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Terms of Use
Welcome to our website. NewOrleans.Com L.L.C. operates this website (the “Website”) to provide you, the user, with information and related features and services (the “Service”). The terms and conditions set forth herein (the “Terms of Use”) constitute a binding license agreement that conditions your use of the Website. Our goal is to protect our rights in order to provide you (“User”) with access to the free content available on this site.
Your Use of the Service and this Website is Governed by these Terms of Use.
We ask that you take a moment to review the Terms of Use. After you have read these Terms, if you wish to not be bound by them, please leave the site. If you remain on this site, or return thereafter, you agree to abide by these Terms of Use.
The Terms of Use May Change Without Prior Notice.
NewOrleans.Com, L.L.C. reserves the right to modify the Terms of Use without prior notification. Your use of the Website after any such modification constitutes your acceptance of any changes or revisions to the Terms of Use. For this reason, we encourage you to review these Terms of Use frequently. The date of the most recent revisions will appear on this page. The Terms of Use can be accessed at any time at http://sales.neworleans.com/terms.
Rules of Usage
Restrictions on Use of Materials. All materials contained in the Website are copyrighted property of NewOrleans.Com, L.L.C. or affiliated companies and/or third-party licensors. All trademarks, service marks, trade names, and trade dress are proprietary to NewOrleans.Com, L.L.C. or its affiliates or licensees. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, and (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands. The use of any material provided by NewOrleans.Com, L.L.C. on any other website or computer environment is prohibited.
In the event you download software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Use of Message Boards and Forums. You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Website) ("Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, the Website ("Forums"). However, NewOrleans.Com, L.L.C. accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 13 are not authorized to post messages or participate in forums on this site.
NewOrleans.Com, L.L.C. does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by NewOrleans.Com, L.L.C. prior to posting and do not necessarily reflect the opinions or policies of NewOrleans.Com, L.L.C.. NewOrleans.Com, L.L.C. makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, NewOrleans.Com, L.L.C. reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
NewOrleans.Com, L.L.C. assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time NewOrleans.Com, L.L.C. chooses, in its sole discretion, to monitor the Forums, NewOrleans.Com, L.L.C. nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that NewOrleans.Com, L.L.C. accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Website to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Website by any other person.
You agree that you will not submit Messages to Forums that:
• are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to NewOrleans.Com, L.L.C. that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
• improperly assume or claim the identity, characteristics or qualifications of another person;
• are for purposes of spamming;
• contain any virus or other harmful component;
• are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
• are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of NewOrleans.Com, L.L.C. and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as NewOrleans.Com, L.L.C. sees fit.
You agree to release NewOrleans.Com, L.L.C. and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
General Practices Regarding Use and Storage. You acknowledge that NewOrleans.Com, L.L.C. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on NewOrleans.Com, L.L.C. servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that NewOrleans.Com, L.L.C. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that NewOrleans.Com, L.L.C. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that NewOrleans.Com, L.L.C. reserves the right to modify these general practices and limits from time to time.
Additional User Conduct. You agree not to take any action that interferes with the proper working of the Website; imposes an unreasonable or disproportionately large load on the Website's infrastructure; might compromise the security of the Website; render the Website or the Service inaccessible to others; or otherwise cause damage to the Website or any Content contained on the Website. You agree not to add to, subtract from, or otherwise modify the Content on the Website, except as expressly authorized by NewOrleans.Com, L.L.C. in these Terms of Use or by a written agreement between you and NewOrleans.Com, L.L.C..
Contests. All entrants to all contests held by NewOrleans.Com, L.L.C. agree to adhere to the following rules. Your entry into a contest serves as an agreement by you to abide by the following contest rules:
1. Contest Statement and Rules. If you are notified that your name was chosen at random from your entry on the Website, you will be the potential winner until the following has been determined:
• Contestants must be at least 18 years of age,
• Contests are open to anyone except for employees (and their immediate family members) of NewOrleans.Com, L.L.C. or any other subsidiaries of NewOrleans.Com, L.L.C.
• Contestants must execute a declaration and release in a form approved by NewOrleans.Com L.L.C. in its sole and absolute discretion.
• Contestants must provide their legal name and an address, phone number and email address for which prize notification may be sent.
• Winner must be able to be contacted in a timely manner by NewOrleans.Com, L.L.C. or prize will be forfeited.
• Winners must claim their prize in the time specified by the contest.
2. Official Rules. Contest open to residents of the continental United States. All conditions of eligibility are subject to verification by the promotions department, which has the sole and absolute discretion to decide issues of eligibility and whose decisions are final. NewOrleans.Com. LLC will not be held responsible for cancellation of any event and cannot replace prizes for such event. NewOrleans.Com. LLC reserves the right to substitute a prize of equal value. Winner must claim prize within required time after notification by contacting the NewOrleans.Com Promotion Department at (504) 309-1646 or email address
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. Proper identification (birth certificate, driver’s license, military ID, or social security card) must be provided in order to claim prize. Winners must complete all necessary income tax forms as required by law. NewOrleans.Com. LLC reserves the right to extend the prize claim period in cases of unusual circumstances. NewOrleans.Com. LLC, its successors, suppliers, licensees, subsidiaries and affiliates are not responsible for any technical problems and/or disconnection that may occur on any computer equipment, telephone, facsimile, or other equipment or communications delivery system of any nature whatsoever within a contest promotion. Void where prohibited or restricted by law. No substitutions or transfer of any prizes permitted. Winner pays all taxes, licensing fees, and other costs that may be incurred as a result of the award of any prize. Acceptance of prize constitutes permission to use winner’s name, biographical information and/or likeness for advertising or promotional purposes without further compensation as permitted by law.
Termination of Access to the Service. NewOrleans.Com, L.L.C. has sole discretion to terminate or temporarily suspend your access to all or part of this site for any reason, including failure to comply with these Terms of Use, without notice.
Personal Information and Privacy Policy. NewOrleans.Com, L.L.C. may monitor, record, collect and use for any lawful purpose information generated through your use of the Website or the Service. The collected information is subject to our Privacy Policy. Your obligations under these Terms of Use are in no way conditioned on the Service complying with the terms of our Privacy Policy. You may access the Privacy Policy any time at http://sales.neworleans.com/privacy.
Disclaimer of Warranty and Limitation of Liability. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
Indemnification. You understand and agree that you personally are responsible for your behavior on the Website and for your use of the Content. You agree to indemnify NewOrleans.Com, L.L.C. and its affiliates, employees, agents, representatives, business partner, licensors, and any third-party information providers to the Service , and to defend and hold each of them harmless, from any and all claims, liabilities, losses, expenses, damages, and costs, including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages, and reasonable attorneys’ fees which may arise from your submissions, from your unauthorized use of materials obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Website.
Jurisdiction. NewOrleans.Com, L.L.C. makes no representation that materials on the Service are appropriate, available or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Louisiana applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Louisiana. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
General Provisions
Entire Agreement. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by NewOrleans.Com, L.L.C. of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The information on the Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Links. We may provide links from our site to other sites as a convenience to our visitors. We have no control over linked sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. You acknowledge and agree that NewOrleans.Com, L.L.C. is not responsible for the availability of any such websites and that NewOrleans.Com, L.L.C. does not endorse or warrant, and is not responsible or liable for any such website, or the content on such website, or the services offered by such website. Under no circumstances will NewOrleans.Com, L.L.C. be responsible for any loss or damage resulting from your use of any such website or the services offered by such website or any content posted on such website or transmitted from such website. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.
Enforcement. NewOrleans.Com, L.L.C. will investigate and take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the Website and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, NewOrleans.Com, L.L.C. may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect.
Claims of Copyright Infringement. In the event that you claim to be the copyright owner of any Content, you agree to immediately notify NewOrleans.Com, L.L.C. of any claimed copyright infringement. You further agree to provide NewOrleans.Com, L.L.C. the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:
your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or 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 us to locate the material;
information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your 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 you, the owner of an exclusive right that is allegedly infringed. Any claims of copyright infringement on or relating to this Website can be submitted either by:
·Sending an email request to
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; or
·Sending a letter via the U.S. Mail to:
___________
NewOrleans.Com, L.L.C.
179 Hickory Ave., Ste. 100
New Orleans, LA 70123
5. General Contact Information. If you have any questions regarding these Terms of Use, the practices of this Website, or your dealings with this Website, you may contact us by:
· Sending an email request to
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; or
·Sending a letter via the U.S. Mail to:
__________________
NewOrleans.Com, L.L.C.
179 Hickory Ave., Ste. 100
New Orleans, LA 70123
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