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Thanks for visiting the Newman’s Own Foundation website (the “Site”).  We hope you enjoy the Site.
 
Your use of the Site is conditioned upon your acceptance of all of the terms and conditions stated in these Terms of Use. Newman’s Own Foundation (sometimes referred to herein as “NOF”, “us”, “we”, or “our”) reserves the right to make changes to these Terms and Conditions at any time by posting the changed Terms of Use in this location.
 
Please read these Terms of Use carefully because your use of the Site, and your continued use of the Site after changes to the Terms of Use have been posted, constitutes your agreement to all Terms of Use.  If you do not agree to these Terms of Use than you may not use this Site.
 
Intellectual Property Rights  
Either NOF or its third party licensor owns and holds all of the intellectual property rights used on or associated with this Site, including but not limited to, copyrights, trademarks, trade names, and rights of publicity, in, to and associated with (i) Mr. Paul Newman, including use of his name, image, and likeness, (ii) the brand NEWMAN’S OWN, and (ii) all other information and content contained on the Site.  The rights in this intellectual property and to the Site in general are valuable property of NOF or its third party licensors, and may not be used without the prior written permission of NOF or the applicable licensor.  
 
These Terms of Use permit you to use the Site for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
  • Modify copies of any materials from the Site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate intellectual property, contract and other laws. You shall be fully responsible for any consequences resulting from such use.   If you wish to make any use of material on the Site other than that set out in this section, please refer to the Requests for Additional Usage Rights section below.
 
Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate intellectual property, contract and other laws. You shall be fully responsible for any consequences resulting from such use.   If you wish to make any use of material on the Site other than that set out in this section, please refer to the Requests for Additional Usage Rights section below.
 
Prohibited Conduct
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted.  You agree to use the Site only for lawful purposes.  You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.  In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact.  You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from or associated with NOF.  You alone are responsible for the content and consequences of any of your activities.
 
No Endorsement of Linked Sites
This Site may contain links to other websites.  These links are provided as references and are for your convenience to help you identify and locate other resources that may be of interest.  Parties other than NOF independently developed these other websites and therefore NOF does not assume responsibility for the accuracy or appropriateness of the information contained on such websites.  In providing links to other websites, NOF is not acting as a publisher or disseminator of the material contained on these other websites and does not seek to control the content of, or maintain any type of editorial control over, such websites. A link to another website should not be construed to mean that NOF is associated with or endorses that party or its products and/or services.  NOF is not responsible for the privacy practices of such other sites.  
 
Disclaimer/Limitation of Liability
NOF does not guarantee the quality, accuracy, completeness or timeliness of the information and other content of the Site.  While every effort has been made to ensure the information and other content is complete and accurate, the Site may contain typographical or other errors and should not be assumed to be error-free.  NOF MAKES NO REPRESENTATION WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THIS SITE AND SPECIFICALLY DISCLAIMS ANY IMPLIED RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION PROVIDED.  WITHOUT LIMITING THE FOREGOING, THE CONTENT ON THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR AS TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
 
NOF WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE SITE OR ANY OTHER WEBSITE.  THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE SITE OR ANY OTHER WEBSITE TO WHICH YOU HYPERLINK FROM OUR SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.  FURTHERMORE, NOF IS NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  
 
Indemnification
You agree to defend, indemnify and hold harmless NOF, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site or its content, other than as expressly authorized herein.
 
Jurisdiction and Governing Law
NOF controls and operates the Site from its headquarters in Connecticut, in the United States of America.  If you use our Site from locations outside of the state of Connecticut, USA, you are responsible for compliance with any applicable local laws.  In addition, you may not use the Site in violation of state or federal laws or regulations that may be applicable to you.  These Terms of Use shall be governed by and interpreted according to the laws of the State of Connecticut (without applying the State's conflict-of-law principles).  Any dispute arising out of these Terms of Use and their violation or enforcement shall be brought in federal or state court in Connecticut. 
 
Entire Agreement/Enforcement/Updates
If any provision of these Terms of Use is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.  NOF may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you.  This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.
 
Requests for Additional Usage Rights
All requests for approval to use any materials related to this Site or to Mr. Paul Newman, including his name, image, likeness, voice or similar personal likeness or characteristics (the “PN IP”) must be made to NOF in writing.  Please include your name, contact information, your organization, specifics on your desired use of the materials or PN IP including the specific information or intellectual property you wish to use, the nature of the use and the intended period of use, and any other information that you believe will be helpful to Newman’s Own Foundation when it processes your request.  Please address all requests for approval to:
 
Jacqueline P. Scheib, Esq.
c/o Newman’s Own Foundation
246 Post Road East, Suite 2C
Westport, CT 06880
 
Newman’s Own Foundation will make every effort to respond to your request for approval in a timely fashion.  In some instances, however, NOF may take time to review your request or may not be able to respond.  Failure of NOF to respond to your request for approval should not be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any information or intellectual property associated with Mr. Paul Newman or the Site.  NOF may only grant your request for approval in an express written document and absent such writing you do not have any additional usage rights.