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Terms of Use

Updated November 1st, 2012

1. Acceptance of Terms of Use.
Refactor America operates this web site (“Site”) to provide online access to a wide range of content, communication tools, forums, and information about its products and services ("Materials"). By accessing this Site, you are agreeing to accept and comply with each of the terms and conditions of use set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in specific areas of the site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.” Refactor America reserves the right to modify this Agreement at any time without giving you prior notice. You should visit this page periodically to review the then-current Terms of Use. Please note that Refactor America may, at its sole discretion, terminate your access to this Site at any time without notice.

2. Limited Right to Use.
This Site is owned and operated by Refactor America. You may, view, print and/or download one copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Materials only for educational or other non-commercial purposes within your business or organization. No Materials published by Refactor America on this Site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Refactor America. No right, title or interest in any Materials is transferred to you, whether as a result of downloading such Materials or otherwise. Refactor America reserves complete title and full intellectual property rights in all Materials. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws. You agree not to copy, modify, distribute, publicly display, transmit, rent, sell, or create derivative works of any portion of the Site except with the prior written consent of Refactor America. Any unauthorized use terminates the permission or license granted by us.

3. Copyright.
The Site and the Materials are protected by U.S. and/or foreign copyright laws, and belong to Refactor America or its partners, affiliates, contributors or third parties. The copyrights in the Materials are owned by Refactor America or other copyright owners who have authorized their use on the Site. You may not manipulate or alter in any way images or other Materials on this Site.

4. Trademarks.
The trademarks, service marks and logos of Refactor America, including but not limited to NewCityIT, and others used in this Site ("Trademarks") are the property of Refactor America and their respective owners. You have no right to use any such Trademarks, and nothing contained in this Site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Refactor America or the respective owner.

5. Privacy Policy.
Refactor America’s privacy policies may be viewed at http://www.refactoramerica.com/privacypolicy. Refactor America reserves the right to supplement, amend, and modify its privacy and security policies in its sole discretion from time to time.

6. Communications and Submissions.
Refactor America does not want to receive confidential or proprietary information from you via the Site. Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications of material, information, or data (“Submission” or collectively “Submissions”) you transmit to Refactor America or post to this Site will be considered non-confidential and non-proprietary. For all Submissions, you (i) guarantee to Refactor America that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Refactor America the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction, responsibilities or compensation to you.

7. Password Security Access.
Access to and use of password protected or secured areas of this Site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this Site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this Site as well as any activity that occurs under your username/password. You shall: (i) notify Refactor America immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Refactor America immediately and use reasonable efforts to stop immediately any unauthorized use of the Site; and (iii) not impersonate another user of the Site or provide false identity information to gain access to or use the Site.

8. Prohibitions on Certain Uses.
You shall not: (i) use the Materials to send spam or other uninvited email, instant message, or other electronic communication; (ii) send or store infringing, obscene, threatening, libelous, defamatory, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

9. Right to Monitor.
Although Refactor America is not obligated to do so, it will have the right to review your communications on this Site to determine whether you comply with our Terms of Use. Refactor America will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. Refactor America will comply with any court order in disclosing the identity of any person posting communications on this Site. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.

10. Links to Third Party Web Sites.
Links on the Site to third party web sites or information are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Refactor America of the third party, the third-party web site, or the information contained therein. The linked sites are not under the control of Refactor America and Refactor America is not responsible for the content of any linked site or any link contained in a linked site. Refactor America reserves the right to terminate any link at any time. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. Refactor America DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

11. Links to this Web Site.
If you would like to link to the Site, you must follow these guidelines: (i) download and use the Refactor America  Website Badge or, if you prefer to use a text only link, use “Refactor America” in Arial 10pt font or larger displayed in a visible, contrasting color, as the linked object or button; (ii) only create links to this Site when Refactor America’s business is relevant to your own activities; (iii) no use is permitted for the purpose of attracting attention, to suggest any endorsement or sponsorship by, or affiliation with Refactor America; and (iv) you must only link to url’s on the Site that start with http://www.refactoramerica.com/. Unless specifically authorized by Refactor America, you may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

12. File Downloads.
Refactor America cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

13. Software.
Any software available for download via the Site is the copyrighted work of Refactor America and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

14. Indemnification.
You agree to indemnify, defend and hold harmless Refactor America and its subsidiaries, affiliates, officers, directors, employees, and agents, from and against any lawsuit, claim, arbitration proceeding, cost, or other expense, including attorneys fees’ incurred, made by any third party due to or arising out of your access to or use of the Site, any violation by you of these Terms of Use, or your violation of any rights of another person or entity in connection with the Site.

15. Limitations of Liability.

16. Disclaimer of Warranties.
Refactor America assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this Site. You should not assume that the Materials on this Site are continuously updated or otherwise contain current information. Refactor America is not responsible for supplying content or materials from the Site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

17. Compliance with Laws.
You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of this Site, including those related to data privacy, international communications and the transmission of technical or personal data. You have all required authority to enter into this Agreement. You shall use the Site and Materials in compliance with all applicable laws, rules and regulations (including without limitation all laws concerning privacy, protection of customer data, and protection of minors). You represent and warrant that you and any person to whom you grant access to your account shall be at least eighteen (18) years of age.

18. Copyright Violation Notice.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at copyright@refactoramerica.com.

19. Waiver and Modification.
Refactor America shall have the right to supplement, amend and modify these Terms of Use from time to time in its sole discretion by posting such changes on the Site. No other amendment, or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties hereto. Failure by Refactor America to enforce any rights under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

20. Applicable Laws.
These Terms of Use are governed by the law in force in the State of California, United States of America, and the parties agree that any lawsuit or other legal action concerning these Terms of Use shall be adjudicated exclusively in the state or federal courts for Riverside County, California Each party hereby irrevocably submits to jurisdiction and venue in such courts. If any provision of this Agreement is determined to be unenforceable, all other provisions shall remain in full force and effect.
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