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Terms and Conditions for Use of this Web Site


The following Terms and Conditions apply to the use of this web site and to the use of all information, software, function, graphics, artwork, and any other material contained on this web site (referred to separately and collectively as the "contents"). 

By using this web site and the contents, you agree to abide by these Terms and Conditions which shall be binding on you, your successors and assigns.

Use of Web Site

This web site and the contents are provided by NEWOPP.com, P.O. Box 662, St. Joseph, Minnesota 56374 U.S.A. and are intended for the use and benefit of small and home based businesses.  NEWOPP.com encourages all users of this web site to review the contents with its legal counsel to confirm the status of the contents before relying on it.

You agree to use this web site and the contents only for your internal or informational purposes or as specifically authorized in these Terms and Conditions and elsewhere on this web site.  Use for any other purpose is prohibited.  NEWOPP.com may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to, this web site, and to prevent access to users who violate these Terms and Conditions.  NEWOPP.com's remedies include the right to seek equitable relief.

Registration and Passwords

Sections of this web site are only available to you if you register as required in this web site.  You agree to provide true, accurate, complete and current information about yourself when registering and to update the information as needed to keep it true, accurate, complete and current. By registering, you agree to these Terms and Conditions and agree to allow NEWOPP.com to collect your registration information and allow NEWOPP.com to track your usage of this web site to help NEWOPP.com improve the products and services NEWOPP.com provides. You further agree to allow NEWOPP.com to periodically send promotional email to you about this web site and about NEWOPP.com's products and services. Upon your request, NEWOPP.com will cancel your registration, thereby removing you and your registration information from NEWOPP.com's database and terminating your access to selected sections of this web site.  Upon cancellation of your registration, you will no longer receive email contact from NEWOPP.com as provided through this web site. If NEWOPP.com has reason to believe your registration information is not true, accurate, complete or current, NEWOPP.com reserves the right to terminate your registration and refuse any and all future use of this web site or the contents.  NEWOPP.com's use of any personal information you provide as part of the registration process is governed by the terms of NEWOPP.com's Privacy Policy.

To use certain sections of this web site, you will need a user name and password, which you will select as part of the registration process. It is your responsibility to maintain the confidentiality of the password and you are responsible for all activities that occur under your user name and password.  You agree to immediately notify NEWOPP.com of any unauthorized use of your password or any other breach of security.  NEWOPP.com is not and will not be responsible for any loss or damage resulting from your failure to protect your user name and password.

Interactive Sections of Web Site

Certain sections of this web site allow you to ask questions, post information or to participate in online discussions. NEWOPP.com does not control the communications or information provided by users of these features. 

As a condition of your use of these interactive features, you agree not to:

  • Upload, post, e-mail, transmit or otherwise make available any unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libelous, obscene, profane, pornographic or other inappropriate information of any kind, or any material that may constitute or encourage any illegal or improper act which might give rise to any civil liability or criminal offense, or otherwise violate any state, federal, local or international law.
  • Upload, post, e-mail, transmit, or otherwise make available any material which infringes the copyright, intellectual property rights or privacy rights of any other party without first obtaining permission from the owner of those rights.
  • Share any confidential information which you do not have the right to share under any law or under any contractual or fiduciary relationships.
  • Upload, post, e-mail, transmit, or otherwise make available any material which contains a virus, code, file, program or other components designed to limit, interrupt, destroy or interfere with the functionality of any computer or telecommunications equipment or software.
  • Upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, whether commercial or otherwise except as part of the Business Listing Section of this web site.

All content furnished by you or other users of this web site are the sole responsibility of the person furnishing the information. You understand that NEWOPP.com is not obligated to monitor any interactive sections of this web site where users may post messages or supply information. However, NEWOPP.com reserves the right to modify, edit or remove any posting or other information, in whole or in part, at any time for any reason. NEWOPP.com further reserves the right to disclose any posting or other information provided by users if NEWOPP.com, in its sole discretion, believes such disclosure is reasonably necessary to comply with any law, regulation or court order or if the disclosure is necessary to protect the rights, property or safety of NEWOPP.com, its employees, its users or the public. NEWOPP.com assumes no responsibility for the accuracy, completeness, applicability, analysis, or timeliness of the information or for any loss or damage that may occur as a result of relying on information on this web site.

Updates and Changes to Web Site

NEWOPP.com monitors the contents, use, and user comments regarding this web site.  NEWOPP.com may make improvements, updates or changes to this web site and the contents at any time without notice to you.  NEWOPP.com may also modify these Terms and Conditions without notice to you. By continuing to use this web site after modifications have been made to these Terms and Conditions, you accept the modifications made to these Terms and Conditions.  You are responsible for regularly reviewing these Terms and Conditions.

Not Providing Legal, Accounting or other Professional Advice

The contents of this web site are not intended to provide legal, accounting or other professional advice and should not be relied upon as such.  Before using or acting upon any contents on this web site, you are advised to seek the advice of your attorney, accountant or other appropriate professional to determine: (1) if the contents apply to your particular circumstances, and (2) the sufficiency of the contents for your unique legal, accounting or other needs.  NEWOPP.com, its officers, employees and agents are not authorized to practice law on your behalf or to provide you with accounting advice. 

The following notice is required by law:

    The Contents of this Web site are NOT a Substitute for the Advice of an Attorney.

Disclaimer of Warranties

NEWOPP.com and any third parties providing content included on this web site do not guarantee the accuracy, analysis, timeliness, completeness or noninfringement of this web site OR any content on it.   NEWOPP.com is not responsible for any errors, ommissions, results or damages that may occur from the use of this web site or the contents.

THIS WEB SITE AND The CONTENTS ARE provided "AS IS" and NEWOPP.com MAKES NO WARRANTY THAT THIS WEB SITE OR THE CONTENTS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS WEB SITE AND THE CONTENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  NEWOPP.com makes no warranty, express, implied, by description, by sample or otherwise, and in particular and without limitation, makes no implied warranties of merchantability or fitness for a particular purpose, or warranties of title and non-infringement as to this web site and the contents. NEWOPP.com does not expressly warrant or guarantee the utility or legality of this web site or the contents.  You and your legal counsel must make your own independent judgment on these matters.

This Disclaimer of Warranties applies to the fullest extent permitted by law.  Applicable law may not allow the exclusion of implied or other warranties, so the above Disclaimer of Warranties, or parts of it, will not apply to you to the extent that they are prohibited by law.

No modifications of this Disclaimer of Warranties are authorized unless they are in writing and signed by you and NEWOPP.com.  Any such written modifications must be signed by the President of NEWOPP.com.

Limitation of Liability

NEWOPP.com's liability in contract, in tort, or otherwise arising out of or in any way  connected with the access, use or performance of this web site or the contents shall not include liability for any EXEMPLARY, special, incidental,  consequential, OR INDIRECT damages, loss or expense (including lost profits), REGARDLESS OF THE THEORY OF LIABILITY, even if NEWOPP.com has been advised of the possibility of such damages. 

This Limitation of Liability applies to the fullest extent permitted by law.  Applicable law may not allow certain limitations, so the above limitations or exclusions, or parts of them, will not apply to you to the extent that they are prohibited by law.   In no event will NEWOPP.com BE LIABLE to you for any damages, losses, OR causes of action OF ANY KIND, whether in contract, tort (including negligence) or otherwise. 

NEWOPP.com's Proprietary Interests, Copyrights And Trade Names

NEWOPP.com reserves all rights in and to this web site and the contents unless otherwise expressly provided.  NEWOPP.com vigorously protects all its intellectual property rights.

Unless otherwise noted, NEWOPP.com claims a proprietary interest and copyright in this web site and all of the contents.  NEWOPP.com's claim includes NEWOPP.com's intellectual property interests in the questions, sequence of questions, analysis and logic used in this Web site, and in the documents referenced in this web site. This web site may include information, software and other tools which are the proprietary property of others or which are public or works of the government.  NEWOPP.com is using such information, software and other tools with permission and authority from the owners of such proprietary rights (when required).  

You may print or copy the contents of this web site for your information and education only. Any re-use or distribution of the contents for commercial use is prohibited. You may not use any of the contents of this web site for any illegal or unauthorized purposes.  NEWOPP.com grants limited permission to reproduce the copyrighted material of this web site for internal, non-commercial use as a training tool provided the contents include "Copyright © 2003 NEWOPP.com All rights reserved."

Except as specifically authorized above, you may not modify, print, copy, distribute, transmit, display, store, reproduce, publish, license, sell, create derivative works from, transfer, broadcast in any media, post or frame, or redistribute in any way this web site or the contents unless expressly authorized by these Terms and Conditions, the express provisions on this web site, a separate written agreement signed by you and NEWOPP.com, or applicable law.

This web site may also include various product names, business names, logos, slogans, and other marks in which NEWOPP.com has a registered trademark interest or other protectable interest (collectively "NEWOPP.com Marks").  It may also includes product names, business names, logos, slogans, and other marks in which others have a protectable interest (collectively "Other Marks").  You may not in any way use any NEWOPP.com Marks or Other Marks on this Web site without the prior express written permission of the owners. 

Submitting Your Comments and Ideas

NEWOPP.com welcomes your comments and ideas, including ideas for new NEWOPP.com products, improvements to existing NEWOPP.com products, and improvements to this web site and the contents.  NEWOPP.com carefully reviews and considers your comments and ideas, but is unable to implement all of them.  In order for NEWOPP.com to freely respond to your comments and ideas and to implement NEWOPP.com's own ideas (which may be similar or identical to yours), all comments and ideas submitted to NEWOPP.com will become NEWOPP.com property.  By submitting comments or ideas to NEWOPP.com, you waive all rights you may have in them.  Your comments and ideas will not be treated as confidential. 

Links to Third Party Sites

This web site may include links to other sites which are not owned, operated, or controlled by NEWOPP.com.  NEWOPP.com provides you with such links solely for your convenience.  The inclusion of such links does not mean or imply that NEWOPP.com endorses the linked sights, their contents, or any products or services described or sold on them.  NEWOPP.com is not responsible for the contents or use of any linked site or any link contained in a linked site.  NEWOPP.com is not responsible for making changes or updates to any such sites.    

Privacy Policy Statement

Registration data and certain other information about you is subject to NEWOPP.com's Privacy Policy.  NEWOPP.com's Privacy Policy Statement is located on a separate page of this Web site.  To view it, click the "Privacy Policy" link. 

General

These Terms and Conditions will be governed and construed under the laws of the State of Minnesota, U.S.A., without regard to its choice of law provisions.  You agree that any action at law or in equity arising out of or relating to this web site or the contents, including these Terms and Conditions, will be filed only in the state or federal courts located in Minnesota.  You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. 

If any term or provision of these Terms and Conditions is held to be invalid, void or unenforceable by a court or arbitrator of competent jurisdiction, the remainder of these Terms and Conditions will not be affected, impaired or invalidated and each remaining term or provision will be valid and enforceable to the fullest extent permitted by law. 

NEWOPP.com Rev. 7-01-03

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