2: Use of this Site
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of NewsBanc.com or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply NewsBanc.com’s endorsement, sponsorship or recommendation of the third party, its information, products or services. NewsBanc.com is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
3: Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. NewsBanc.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from NewsBanc.com on this Site and other than generally available third party web browsers (e.g., Mozilla Firefox, Google Chrome, Netscape Navigator or Microsoft Explorer)
4: Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
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We reserve the right, at our sole discretion, to process any payment method immediately at the time of order. For your convenience, we may, at our sole discretion, only authorize the a full or partial amount of an order and capture the full or partial amount up to 2-business days before the time of shipment. Some situations that may result in the initial credit card authorization expiring before the time of shipment and the credit card information on file failing to process. In this event we will contact you to request additional information required to process and ship your order. If we cannot obtain the necessary information within 10 business days of the initial attempt to capture funds, the order will be canceled and you will be notified.
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6: Pricing and Content Information
While NewsBanc.com strives to provide accurate pricing information, pricing, typographical, or photographic errors may occur. NewsBanc.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, NewsBanc.com shall have the right, at NewsBanc.com’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, NewsBanc.com may, at NewsBanc.com’s discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
NewsBanc.com does offer a low-price guarantee in which NewsBanc.com will price-match with other online or offline retailers in accordance with NewsBanc.com’s Low-Price Guarantee.
Customers employing mobile devices (such as the NewsBanc App) to browse the Site may encounter pricing or availability information that is either outdated or inaccurate. Accordingly, pricing and availability remain subject to confirmation at checkout for mobile users.
Merchandise Content: NewsBanc.com attempts to be accurate in its product descriptions. However, NewsBanc.com does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in accordance with NewsBanc.com’s Return Policy.
Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that NewsBanc.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Ingredients & Nutritional Content: All content, including, but not limited to, nutrition facts, ingredients, recipe and health information provided on any part of this Site is for educational purposes only. Such content is intended to supplement, not substitute for, the diagnosis, treatment and advice of a medical professional. Such content does not cover all possible side effects of any new or different health program. Consult your medical professional for guidance before changing or undertaking a new diet or exercise program. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems.
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7: Quantity Limits & Dealer Sales
8: Export Policy
You acknowledge that the purchased goods licensed or sold on the Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing from the Site, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer the purchased goods to a foreign national or a foreign destination in violation of the law.
9: Copyrights & Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by NewsBanc.com, one of its affiliates or by third parties who have licensed their materials to NewsBanc.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of NewsBanc.com and is also protected by U.S. and international copyright laws.
NewsBanc.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of NewsBanc.com’s or any third party’s intellectual property rights.
The NewsBanc.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Aunica Media LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
10: User Reviews, Feedback, Submissions
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to NewsBanc.com on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant NewsBanc.com a royalty-free, irrevocable, transferable right and license to use the Comments however NewsBanc.com desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.
NewsBanc.com regularly reviews posted Comments and reserves the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant NewsBanc.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify NewsBanc.com and its affiliates for all claims resulting from any Comments you submit. NewsBanc.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
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Ingredients & Nutritional Content: NewsBanc.com AND ITS AFFILIATES DO NOT SPONSOR, RECOMMEND OR ENDORSE ANY THIRD PARTY, PRODUCT, SERVICE OR INFORMATION PROVIDED ON THIS SITE. ALL CONTENT, INCLUDING, BUT NOT LIMITED TO, NUTRITION FACTS, INGREDIENTS, RECIPE AND HEALTH INFORMATION IS FOR EDUCATIONAL PURPOSES ONLY. SUCH CONTENT IS INTENDED TO SUPPLEMENT, NOT SUBSTITUTE FOR, THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL. SUCH CONTENT DOES NOT COVER ALL POSSIBLE SIDE EFFECTS OF ANY NEW OR DIFFERENT HEALTH PROGRAM. CONSULT YOUR MEDICAL PROFESSIONAL FOR GUIDANCE BEFORE CHANGING OR UNDERTAKING A NEW DIET OR EXERCISE PROGRAM. ADVANCE CONSULTATION WITH YOUR PHYSICIAN IS PARTICULARLY IMPORTANT IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD, PREGNANT, NURSING, OR HAVE HEALTH PROBLEMS.
15: Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL NewsBanc.com OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE NewsBanc.com WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NewsBanc.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NewsBanc.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
17: NewsBanc.com LIVE-CHAT TERMS AND CONDITIONS
By using the Live-Chat Service, you represent and warrant that:
- You are at least 13 years old;
- Information you supply does not violate these Terms and will not cause injury to any person or entity; and
- You will use the information provided by a Live-Chat representative for your own personal use only.
You further agree that:
- You will not provide confidential personal information about yourself or others that is not necessary to process an order as you use the Live-Chat Service, including, but not limited to your social security information;
- You will not take any actions that may undermine, disrupt or manipulate the integrity of the Live-Chat Service, or interfere with or disrupt the servers or networks connected to the Live-Chat Service;
- You will not transmit through the Live-Chat Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist or otherwise objectionable material of any kind;
- You will not impersonate any person or entity, or make any false statement regarding your employment, agency or affiliation with any person or entity; and
- You will not stalk, threaten or harass Live-Chat Service representatives or infringe upon or attempt to infringe upon their privacy.
Your Live-Chat with a Live-Chat representative is not public on the NewsBanc.com website and is only seen between you and NewsBanc.com. You will not have the ability to edit or delete any information you have submitted. NewsBanc.com reserves the right to remove or to refuse to post any information for any reason. You acknowledge that you, not NewsBanc.com, are responsible for the information you submit.
Information a Live-Chat representative provides to you may be protected by copyright law, and you may only use such information for your own personal use. For any information that you submit, you grant NewsBanc.com a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such information and/or incorporate such information into any form, medium or technology, including in connection with marketing and promotional purposes, throughout the world without compensation to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LIVE-CHAT SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NewsBanc.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM YOUR USE OF THE LIVE-CHAT SERVICE SHALL CREATE ANY WARRANTY. YOU UNDERSTAND AND AGREE THAT NewsBanc.com MAKES NO WARRANTY THAT THE QUALITY OF PRODUCTS PURCHASED BY YOU AT NewsBanc.com RELATED TO YOUR USE OF THE LIVE-CHAT SERVICE WILL MEET YOUR EXPECTATIONS.
You agree to indemnify and hold NewsBanc.com (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations, warranties, and obligations set forth above, or your violation of any law or the rights of a third party.
18: Competitor Comparisons
Any comparison with competing brands on www.NewsBanc.com is for your convenience in comparing attributes of competitors’ products to products marketed and sold by NewsBanc.com. It is NOT intended nor to be construed as a recommendation nor endorsement by any competing brands mentioned. NewsBanc.com has taken all reasonable care in compiling the information and endeavors to keep the information up-to-date and correct, but the information may change periodically without notice based upon changes in prices, current promotions, changes to product content, or other aspects not under the control of NewsBanc.com. NewsBanc.com makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information with respect to the information, products, services, or related graphics contained in any competitor comparison. Any reliance you place on such information is therefore strictly at your own risk.
19: Sweepstakes Rules
You acknowledge that any participation in a sweepstakes associated with this Site will be in accordance with NewsBanc Sweepstakes Rules.
20: Gift Card Terms & Conditions
You acknowledge that any use of a gift card through this Site will be in accordance with NewsBanc.com’s Gift Card Terms & Conditions.
It is the policy of NewsBanc.com to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to NewsBanc.com’s Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to NewsBanc.com’s Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to NewsBanc.com’s Designated Agent that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NewsBanc.com to locate the material;
- Information reasonably sufficient to permit NewsBanc.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NewsBanc.com’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
60 Riverbend Circle
Ellijay, GA 30540
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, NewsBanc.com shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by NewsBanc.com, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to the NewsBanc.com’s Designated Agent that includes the following:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If NewsBanc.com receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that NewsBanc.com has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on NewsBanc.com’s system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by NewsBanc.com, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
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