Terms of Service

Effective Date: January 23, 2024

Welcome to the Newsette, LLC (“Company”) Terms of Service agreement. For purposes of this agreement, “Site” refers to Company’s website, which can be accessed at https://thenewsette.com/. “Service” refers to Company’s services accessed via the Site, in which users can subscribe to Company’s newsletter. The terms “we,” “us,” and “our” refer to Company. “You” refers to you, as a user of our Site or our Service.

The following Terms of Service apply when you view or use the Service via our website located at https://thenewsette.com/ or by accessing the Service through our newsletter.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to be bound by these Terms of Service in their entirety, you may not access or use the Service.

Privacy Policy

Company respects the privacy of its Service users. Please refer to Company’s Privacy Policy (found below, click here to be taken there) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Service.

Registration; Rules for Use of the Service

If you are a user who signs up for the Service, you will provide personal information to access the Service and to receive messages from Company. You agree to notify us immediately of any unauthorized use of your personal information. Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your personal information.

Use Restrictions

Your permission to use the Site is conditioned upon the following use, and conduct restrictions:

• Access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service.
• Collect or harvest any personal data of any user of the Site or the Service.
• Use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.
• Distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis).
• Use the Service for any unlawful purpose or for the promotion of illegal activities.
• Attempt to, or harass, abuse or harm another person or group.
• Provide false or inaccurate information.
• Interfere or attempt to interfere with the proper functioning of the Service.
• Make any automated use of the Site, the Service, or the related systems.
• Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data.
• Circumvent, disable, or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service.

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users.

Though we strive to enforce these Terms of Service, you may be exposed to content that is inaccurate or objectionable when you use or access the Site or the Service. Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and local law. If you become aware of a misuse of our Service or violation of these Terms of Service, please contact us at gethelp@thenewsette.com.

Links to Other Sites and/or Materials

As part of the Service, we may provide you with convenient links to third-party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third-Party Sites or Third-Party Applications, Software, or Content or the promotions, materials, information, goods, or services available on these Third-Party Sites or Third-Party Applications, Software, or Content.

Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Sites accessed through the Service or any Third-Party Applications, Software or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply our approval or endorsement.

If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Service, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Site or relating to any applications you use or install from the Third-Party Site.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.

Consent to Receive Communications in Electronic Form

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by using the “Unsubscribe” link in the message, or by sending an email to gethelp@thenewsette.com. Opting out may prevent you from receiving messages regarding the Site, the Service, or special offers.

Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Limitation of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “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.”

Modification of Terms of Service

We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Service. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.

Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

General Terms

If any part of this Terms of Service agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with Company must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Service and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY AT https://thenewsette.com/privacy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Privacy Policy

Effective Date: January 23, 2024

This policy (this “Privacy Policy”) explains how Newsette, LLC (“Newsette,” “we,” “us,” or “our”) processes personal information of visitors (“you,” “your”) on www.thenewsette.com (the “Site”), our newsletter (the “Newsletter”), or when you otherwise use our services (collectively, the “Services”). If you do not agree to the terms of this Privacy Policy, do not use any of our Services or submit your personal information to us. Please read this Privacy Policy and all other relevant privacy notices we may provide or post. This Privacy Policy does not apply to digital properties that do not link to this Privacy Policy or to third-party websites to which the Services may link.

If you are a resident of California, Colorado, or Virginia, please review our U.S. State Privacy Law Notice available here. If you are a resident of jurisdictions where GDPR applies (such as U.K., EU, and Swiss residents), Canada, or Mexico, please review our International Privacy Law Notice available here. Our terms of service can be found here.

1. Personal Information We May Collect

• First and last name
• Email address
• Browser and device information, such as operating system name and version, device manufacturer and model, language, Internet browser type and version
• Newsletter usage data
• Social media account handle
• Information collected through cookies, pixel tags, and other digital tracking technologies
• Aggregated information
• Internet Protocol (IP) address

2. How We May Collect Personal Information

• When you register for our Newsletter or otherwise interact with our Services.
• Automatically through your browser, device, or use of the Newsletter. We collect technical information automatically; for example, your IP address (through which we can determine your general location) and data about which pages you visit on the Site using log files provided by our service providers.
• When you contact us with questions or comments.
• From other sources. For example, through social media and other third parties, to the extent permitted by applicable law.
• Through use of cookies, pixel tags and other digital tracking technologies. For example, browser type, time spent on the Services, pages visited on the Site, and to measure the success of our marketing campaigns.
• By aggregating information. Note that such information does not personally identify you.

3. How We May Use Your Personal Information

• Deliver our newsletter to you.
• Respond to your inquiries or requests.
• Conduct general research and aggregate reporting.
• Collect, process, and retain your personal information where required by law (for example, to fulfill our regulatory obligations).
• Provide you with more relevant content in marketing, promotional, or other communications to which you may be subscribed.
• Detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal.
• Provide you with relevant information about our products and services.

4. Third Parties with Whom Personal Information May Be Disclosed

Newsette uses other companies and people to perform tasks on our behalf, and we need to share your information with them to provide products and services to you. Examples include but are not limited to providing you with information about products and services you may want to purchase from us or our partners, providing customer service, and conducting or gathering research-related information. We may disclose your personal information to such entities, as set forth below. Note that such disclosure may be based on your instruction. Data obtained through the short code program will not be shared with any third parties for their marketing reasons/purposes.

Note that this Privacy Policy does not apply to the practices of third parties that Newsette does not own or control, or individuals that Newsette does not employ or manage; you are subject to the privacy policies of those third parties. Newsette is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Services. We encourage you to review the privacy policy of any entity whose products or services you use through the Services.

• Third-party service providers who provide services such as website hosting, advertising technology services, information technology and related infrastructure provision, customer support, analytics services, email delivery, auditing, and other services.
• Third parties authorized by you.
• Any surviving entity or successors-in-interest in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings) and, in each case, any due diligence relating thereto.
• Business partners that display our ads on their digital properties, or to whose digital properties the Services link, including those partners that help us perform targeted advertising.
• Advertisers and advertising networks to select and serve relevant adverts to you and others. The information shared may include device-level information and analytics.
• Analytics and search engine providers that assist us in the improvement and optimization of our site.
• As we believe necessary: (i) under applicable law; (ii) investigate or take action regarding illegal activities, suspected fraud, or violations of Newsette's Terms of Use; (iii) to protect our rights, privacy, safety, or property, or the safety or property of yours or others; (iv) to allow us to pursue available remedies or limit our damages; and (v) to respond or comply with lawful requests from courts, law enforcement agencies, regulatory agencies, and other government authorities, which may include authorities outside your state or country of residence.

5. Marketing Communications

If you no longer wish to receive our newsletter, you may opt out by following the instructions contained in each such email, or by emailing your request to gethelp@thenewsette.com.

6. Security

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We also implement reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. For example, we may use network safeguards such as firewalls and data encryption, Intrusion Detection Systems (IDS) and Intrusion Prevention Systems (IPS), enforce physical access controls, and authorize access to personal data only for those people who require access to fulfill their job responsibilities. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. To the fullest extent permitted by applicable law, we do not accept liability for any unauthorized disclosure.

7. Persons Under 18 Years of Age

We do not knowingly collect the personal information of children under eighteen (18) years of age. If we learn that we have collected such personal information, we will take reasonable steps to remove such information from our database.

8. Digital Tracking Technologies

Newsette uses a variety of digital tracking technologies to help us better understand how people use our Services and facilitate ad targeting by third parties for first- and third-party products or services. Newsette may partner with third-party services that may use tracking technologies, such as browser cookies or Flash cookies, to provide certain services or features. These technologies allow a partner to recognize your computer each time you visit Newsette.

To the extent we use Google, Facebook, Instagram, TikTok, or Twitter for advertising purposes, please refer to the links provided by these respective companies to understand their related opt-out choices. More broadly, the online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative or the Digital Advertising Alliance (including for mobile apps at https://youradchoices.com/appchoices). Please note you must separately opt out in each browser and on each device; if you clear cache or cookies, be sure to reset your preferences as applicable (such as in the browser context). We are not responsible to the extent any such opt-outs are not honored by any advertising technology companies. Some internet browsers allow you to limit or disable the use of tracking technologies. More detailed information about can be found at the browser's website or settings.

9. Data Retention

Newsette will retain your information for as long as reasonably necessary to fulfill the purposes set forth in this notice unless a longer retention period is required or permitted by law. Newsette will retain and use your information as necessary to improve your experience with our Services, comply with law enforcement and resolve disputes.

10. Updates to this Privacy Policy

Any changes we may make to this Privacy Policy will be posted on this page and, where appropriate, you may be notified by email, in the Newsletter, or other places that Newsette deems appropriate. Please check back here frequently to see any updates or changes to this Privacy Policy. Your continued use of our Services following the posting of any changes will mean that you accept the changes we have made. The “Effective Date” at the top of this Privacy Policy indicates the date on which this Privacy Policy was last updated.

11. Contact Us

If you have questions or suggestions, you can contact Newsette by sending an email to gethelp@thenewsette.com.