TERMS AND CONDITIONS
Last modified: February 21, 2020
These Terms and Conditions (defined below) govern your use of any website, mobile application, including, www.newworldallstar.com and technology platform (the “Platform”) made available to you by New World Allstar, LLC (“New World” “we,” “us” or “our”).
To the maximum extent permitted by applicable laws, IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE PLATFORM OR THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE THE PLATFORM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THEM.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of revised Terms and Conditions means that you accept and agree to the changes. We may change the Platform or add or delete content or features in any way, at any time, and for any reason or no reason. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Please be advised: These Terms and Conditions contain provisions that govern how claims you and New World have against each other can be brought (see Section 18 below). These provisions will, with limited exception, require you to submit claims you have against New World to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
Capitalized terms not defined in these Terms and Conditions have the meaning set forth in additional New World policies, addendums, and agreements.
The Platform is designed to offer persons a variety of services such as online video courses, workshops, and live coaching sessions related to holistic spiritual counseling services to help individuals with personal empowerment, health, wealth, and embracing more fulfilling connections in life, as more fully described in New World’s product page (“Services”).
The coaches are independent providers who are not and do not claim to be licensed psychologists, therapists, professional counselors, or any similar applicable recognized professional. While we hope the Services are beneficial to you, by using and accessing the Platform or the New World Services, you understand, agree, and acknowledge that the Platform is not intended for the provision of any therapeutic diagnoses or advice, or help with any mental health disorder.
While access to certain portions of the Platform are free, we reserve the right to charge fees for any Services, features, or benefits associated with the Platform at any time.
We may provide updates (including automatic updates) to the Platform or for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features, or new content (collectively, “Updates”). Certain portions of our Platform or certain Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Platform and certain Services may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that these Terms and Conditions (and any additional modifications of the same) will apply to any and all Updates to the Platform and Services.
We reserve the right to, at any time and without notice, limit access to, modify, change or discontinue the Platform or certain Services. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Platform or Services.
We reserve the right to revise these Terms and Conditions, and any information referenced in the hyperlinks, at our sole and absolute discretion, by updating this posting. If changes are material, we will post a banner and/or a link on the Platform notifying you of the material change. The revised terms will take effect the date they are posted on the Platform.
Continued use of the Platform or Services after any such changes shall constitute your consent to such modifications. Please review these posted terms on a regular basis.
The Platform is intended for Users that are at least 18 years old. If you are between 13 and 17 (“Minor”), you may not use the Platform. No Minor may provide any Personal Data to us or otherwise through the Platform.
By creating a User Account, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by these Terms and Conditions.
In order to access certain Services, including but not limited to online video courses, workshops, and live coaching sessions, or reviewing your Subscription with us, you may be required to create an account (“User Account”).
By creating a User Account, you (this includes any agent designated by you operating on your behalf) agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, social media profiles, payment method, and password.
If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform or Services (or any portion thereof).
You are solely responsible for activities that occur under or through your User Account, including activities initiated by third parties, whether or not such activities are authorized by you. Should you grant a third party to act on your behalf, you shall ensure that third party is bound by, and abides by, these Terms and Conditions. You agree to immediately notify us of any unauthorized use of your account or any breach of your account security.
New World certain premium packages (“Premium Packages”) as more fully described on our product’s page for a one-time fee.
New World Services also include live coaching sessions (“Coaching Sessions”), available in one-hour increments and purchasable on an ad-hoc basis.
Some Services offered on the Platform may be subscription-based Services (each, a “Subscription”), and may require you to make recurring monthly payments for continued use of those Services (“Subscription Fees”). These Subscription Services are offered on a month-by-month basis (“Subscription Period”).
Additionally, we reserve the right to charge additional fees for certain Services, in addition to the Subscription Fees, including, but not limited to, fees for taxes, service charges, late fees, and fees due to collection attempts (“Additional Fees”). All fees described under this Section 6, including Subscription Fees and Additional Fees, may be referred to collectively as “Fees.”
Unless otherwise stated, all Fees due are payable in advance, and will be billed automatically to the Payment Method (defined below) at the start of the monthly Subscription Period, or as applicable to certain Services. Unless otherwise stated, your Subscription will auto-renew based on your Subscription Period until you elect to cancel your Subscription.
Your Subscription or any paid Services may be cancelled at any time either by: (1) cancelling your Subscription or paid Service through your User Account, and such request may take up to ten (10) days to process; or (2) by providing us with email notice [email protected] of your desire to cancel your Subscription or paid Service, and such request shall be processed within thirty (30) days from the day of receipt.
We are not obligated in any way to refund whole or part of your Fees in the event of termination of your Subscription or paid Service prior to the end of your Subscription Period or full use of the paid Service. You may still have access to the certain Services for which you have paid until the end of your Subscription Period, depending on the Service. You may lose access to certain Services prior to the end of your Subscription Period, depending on the Service or if your account is not in good standing or you violate any of the terms in these Terms and Conditions.
We may terminate or limit your right to use Services in the event that we are investigating or believe that you have breached any provision of these Terms and Conditions. We may provide you with written or email notice of such investigation.
Additional Fees may be billed at the moment they are incurred and may be deducted automatically in accordance with your User Account billing preferences.
All purchases made through the Platform are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Subscription or Service. If you are unsatisfied with a service please contact us. We will do our best to work with your issue, but we cannot guarantee a refund.
As an express condition of being a User and using certain Services, you agree to pay all Fees, including any applicable taxes associated with certain Services. You acknowledge that amounts billed may vary due to changes to account and pricing structure and changes to associated taxes, and you authorize us to bill you accordingly. You acknowledge that we reserve the right to terminate your access to the Platform and Services for failure to pay Fees.
To the maximum extent permitted by applicable laws, we may change our prices for Subscriptions or Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the Platform or by sending you an email notification. If you do not wish to pay the new prices, you can cancel your Subscription or the applicable Service prior to the change going into effect.
YOU SHALL BE RESPONSIBLE FOR ALL FEES INCURRED UNDER YOUR USER ACCOUNT REGARDLESS OF YOUR AWARENESS OF SUCH FEES OR THE AMOUNTS THEREOF.
You can view details of your Subscription or Services, including pricing options, Fees, and the end date of your Subscription Period, by logging into your User Account on the Platform.
All Fees will be billed to the credit card, or other payment method, with which you provide us (“Payment Method”). You authorize the Payment Method issuer to pay any Fees incurred under your User Account.
You agree to provide current, complete and accurate billing and Payment Method information. You agree to promptly update Payment Method numbers, expiration dates and billing address to keep your User Account current and accurate. You must update your card in the event it is lost or stolen.
If your Fees are not paid by your Payment Method issuer, you agree to pay all Fees you incur by providing another Payment Method. Should you have difficulty making a payment, please contact us at [email protected] for additional payment options.
You agree to pay all costs of collection efforts, including attorney fees and costs.
Failure to maintain current, complete, and accurate billing and Payment Method information may affect your use and access to the Platform and Services.
Fees may be collected and distributed through a third party payment processing service, therefore you may be required to register with a third party payment processor (“Payment Processor”). New World may replace its Payment Processor without notice to you. Additionally, you may be required to agree to terms of service of the Payment Processor, and go through a vetting process at the request of the Payment Processor to set up your account with the Payment Processor (“Payment Processor Services Agreement”). By accepting these Terms and Conditions, you agree that you have reviewed and agreed to, the Payment Processor Services Agreement. Please note that we are not a party to the Payment Processor Services Agreement and that you, the Payment Processor and any other parties listed in the Payment Processor Services Agreement are the parties to the Payment Processor Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Payment Processor Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, we and/or the Payment Processor may validate an account before activation.
We reserve the right, but not the obligation, in our sole discretion, upon request or claim from you, or upon notice of any potential fraud, unauthorized charges or other misuse of the Platform or Services, to (1) place on hold any Fees, charges, payment, or (2) refund or provide credits, or arrange for the Payment Processor to do so. Should you have a claim, please contact us at [email protected].
New World, at its sole discretion, may make available promotions with different features to any User or prospective User. We reserve the right to withhold or deduct benefits obtained through a promotion in the event that we determine or believe that the redemption of the promotion or receipt of the benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms and Conditions.
We sometimes offer free trials or otherwise known as trial memberships of our Subscriptions, Services, or in accordance with other promotional offers (each a “Free Trial”). A Free Trial or Trial Membership provides you access to the certain Services for a period of time, with details specified when you sign up for the offer.
In order to access the Free Trial, we may ask you to provide a Payment Method. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end and when to cancel your Subscription. If you do not cancel your Subscription before the end of the Free Trial, we may process your selected Payment Method, and you will be enrolled in our Subscription based Service until you cancel your Subscription. All incurred Fees are final and non-refundable, except at our sole discretion and in accordance with the rules governing the Subscription or Service.
Depending on the applicable Subscription or Service, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.
We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Subscription or Services during the Free Trial, or any of these terms without notice and with no liability.
“Your Content” means content you submit to the Platform or any third party Platform you may use in connection with New World Services, including your name, username, profile, images, links, and any other personal or biographical information, photos, video, audio, illustrations, animations, logos, tools, text, ideas, illustrations, communications, data, information, software, scripts, or executable files.
You own Your Content. However, by submitting Your Content you irrevocably grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferrable license to use Your Content throughout the world in any media for any commercial or non-commercial purpose. Herein “use” means display, copy, distribute, modify, adapt, publish, incorporate into other works, create derivative works, and allow third party sites and services who obtain Your Content from us to do the same.
For example, when you share, post or upload a photograph to the Platform or any third party platform you may use in connection with New World Services, you give us and other Users, depending on your privacy settings, the right to store, copy, share such content with others (consistent with your privacy setting).
You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or any third party sites. If you delete Your Content, we will use reasonable efforts to remove it from the Platform; provided, however, that you acknowledge that in such event Your Content may not be made immediately unavailable, whether due to caching, links, references, or otherwise and deletion of your content does not end or diminish our license rights set forth above.
When you post Your Content to the Platform, you are responsible for the content of, and any harm resulting from that content, regardless of whether the content in question is in the form of text, graphics, photographs, audio files, or computer software.
You agree to provide and maintain accurate, current and complete information and acknowledge that we, other Users, and other members of the public may rely on Your Content as accurate, current and complete. You acknowledge that if your Content is not accurate, current, and complete it may impact your use of the Platform and Services.
New World reserves the right to delete any of Your Content, that we deem, in our sole discretion, to violate these Terms and Conditions or other applicable law.
With respect to your use of the Platform and Services and Your Content, you agree that you will not:
All intellectual property rights in the Platform and provided through our Services, including, but not limited to, photographs, content, documents, videos, music, or any downloadable content, shall be owned by New World or our licenses absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Platform are the property of their respective owners.
We welcome your comments and feedback regarding the Platform and Services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to New World or otherwise (collectively, “Comments”), are not confidential and will become and remain our property. The disclosure, submission or offer of any Comments will constitute an assignment to New World of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
If you believe, in good faith, that any materials on the Platform infringe upon your copyrights, please view Section 17 for information on how to make a copyright complaint.
The Platform and certain Services may include links that direct you to other sites that are beyond our control. We are not responsible for the accuracy, relevancy, copyright or other intellectual property compliance, legality, security, or decency of, nor do we endorse material contained in sites to which you link from the Platform. We have not reviewed, and cannot review, all of the material, including computer software, posted to the Platform or made available through the websites and webpages to which we link, and that link to the Platform.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of websites and webpages other than the Platform.
You may be permitted to create and post to other sites a link to the Platform. However, any such link may not portray us in a false, misleading, derogatory, defamatory, or otherwise disparaging light, nor may it contain or associate us with pornographic, illegal, offensive, harassing, or otherwise objectionable material. You are also permitted to implement any RSS feed located on the Platform for personal noncommercial use. Notwithstanding the foregoing in this paragraph, we reserve the right to modify, limit, or revoke the permissions granted in this paragraph at any time and for any reason or no reason.
The disclaimers in this Section are made on behalf of New World, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
NEW WORLD CANNOT GUARANTEE THE ACCURACY OF MATERIAL AND CONTENT PROVIDED THROUGH SERVICES AND ON THE PLATFORM. TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY FOR INACCURATE CONTENT PROVIDED THROUGH SERVICES AND ON THE PLATFORM IS THAT, UPON NOTIFICATION BY YOU THAT SOME CONTENT IS INACCURATE, WE WILL TAKE REASONABLE STEPS TO INVESTIGATE THE REPORTED INACCURACY TO THE EXTENT REQUIRED BY APPLICABLE LAW, TARIFF, RULE OR REGULATION. BASED ON THE RESULTS OF THE INVESTIGATION WE WILL CORRECT ANY INACCURACY THAT WE DETERMINE EXISTS.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW REGULATION OR AN EXPRESS WRITTEN AGREEMENT BETWEEN YOU AND NEW WORLD, NEW WORLD DOES NOT GUARANTEE THE AVAILABILITY OF SERVICES. FOR THOSE REASONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEW WORLD DISCLAIMS ANY LIABILITY FOR ANY INACCURACIES OR ERRORS IN SERVICES, THE CONTENT, OR PRODUCT PROVIDED RELATED TO SERVICES.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PLATFORM, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. NEW WORLD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEW WORLD DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE PLATFORM OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH NEW WORLD ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE PLATFORM. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the Platform and Services and interacting with other Users.
Opinions, advice, statements, offers, or other information or Content concerning New World or made available through the Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties or other Users, whether on the Platform or otherwise.
To maximum extent permitted by law, you acknowledge and agree to indemnify and hold New World, its affiliates, vendors, content providers, licensors, licensees, distributors, agents, representatives, and other Users of the Platform, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, partners, joint venturers, representatives, investors, assigns, and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) any information or Content appearing on our Platform published by you, (b) your participation in the Platform or Services; (c) any violation of these Terms and Conditions by you or any third party using your User Account, (d) the violation, infringement or misappropriation by you, or any third party using your User Account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (e) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.
You will use your best efforts to cooperate with us in the defense of any claim. New World reserves the right to choose our counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
NEITHER NEW WORLD NOR ITS AFFILIATED OR RELATED ENTITIES SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, INCLUDING LOST PROFITS AND CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM OR SERVICES, OR ANY CONTENT, INFORMATION OR MATERIALS PROVIDED ON THE PLATFORM OR SERVICES.
WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH NEW WORLD, THE PLATFORM, SERVICES OR ANY CONTENT OR MATERIALS ON THE PLATFORM OR SERVICES, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM OR SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE PLATFORM AND ANY OTHER SITE, SERVICE, SOFTWARE, OR HARDWARE, OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATING TO THE SITE BEING EXECUTED IN AN ACCURATE OR TIMELY MANNER.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, TO THE EXTENT NEW WORLD IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS AND CONDITIONS OUR TOTAL LIABILITY SHALL NOT EXCEED $100.00 USD.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA”), we will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent email is: [email protected]
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
We will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
In furtherance, and not in limitation of these Terms and Conditions, we reserve the right to terminate when and as we deem appropriate in our discretion any User who is or is suspected to be a repeat infringer of copyright or other intellectual property rights. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid in respect of the Platform or Services.
YOU AND NEW WORLD MUTUALLY AGREE TO WAIVE RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, AS SET FORTH BELOW.
Except where prohibited, by accessing or using the Platform or Services, you agree that any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of these Terms and Conditions shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Denver, Colorado. The arbitration shall be governed by the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules of the State of Colorado or of any other jurisdiction. Depositions shall be limited to a maximum of three (3) per party and shall be held within twenty (20) days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under these Terms and Conditions and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witnesses. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
Notwithstanding the foregoing, in no event shall any claim, action, or dispute relating to the ownership of IP be submitted to arbitration. Those who choose to access the Platform do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.
The provisions of these Terms and Conditions, which by their nature should survive the termination of these Terms and Conditions, shall so survive such termination until performed.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO THE CONTRARY, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of New World to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and Conditions and shall not cause the invalidity or unenforceability of the remainder of these Terms and Conditions.
These Terms and Conditions constitutes the sole and entire agreement between you and us and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform or Services.
If you have any questions regarding these Terms and Conditions, the Platform, or Services, please contact [email protected].