Terms & Conditions

Last Updated on 03-May-2023

NOTICE: Please read the terms and conditions set forth below, which are legally binding.
By visiting, viewing or using this website and/or by using any program, product, course or
service from us, you agree to be bound by these Terms and Conditions and our Privacy
Policy and Disclaimer.

PLEASE READ THE SECTIONS TITLED “BINDING ARBITRATION” AND “CLASS ACTION
WAIVER” AS THEY AFFECT YOUR LEGAL RIGHTS.

New Found Quality (“Company”, “we”, “us”, or “our”) provides visitors information on
www.newfoundquality.com (“website”) subject to the following terms and conditions
(“Terms and Conditions”). The term “you” refers to any visitor, viewer or user of the
website and/or any user of any free or paid program, product, course or service of the
Company (each, a “Product”).
By viewing, visiting or using the website and/or a Product, you indicate your acceptance
and agreement to be bound by these Terms and Conditions and our Privacy Policy and
Disclaimer, which are hereby incorporated by reference (collectively, this “Agreement”).
If you do not accept the terms and conditions of this Agreement, then please do not use
the website or any Products. These Terms and Conditions were created with the help of
the Terms and Conditions Generator and Terms and Conditions Solutions.

We reserve the right to amend this Agreement at any time without notice to you. We will alert you to any changes by posting the effective date of the latest version at the top of this page, at which point any changes will become immediately effective. It is your responsibility to check for updates, as your continued use of the website or any Products after this Agreement is amended will constitute your acceptance and agreement to continue to be bound by this Agreement, as amended.

United States AND OVER 18 USE ONLY
The website is intended only for individuals over the age of 18 residing in the United
States. We do not make any representations that this website is appropriate or available
for use outside of the United States. If you access the website or any of our Products
from outside of the United States, you do so at your own risk and on your own initiative.
It is solely your responsibility to ensure compliance with applicable laws in your specific
jurisdiction.

GUIDELINES FOR USE
We have established certain guidelines to keep our community safe (“Guidelines”). By
visiting or using the website or any Product, you agree to abide by these Guidelines,
which are as follows:

● You will comply with all applicable law;
● You will not send, email, or otherwise make available any information or content
which in any way infringes any copyright, trade secret, trademark, right of
publicity, privacy, property or other intellectual property or proprietary rights, or
any information or content which you do not have the right to make available,
through any law, contractual or fiduciary relationship or otherwise;
● You will not act in any way that is fraudulent, false, misleading, deceitful or
deceptive, such as by impersonating another individual or falsifying your
association with an individual or entity;
● You will not send, email, or otherwise make available any material or behave in
any manner which could be perceived as harassing, demeaning, threatening,
“stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene,
indecent or otherwise objectionable;
● You will not send, email, or otherwise make available any material which would
reveal the personal information of another individual;
● You will not behave in any manner which could limit or otherwise impact any
other person’s use or enjoyment of the website and/or any Product;

● You will not engage in any unsolicited or unauthorized advertising nor will you
send any spam;
● You will not attempt to gain unauthorized access to any portion of the website or
any of the Products;
● You will not engage in or encourage others to engage in any activity which would
violate any law, constitute a criminal offense, give rise to civil liability, or infringe
on the rights of any third party;
● You will not send any materials which contain viruses, devices, information
collection or transmission mechanisms, trojan horses, worms, time-bombs,
adware, keystroke loggers or any other programs or code which would be
harmful to, interfere with or attempt to interfere with our systems;
● You will not engage in market research or any research intended to help a
competitor;
● You will not deploy any automated query program, such as a bot or spider, at any
time or for any purpose without our express written consent;
● You will not block or cover any advertisements on the website;
● With the exception of any personal information you share (which is covered
under our Privacy Policy), once you send, email, or otherwise make available any
material, we have the right to display, repurpose or otherwise use such material in
any way; and
● You will notify us through the contact information provided below if you know or
have reason to know that a violation of any of our Guidelines has occurred.
We reserve the right to deny you access to the website and any Products in our sole
discretion at any time and for any reason.

INTELLECTUAL PROPERTY
The website and its content and all Products, including but not limited to videos,
coursework, training modules, photographs, sound recordings, images, digital content,
material available as a free download, software, text, graphics and other material, are
owned or licensed by the Company and are protected by copyright, trademarks (whether
registered or unregistered), design rights, database rights and all other intellectual property rights afforded to us (“Intellectual Property”).
While you may view and have access to our Intellectual Property for your own personal
and non-commercial use, you agree to abide by the following:

● Our Intellectual Property must be kept intact with the proper copyright and other
intellectual property notices; and
● You may not reproduce, resell, distribute, publicly perform, create derivative
works, translate, transmit, post, republish, exploit, copy or otherwise use our
Intellectual Property for any commercial or non-personal use, unless you have
received explicit written consent from us to do so.

It is in our sole discretion to give written consent for you to reproduce, resell, distribute,
publicly perform, create derivative works, translate, transmit, post, republish, copy or
otherwise use our Intellectual Property. If you have any questions, please contact us
using the contact information provided below.

NO WARRANTIES
Your use of this website and any Products is entirely at your risk, as the website and our
Products are provided on an “as is” and “as available” basis. We do not make any
express or implied warranties or representations relating to the website, its content and
our Products, including but not limited to warranties of title, merchantability, fitness for a
particular purpose and non-infringement of third parties’ rights. We also do not make
any express or implied warranties or representations that the website will operate
without error or that the website, the servers relied on, our Products and any content is
free from computer viruses or other potentially harmful or destructive features. Some
jurisdictions do not permit the exclusion of certain warranties. As such, some of the
exclusions referenced in this section may not apply to you.

LIMITATION OF LIABILITY
To the fullest extent permissible by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access this website or any Products or your reliance on any advice, opinion, information, representation or omission contained on, or received through this website or any Products, even if we have been advised of the possibility of such damages occurring.

This limitation of liability applies whether such liability arises from tort, negligence,
breach of contract or any other legal theory of liability.

INDEMNIFICATION
You shall indemnify, defend and hold harmless the Company and our affiliates, and our
respective directors, contractors, successors, joint venture partners, shareholders,
agents, affiliates, officers, employees, assignees and licensees from and against any
and all damages, liabilities, losses, costs and expenses resulting from any suits,
proceedings, judgments, demands, causes of action and claims (collectively, the
“Claims”), including legal and accounting fees and expenses, whether or not involving a
third party claim, to the extent arising out of, relating to or resulting from: (i) your use or
misuse of this website or any of our Products, (ii) your breach of this Agreement, or (iii)
your violation of any third party rights, including without limitation any copyright, trade
secret, trademark, right of publicity, privacy, property or other intellectual property or
proprietary rights. We will provide you with notice of any Claims, and may in our sole
discretion assist you, at your expense, in defending such Claims. We reserve the right to
assume exclusive control of defending any such Claim, at your expense, including
choice of legal counsel. You agree to cooperate and assist us in defending any such
Claim.

CONFIDENTIAL INFORMATION
Please do not send, email, or otherwise make available any material that contains any
confidential information.

GOVERNING LAW
All matters relating to or arising out of this Agreement shall be governed by and
construed and interpreted under the laws of the state of California, United States of
America, without regard to conflicts of laws principles that would require the application
of any other law.

BINDING ARBITRATION
In the event that either party asserts that there is a dispute arising out of or relating to
this Agreement, such party shall first notify the other party in writing, specifying the
nature of the dispute and scheduling a meeting to attempt to resolve the dispute.

If no resolution is reached within thirty (30) calendar days of the delivery of the written
notice, either party may then elect to exclusively and finally resolve the dispute by
binding arbitration by filing a written notice of arbitration in accordance with this section
under the subheading “Binding Arbitration” and the Rules of Conciliation and Arbitration
of the International Chamber of Commerce applicable at the time of submission of the
dispute to arbitration (the “ICC Rules”).

Notwithstanding anything to the contrary in the ICC Rules, the following terms and
conditions shall apply.

The arbitration shall be conducted by a panel of three (3) arbitrators. Each party shall
have the right to appoint one (1) arbitrator within fifteen (15) days following the delivery
of the written notice of arbitration, and a third arbitrator shall be selected by those two
(2) party-appointed arbitrators within thirty (30) days of the appointment of the two (2)
party-appointed arbitrators.

The arbitration proceedings shall be held in Los Angeles, CA, United States of America
in the English language.

The parties shall equally bear the costs and fees of the arbitration, and each party shall bear its own cost for its own legal expenses. The arbitrators shall apply the substantive law set forth in the section of this Agreement under the subheading “Governing Law”. Any arbitration proceeding shall be conducted on a confidential basis.

The arbitrators shall specify the reason and basis for their decision, the reason for any
damages awarded and the breakdown for such damages awarded, and the basis for any
other remedy authorized under this Agreement, including but not limited to injunctive
relief or specific performance. For the avoidance of doubt, nothing in this Agreement
shall prevent us from seeking injunctive or other equitable relief.

The decision of the arbitrators shall be considered as a final and binding resolution of
the dispute, shall be final and binding on the parties, and shall not be subject to appeal
or reexamination. The award of the arbitrators may be entered as a judgment and
enforced by any court of competent jurisdiction.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHT
TO TRIAL BY JURY IN ANY PROCEEDINGS, ACTION OR COUNTERCLAIM.

INJUNCTIVE OR OTHER EQUITABLE RELIEF
We may seek injunctive or other equitable relief that is necessary to protect our rights
and intellectual property. All actions or proceedings related to this Agreement that are
not subject to binding arbitration will be brought solely in the state or federal courts of
the State of California, United States of America. You hereby unconditionally and
irrevocably consent to the personal and subject matter jurisdiction of those courts for
purposes of any such action.

CLASS ACTION WAIVER
You agree that any dispute arising out of or relating to this Agreement shall be solely
between you and the Company.

YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

ENTIRE AGREEMENT
This Agreement, the Privacy Policy and Disclaimer contain the entire agreement
between you and the Company with respect to the subject matter hereof and thereof
and supersede all prior agreements and undertakings, both written and oral, with
respect thereto.

TERMINATION OF AGREEMENT
We reserve the right, in our sole discretion, to terminate this Agreement and to
terminate, restrict, deny, or suspend your access to the website and all Products at any
time and for any purpose without prior notice. We also reserve the right to discontinue
any or all of the website or Products at any time and for any purpose without prior
notice.

SEVERABILITY
If any term or other provision of this Agreement is held to be invalid, prohibited or
unenforceable under applicable law, the other provisions of this Agreement will remain
in full force and effect.

MISCELLANEOUS
Our failure to act on or delay in exercising any privilege, power or right under this
Agreement will not operate as a waiver of such privilege, power or right, and no single or
partial exercise of any such privilege, power or right will preclude any other or further
exercise of such privilege, power or right or the exercise of any other privilege, power or
right.

Subheadings in this Agreement are used for convenience of reference only and in no
way define, describe, limit or extend the scope of this Agreement or the intent of any of
its provisions. They shall not be considered in construing or interpreting this
Agreement.

The terms and conditions of this Agreement shall inure to the benefit of and be binding
upon the successors, heirs, executors, administrators, legal representatives and assigns
of the Company. Nothing in this Agreement, express or implied, is intended to confer
upon any party other than the Company or our successors, heirs, executors,
administrators, legal representatives and assigns, any rights, remedies, obligations or
liabilities under this Agreement. You may not assign any of your rights or transfer any
obligations under this Agreement to any other person.

If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and
disbursements in addition to any other relief to which such party may be entitled.

HOW TO CONTACT US
If you have any questions, please contact us using the information below.

By email: newfoundquality@gmail.com