1) year after such claim or cause of action arose or be forever barred
Termination
We reserve the right to terminate the Site and Services and this Agreement at any time without notice for any reason, including, in the case of the policy, for your violation of any of its provisions. The Limitation of Liability and Governing Law and Venue sections of this Agreement and your agreement to it shall survive any such termination.
Severability
If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the Agreement and does not affect the validity and enforceability of any remaining provisions.
Changes to Agreement
This Agreement may be updated periodically and without prior notice. The date of any revision will be listed in the ‘Updated’ section at the top of the page. By using the Site or Services you agree to terms of the most recent version of the Agreement.
Contact Information
If you have any questions about the Terms of Use and this Agreement, please send an email to info@newstracs.com.