This web site, thenewboston.com, and any related web sites contained herein (collectively, the "Website" or the "Site") make available to the Users of the Site, the ability to interact with other users of the Site and to buy, sell, or trade various items and products. This Site, including the services and/or the products offered therein, is owned and operated by Owner ("Owner") and all rights therein are reserved by Owner. The offer of information, the ability to interact with other users of the Site and to buy, sell, or trade items and/or services herein is expressly conditioned on the user's ("User('s)" or "You(r)") acceptance of the terms and conditions and notices, set forth herein, and on other pages of the Site (collectively the "Terms").
BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE, OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, PROVISIONS AND NOTICES IN THIS SITE ("AGREEMENT"), WITHOUT MODIFICATION, AND YOU AGREE TO MAKE ALL APPROPRIATE PAYMENTS IN THE EVENT THAT SERVICES OR PRODUCTS ARE PURCHASED.
The Services and information that is offered by this Site are exclusively for informational purposes only. This Site may contain various User comments, opinions, advice, or other information, as well as allowing the Users to buy, sell, or trade items of personal property by the use of Bitcoins and is not meant to alter, or replace, any other information or advice that You may receive from Your professional advisor(s). This Site may have available for Your viewing various information, including graphics, videos, or texts and by accessing and viewing this Site You acknowledge that Owner and the Site are not responsible for any of the opinions, information, advice, or other content therein. Owner and the Site do not endorse or agree with any of the opinions, information, advice or other content uploaded or provided by any User and we do not attest to the accuracy, validity, truthfulness, reliability, usefulness, legitimacy, or completeness of the opinions, information, advice, or other content uploaded by any User.
Owner and the Site do not endorse or guarantee any of the items, products, or services offered on the Site by any User, nor do we make any assertion as to the merchantability of fitness of purpose for any such items, products, or services offered on the Site by any User.
No oral advice, or written correspondence or information provided by this Site or by Owner will create a warranty of any kind, and You should not rely on any such information or advice.
There will be presented on this Site, certain opinions, advertisements, advice, services, and other content which is, has been, or will be, provided by third parties, which are not otherwise connected to this Site or to Owner and any such third party opinions, advertisement, advice, services, and other content, or other information, which may be expressed or made available by the Site, are expressly those of the respective providers of such content, including the authors or distributors thereof, and are not necessarily the opinion of this Site or of Owner. By Your accessing, or viewing this Site, You agree that You do so at Your own risk, and neither this Site nor Owner take any responsibility for Your exposure to any content viewed on this Site. Neither this Site nor Owner is responsible for, nor do they guarantee the accuracy, truthfulness, completeness, legitimacy, reliability or usefulness of, any third party content. In addition, by the accessing and viewing this Site You understand that You may be exposed to content that You may find sexually explicit, or otherwise offensive, or which may violate our policies directed at Site content.
In that event that this Site or Owner enter into any agreement with third parties to advertise, promote or offer for sale any product or service, You understand and agree that this Site and Owner do not necessarily promote, endorse, or otherwise sanction the use of such third party product(s) or service(s). Neither this Site nor Owner shall be responsible for any use or misuse of any third party product shown, advertised, offered for purchase, or purchased by You or any member of the public, and by Your accessing, and viewing, this Site You agree that the decision to purchase, use or misuse any third party product or service is solely Yours, as is the responsibility for the consequences of such use or misuse.
Neither this Site nor Owner grant permission to, or otherwise permit, minor children, under the age of 18 years, to access or view this Site. All content, information, services, and products shown on this Site are intended for adult viewing and use and any minor child under the age of 18 years that wishes to access, view or use this Site, or utilize any of the services or purchase any products shown thereon, must first have the consent to do so from said minor's parent or legal guardian.
Owner grants You a limited right to use this Site under only the conditions set forth herein. This right to use, or License to use, is limited and it is a personal, revocable, non-exclusive, royalty free right for the content of this Site only and is contingent upon Your compliance with these Terms. This limited right is non-transferrable.
This Site may offer products or services for sale and such commercial transactions must be conducted in accordance with the terms of this agreement. Such products or services may be offered by Owner or from third parties. Bitcoins shall be used for such transactions involving the buying or selling of items or products. Owner shall not be responsible, or liable in any way, for lost or stolen Bitcoins. Transactions involving the purchase, sale or trading of any item, or products, are solely between the Users involved in such transaction and neither the Site not the Owner are not responsible, or liable in any way, for any portion of such transaction, including, but not limited to the failure of a buyer to timely receive the item or product purchased, the failure of a seller to timely receive the appropriated amount of Bitcoins, inaccurate descriptions of any item or products offered for sale or trade and for any shipping or packaging problems involving such items or products. As in any online commercial transaction You must provide us, or the third party, such information as Your full name, address, telephone number, email address and, in the event that credit/debit cards are permitted to be used for any such transaction, credit card payment information, as well as any other necessary information that is needed. Such information must be accurate, current and complete. You agree to comply with all requirements herein, such that You may complete Your purchase of such services or products. By providing such information, You agree that Owner, or the third party, may immediately debit Your account for the fees, or charges, incident to Your purchase. In the event that the service or product that You ordered is a recurring order and has a recurring charge, or fee, You agree that Owner, or the third party, may debit Your account on a recurring basis as determined by Your order. You also agree that Owner or the third party, from whom You are ordering a service, or product, may use other third party payment processors and You agree that such third party payment processors, as our agents, have the same rights as we do regarding the payment information and debiting Your account, either for a single transaction or a recurring transaction. You agree that Owner has the right, at any time, to increase, or otherwise modify, the fees and charges associated with any purchase of services, or products, on the Site, and to institute new fees or charges for such services and products. Owner is not required to give any notice of such increase or modification of fees and charges or of the instituting of new fees or charges, other than posting the changes on the Site. You understand that, in the event that, any of Your personal, or payment, information changes, that it may affect Your ability to purchase services or products, or to receive services, or products, that You may have ordered; therefore, You agree to notify Owner of any such changes and to keep such information current at all times. You agree that Your right or ability to use a service, or receive a specific product, is conditional upon our receipt of payment, in Bitcoins, or if permitted from credit/debit cards transactions, and in the event that payment in Bitcoins is not received or if payment cannot be charged to Your credit/debit card, or if a charge is returned for any reason, such right to receive the service or product may be delayed or terminated. In the event that we are, for any reason, are unable to collect the fees or charges You owe us for the products or services specified in Your order, You agree that we may take any other steps we deem necessary to collect such fees from You, and that You will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees. You agree that we have the right, at any time, to suspend, or otherwise terminate, Your account and Your rights to make purchases of services and products from the Site. If You desire to review Your account information or if You have questions, or concerns, about a specific order, You may contact us at any time by going to the "Contact Us" section of the Site.
This Site may contain and/or reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Owner and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Owner and/or other parties, is granted to, or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted, without the express written consent of Owner. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Bamboo Bot trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
This Site is the copyrighted property of Owner and/or his various third party providers and distributors. This Site contains confidential and proprietary information and the content, products, services, informations, or programs provided on this Site by Owner may not be duplicated, copied, reproduced, republished, uploaded, posted, modified, shared, transmitted or distributed without the written permission of Owner except that You may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited. You acknowledge and agree that any content or material on the website that is the property of Owner cannot be duplicated, copied, reproduced, republished, uploaded, posted, modified, shared, transmitted or distributed in any way without the written permission of Owner. You acknowledge and agree that this prohibition shall apply to all content, material or other information now on this website or that may be added at any time in the future, whether in pdf format, jpeg format or other formats.
In the event that any software is made available to download from this Site ("Software") it is the copyrighted work of Owner and/or his various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement terms. Please note that copyright laws and international treaty provisions protect all Software. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted. Without limiting the foregoing, copying or reproduction of the Software for further reproduction or redistribution is expressly prohibited. Any warranty applicable to the Software will be specified in the terms of the License Agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
You agree that Owner has no obligation to, but may, monitor and review information You transmit over, or upload to, the Site. You agree that Owner may censor, edit, remove or prohibit the transmission or receipt of any information that Owner deems inappropriate or in violation of these Terms, and use any such information as necessary to protect the Site, and/or to protect the rights or properties of Owner. You agree that Owner may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You acknowledge and agree that, unless otherwise specified in writing, the content and services shown, or offered, on the Site are for Your personal and non-commercial use only. In connection with Your use of the Site, content and services, You acknowledge and agree that You will not, at any time, do any of the following acts:
In addition to the above prohibited acts, You may not upload to the Site or provide comment, opinion, advice, or information concerning any of the following:
You acknowledge that Owner will know passwords that You may use to access the Site. You acknowledge and agree that You are solely responsible for maintaining the confidentiality of any such information and passwords, and accept responsibility for all activities that occur under Your account or password. Owner takes no responsibility and assumes no liability for any content posted or submitted by You or any users of Your account.
This Site may include links to other web sites. Owner may provide such links solely as a convenience to You and for informational purposes only. Owner has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates Owner's endorsement, support or approval of the content, advertising, products, services, policies or other materials on, or available from, such web sites. Neither Owner nor any other providers of products, or services, related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access any such other web sites, You do so at Your own risk. Other web sites may include links to this Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from this Site.
Regarding Links from other sites to this Site, You are, under certain circumstances, and subject to the terms of this agreement, allowed to link to this Site. The Site and Owner has the right to withdraw Your right to do so at any time. If You receive notice from the Site or Owner to disable such link, You must do so immediately and remove it from the Site. Any link connected to the Site must do the following: a) the link must direct the user to only the Site's homepage; and b) the link must direct the user to the Site in full screen display; c) the link must be text only and the Uniform Resource Locator (URL) must be clearly discernable. Any link connected to the Site must not do the following: a) the link must not allow pop up advertising or other un-triggered windows; b) the link must not indicate, in any way, that the entity establishing the link is associated, or connected, with the Site or with Owner; c) the link must not be associated with any site offering obscene, profane or sexually explicit material and Owner reserves the exclusive right to make such determination, whether such material is obscene, profane or sexually explicit; d) the link must not in any way damage, or disparage, the reputation or goodwill of the Site or Owner.
Owner and any other providers of products, or services, related to this Site, are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Owner and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by User(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. Owner and any other providers of products or services related to this Site may cancel or modify reservations where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You agree that, Owner may, at his sole discretion and at any time, discontinue and terminate Your access to the Site or discontinue Your access to its services. This discontinuance, or termination, may include deletion, or other restriction, of any username, passwords or other information, and may be done without notice to You.
You agree that You use this website, the internet address of which is http://thenewboston.com, at Your own risk. The site, and any related information, contents and/or materials are provided on an "as is" basis without warranties of any kind. The owner of the site, Owner, hereby disclaims all warranties, either express or implied, including but not limited to: warranties of title; implied warranties of merchantability; guarantees of accuracy or completeness; fitness for a particular purpose; non-infringement; and those arising by statute, or otherwise in law, or from a course of dealing or usage of trade; other than those warranties which are imposed by, and incapable of exclusion, restriction, or modification, under the laws applicable to this agreement. By Your use of the Site You expressly agree that Owner will not be responsible or liable for any damages, whether liquidated or unliquidated, in the event that Your account, or any personal information associated therewith, is hacked, stolen, modified or otherwise compromised in any way, by any person. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.
No oral communication, opinion, advice or written correspondence, or other information provided by Owner, or the Site, will create a warranty of any kind, and You should not rely on any such information, opinion or advice. You acknowledge and agree that the provisions of this Disclaimer shall apply to all opinions, comments, advice, information and all items that You offered to buy, sell or trade, or that You did buy, sell or trade or that may in the future be added to the Site.
You acknowledge and agree that the use of this website and the information and services provided by this website are fully voluntary on Your part. You acknowledge and agree that everyone is different and Your particular personal satisfaction is not, in any manner, warranted or guaranteed. You acknowledge and agree that the Site and Owner make no warranty, either express or implied, as to the accuracy, or completeness, of the content of this website. You acknowledge and agree that the use of this website is entirely voluntary and at Your own risk. The website and Owner make no guarantees as to the accuracy, completeness, or timeliness of the information contained on this website. You acknowledge and agree that all information provided by the website, including but not limited to, all opinions, comments, advice, stories, texts, pictures, videos, graphics, links to other sites, or information, as well as any opinions expressed by Owner, or by the website or by any third party provider, or any other content contained or shown on the website whatever, may be modified, altered, updated, deleted or otherwise changed at any time and without any notice to You or to the public. You acknowledge and agree that, in the event that You follow any advice shown on the website, or purchase any item or product shown, or otherwise marketed on the website, that Owner does not make any guarantees or warranties as to result, and that Owner has no liability for any such result, favorable or unfavorable, which arises therefrom, nor do his agents, representatives or licensors, or any third party providers of products, or services, related to this site.
In no event shall the website or Owner, his agents, representatives or licensors, or any third party providers of products, or services, related to this site, be liable to You, or any other party, for any loss or injury, or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise (including, but not limited to personal injury, financial damages, whether liquidated or unliquidated, or any other issues of any type whatsoever) resulting from, or in any way connected to: (a) Your use of this site; (b) any information that You receive from this site; or (c) the performance, or nonperformance, by Owner, , his agents, representatives or licensors, or any third party providers of products, or services, related to this site; even if such party has been advised of the possibility of damages to such parties. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. You hereby waive any and all claims against the Site, Owner, his agents, representatives and licensors, or any third party providers of products, or services, related to this site, rising out of, or in any way connected to Your use of the site and/or any related products or services.
You expressly agree that, in the event Owner is held liable for any damages related to this site, Your sole and exclusive remedy as to damages and legal relief will be limited to the reimbursement of the charges for any services, or products, which may have been paid by You, and which were not provided to You, if such reimbursement can be reasonably obtained by Owner from the other party in such transaction, or the amount of any fee received by Owner as a result of such transaction, whichever amount is less.
You hereby waive any and all rights to bring any claim, or action related to this site, against the website, Owner, his agents, representatives and licensors, or any third party providers of products, or services, related to this site beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.
The headings used in these Terms are included by convenience only and will not limit or otherwise affect these Terms.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
If Owner takes any action to enforce this Agreement, Owner will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorneys' fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Owner may be entitled.
Owner may at any time modify these Terms, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms periodically, and Your continued access, use and/or posting on this Site shall be deemed Your acceptance of the changed Terms.
You agree to indemnify and hold Owner and his subsidiaries, affiliates, officers, directors, agents, owners and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. Owner's failure to act with respect to a breach by You or others does not waive his right to act with respect to subsequent or similar breaches.
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of New York applicable to contracts entered into and to be performed entirely within said State. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, shall be resolved individually, without resort to any form of class action.
These Terms, together with those incorporated herein or referred to herein (including, without limitation, the terms, conditions and provisions of the Privacy Statement , relating to this Site) constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.