This agreement only applies to our website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services or other resources). You should direct any concerns with respect to any other websites to that website's administrator or Webmaster.
Newport Development Group dba prime home respects the intellectual property rights of others, and we expect our users to do the same. In appropriate circumstances, and in our sole discretion, we may but are not required to terminate the rights of any user to use our website (or any part thereof) who infringes the intellectual property rights of others. Subject to the foregoing, it is our policy to terminate in appropriate circumstances users who are repeat infringers. If you believe that a user of our website or services has infringed the intellectual property rights of another, please provide the following information to the copyright agent specified below.
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest; a description of the intellectual property interest that you claim has been infringed upon; a detailed description of where the material that you claim is infringing is located on our website, including the URL where the infringing material appears or is evident; your address, telephone number and email address; a statement that you have a good faith belief that the disputed use is not authorized by the intellectual property rights owner, its agent, and or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the intellectual property rights involved, or are authorized to act on behalf of such owner.
This policy is intended to comply fully with the requirements of the online
copyright infringement liability limitation act.
You agree to defend, indemnify and hold us, our shareholders, directors, officers, employees, agents, affiliates, and suppliers (indemnified persons) harmless from any claims, demand, damage, loss, or expense, including costs and attorney's fees, made by any third party due to or arising out of your access to or use of our website, services, or products, the violation of this agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (claim). If you are obligated to provide indemnification pursuant to this provision, the involved indemnified person may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any claim without the consent of the applicable indemnified person.
We make every effort to ensure the accuracy of all information that you receive in relation to the use of our services and products. In the event of typographical errors, technical inaccuracies, or product or service pricing errors or omissions, we reserve the right to correct the error within a reasonable period of time.
Disclaimers, Exclusions, 2nd Limitations
Disclaimer of warranties Newport Development Group dba prime home provides our website, services, and products on an as is and as available basis. We make no representations or warranties of any kind, express or implied, that our website, or the information, content, materials, services, or products available on our website, its servers, or email sent from us: (i) will be uninterrupted, (ii) will be free of defects, viruses, inaccuracies, errors, or other harmful components, (iii) will meet your requirements, or (iv) will operate in the configuration or with other hardware or software that you use. Newport Development Group dba prime home no warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You expressly agree that your use of the website, services, and products is at your sole risk.
Arbitration of Certain Disputes
Any dispute relating in any way to your visit to our website or to products you purchase through our website shall be submitted to confidential arbitration in Orange County, California, USA, except that, to the extent you have in any manner violated or threatened to violate Newport Development Group dba prime home intellectual property rights. Newport Development Group dba prime home may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
By visiting our website, you agree that the laws of the State of California and of the United States, without regard to its principles of conflict of laws, will govern this agreement as well as contracts made through our website for the purchase of services or products and any dispute of any sort that might arise between any of the parties to any such agreement. Notwithstanding the preceding sentence, the United Nations Convention for the international sale of goods and the uniform computer information transactions act shall not apply to the interpretation or enforcement of this agreement.