Terms of Use

Introduction

These terms and conditions (these “Terms”) between you and Semirelated LLC, a New York State limited liability company, govern your use of newconsumer.com (“Website”) and The New Consumer email newsletter (“Newsletter” and, together with the Website, the “Service”). By using the Website and/or Newsletter, you accept these Terms in full as legally binding on you. If you disagree with these Terms or any part of these Terms, you may not use the Website or Newsletter.

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, without limitation, suspending, limiting and terminating your access to the Service.

Please pay special attention to the Choice of Law and Dispute Resolution section below, which requires that any disputes regarding the Service will be adjudicated in a private arbitration.  By agreeing to these Terms, you are agreeing to resolve any dispute between us through arbitration, and you are waiving your right to present your case to a judge or jury. You are also waiving your right to participate in any class action or representative action against us.

Eligibility

You may use the Service only if you are legally able to form a binding contract with Semirelated LLC, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Semirelated LLC.

License to use The New Consumer

Unless otherwise stated, Semirelated LLC owns the intellectual property rights and material in The New Consumer. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • sell, rent or sub-license material;
  • reproduce, duplicate, copy, or otherwise exploit material for a commercial purpose;
  • republish material (including republication on another website or app) except for as provided in Permitted Sharing below;
  • show any material in public except for as provided in Permitted Sharing below;
  • edit or otherwise modify any material; or redistribute material without permission from Semirelated LLC except as provided in Permitted Sharing below;
  • use a group inbox to subscribe to the Newsletter, or; 
  • share Newsletters designated as “Executive Briefing” beyond the limits provided in Permitted Sharing below. Newsletters designated as “Free Feature” may be shared freely. If more than one person in your company wants regular access to the Newsletter, we offer volume pricing for multiple subscriptions.

Permitted Sharing

A subscription to The New Consumer is for one person only.

  1. Newsletters designated “Free Feature” may be forwarded without limit.
  2. Newsletters designated “Executive Briefing” may be forwarded privately to a friend(s) or colleague(s) no more than four times per month provided it does not result in the Newsletter’s publication in any form. 
  3. You may take a screenshot of partial content for the purpose of sharing privately or on social media no more than four times per month provided such publication includes attribution to The New Consumer.
  4. You may reproduce a reasonable excerpt for a blog post or other publication provided such publication includes attribution and link to newconsumer.com. Such excerpt shall not to exceed 40% of content in the originating article.

Semirelated LLC reserves the right to terminate any or all of these exceptions at any time globally or on an individual user basis.

Pricing

Unless otherwise noted, all pricing is in US Dollars (USD).

Refunds

Refunds are not permitted.

Restricted Access

Access to certain areas of the Website is restricted. Semirelated LLC reserves the right to restrict access to other areas of the Website, or indeed the entire Website, at Semirelated LLC’s discretion. In order to provide access to restricted areas and content, we need certain registration information from you, such as your name, email address, and potentially other uniquely identifying information (collectively, “Registration Data”). You agree that the Registration Data will be true, accurate, complete, and current at all times. Registration Data and certain other information about you are subject to our Privacy Policy.

If Semirelated LLC provides you with a user ID and password to enable you to access the Newsletter or restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. You agree not to: (i) share your ID or password with any other person; (ii) knowingly use the name, identity or email of any other person to gain access to restricted areas or content without authorization; or (iii) use an email address or other designation that is profane, offensive or otherwise inappropriate. You agree that you are fully and solely responsible for maintaining the confidentiality and security of, and for all uses of, your account, ID and password, and Registration Data and for all activities that occur under your account, even if such activities were not committed or authorized by you. You agree to promptly notify us of any breach of security by email to support@newconsumer.com.

Semirelated LLC may disable your user ID and password in Semirelated LLC’s sole discretion without notice or explanation.

Privacy

Semirelated LLC takes your privacy seriously. What data we collect and how we use it are explained in greater detail in our privacy policy, which is binding as if provided in these Terms.

Digital Millennium Copyright Act

Notification of Alleged Copyright Infringement. We have registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avail ourselves of the protections under the Act. We reserve the right to remove any content that allegedly infringes another person’s copyright. We will terminate, in appropriate circumstances, users who are repeat infringers of another person’s copyright. Notices regarding any alleged copyright infringement should be directed to us via email at support@newconsumer.com.

Filing a DMCA Notice to Remove Copyright-Protected Content

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  • Your name, address, telephone number and email address (if any);
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where on the Service the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., a URL);
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
  • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • Your electronic or physical signature.

Filing a DMCA Counter-Notice to Restore Content Removed from the Service

If you believe that your material has been removed by mistake or misidentification, please provide us with a written counter-notification containing the following information:

  • Your name, address, telephone number and email address (if any);
  • A description of the material that was removed and the location on the Service where it previously appeared;
  • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which we may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
  • Your electronic or physical signature.

Advertisers

The Service may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Service is accurate and complies with applicable laws. We will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

Errors and Corrections 

We do not represent or warrant that the Service will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We do not warrant or represent that the content available on or through the Service will be correct, accurate, timely, or otherwise reliable. We may make improvements and changes to the features, functionality or content of the Service at any time.

No Warranties

NOTHING IN THE NEWSLETTER OR ON THE WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, FINANCIAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY FINANCIAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. YOU ARE AWARE OF AND AGREE THAT SEMIRELATED LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS THAT YOU SUFFER AS A RESULT OF ANY FINANCIAL TRANSACTION, REGARDLESS OF WHETHER OR NOT YOU ENTER SUCH TRANSACTION BASED IN ANY WAY UPON ANYTHING YOU LEARN FROM THE WEBSITE OR NEWSLETTER. SEMIRELATED LLC IS NOT YOUR FINANCIAL ADVISOR AND WHEN IT COMES TO MAKING FINANCIAL DECISIONS, YOU ARE ON YOUR OWN.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SEMIRELATED LLC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

SEMIRELATED LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SEMIRELATED LLC SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SEMIRELATED LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEMIRELATED LLC, ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE WEBSITE OR NEWSLETTER, THE GOODS OR USE OF, OR INABILITY TO USE, THE WEBSITE OR NEWSLETTER. UNDER NO CIRCUMSTANCES WILL SEMIRELATED LLC BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION ON THE WEBSITE OR NEWSLETTER. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL SEMIRELATED LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEMIRELATED LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY INFORMATION CONTAINED IN THE WEBSITE OR NEWSLETTER; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) VIOLATION OF ANY PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SEMIRELATED LLC, ITS MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF (I) THE AMOUNT YOU PAID TO SEMIRELATED LLC HEREUNDER AND (II) $100.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SEMIRELATED LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Reasonableness

By using the Newsletter and Website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you may not use the Website or Newsletter.

Other parties

You accept that, as a limited liability entity, Semirelated LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Semirelated LLC’s members, managers, officers, or employees in respect of any losses you suffer in connection with the Newsletter or Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Semirelated LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Semirelated LLC.

Indemnity

You hereby agree to indemnify, defend and hold harmless Semirelated LLC and our present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service and undertake to keep such parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by such parties to a third party in settlement of a claim or dispute on the advice of Semirelated LLC’s legal advisers) incurred or suffered by such parties arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Breaches of these terms and conditions

Without prejudice to Semirelated LLC’s other rights under these Terms, if you breach these Terms in any way, Semirelated LLC may take such action as Semirelated LLC deems appropriate, including suspending your access to the Newsletter and/or Website, prohibiting you from accessing the Newsletter and/or Website, blocking computers using your IP address from accessing the Newsletter and/or Website, contacting your internet service provider to request that they block your access to the Newsletter and/or Website and bringing court proceedings against you.

Revising these Terms

Semirelated LLC may revise these Terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Newsletter and Website from the date of the publication of the revised terms and conditions on this Newsletter and/or Website. Please check this page regularly to ensure you are familiar with the current version.

Third Party Links

The Website and/or Newsletter may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Semirelated LLC. Semirelated LLC does not endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access a third party website from the Website and/or Newsletter, you do so at your own risk, and you understand that these Terms and Semirelated LLC’s Privacy Policy do not apply to your use of such sites. You expressly relieve Semirelated LLC from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Semirelated LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Choice of Law and Dispute Resolution 

These Terms are governed by and construed in accordance with the internal law of the State of New York without reference to its principles of conflicts of laws.

Any dispute or claim arising from or relating to these Terms will be settled by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (the “Rules”) then in effect, which Rules are incorporated into these Terms by reference.  Any arbitration will be before a single arbitrator in accordance with the Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, each party has the right to bring an action for injunctive or other equitable relief, pending a final decision by the arbitrator, in the courts located in New York County, New York.

Any arbitration will be held in New York, New York, or another location that is reasonably convenient to both parties, accounting for travel and other circumstances, as contemplated by the Rules.

YOU AGREE THAT, UNLESS PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT OUR PRIOR WRITTEN CONSENT.  EACH PARTY IS WAIVING ITS RIGHT TO A TRIAL BY JURY.

Entire Agreement; Severability

These Terms supersede all other agreements between the parties concerning their subject matter. If any provision of these Terms is found to be unenforceable, that provision will be limited to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.  Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and delegate any of our obligations under these Terms.

Contact

You can contact Semirelated LLC by mail at 245 Monroe St, Brooklyn, NY, 11216, USA, or by email to support@newconsumer.com.

Last updated March 1, 2020.