(702) 900-5755 [email protected]


NEW EARTH NETWORK

Humans have come into being for the sake of each other, so either teach them, or learn to bear them.

Marcus Aurelius

PARTICIPANT AGREEMENT

PARTICIPANT RELEASE: AGREEMENT AND AUTHORIZATION FOR PARTICIPANT TO BE IN MEDIA

 

This Participant Agreement (hereinafter “Agreement”), is made by and between the following parties:

Winterwolf Enterprises LLC, a limited liability company, organized under the laws of the state of Nevada, hereinafter referred to as “Winterwolf Enterprises LLC,” and user, speaker, and/or participant hereinafter referred to as “PARTICIPANT.”

 

BACKGROUND:

  1. WINTERWOLF ENTERPRISES LLC may choose or is currently engaged in the business of creating media, which includes but is not limited to engaging in the following activities for personal and commercial gain:
    • Podcasting, and voiceovers; filming, film/video/audio editing, and film/video/audio production; photography, photo editing, and photo production; digital photography, digital photo editing, and digital photo production; documentary production and editing; sound recordings; video recordings; sound manipulation and music productions; television production; podcast production; event production; web design and production.; and general audio, video, and graphic production.
  2. The PARTICIPANT consents to being a subject of WINTERWOLF ENTERPRISES LLC in media. The PARTICIPANT will allow WINTERWOLF ENTERPRISES LLC to capture images, videos, and/or sound recordings for use in media.
  3. Additionally, WINTERWOLF ENTERPRISES LLC and its affiliate companies, authors, coaches, speakers, and partners are currently engaged in hosting virtual meetings on Clubhouse, Zoom, and other platforms. By participating in any virtual meeting hosted by Winterwolf enterprises LLC and/or its affiliate companies, authors, coaches, and speakers, PARTICIPANT agrees to be recorded and permits Winterwolf enterprises LLC and its affiliate companies, authors, coaches, and speakers all the necessary rights to personally and commercially use PARTICIPANT’s contributions.

WHEREBY:

WINTERWOLF ENTERPRISES LLC IS RELEASED OF LIABILITY: For good and valuable consideration herein acknowledged as received, the PARTICIPANT releases WINTERWOLF ENTERPRISES LLC and assigns permission to license all images, video recordings,  and sound recordings and to use of images, video recordings, and sound recordings in any media for any purpose which may include, among others, advertising, education, promotion, marketing and packaging for any product or service. The PARTICIPANT agrees that any images, video recordings, and sound recordings may be combined with other images, video recordings, sound recordings, music, text and graphics, cropped, altered and modified.

WINTERWOLF ENTERPRISES LLC RETAINS ALL RIGHTS: The PARTICIPANT agrees that WINTERWOLF ENTERPRISES LLC has all rights to images, video recordings, and sound recordings, for perpetuity unless explicitly noted in this Agreement. The PARTICIPANT acknowledges and agrees that WINTERWOLF ENTERPRISES LLC is not liable for any further consideration or accounting, and further claims for any reason.

DURATION OF AGREEMENT: The PARTICIPANT acknowledges and agrees that this Agreement is binding on all heirs and assigns. The PARTICIPANT acknowledges and agrees that this Agreement is irrevocable, worldwide and perpetual.

In other words (for clarity): This Agreement does not expire for current and future recordings across all platforms and venues. Once PARTICIPANT agrees one time to this Agreement, PARTICIPANT does not have to agree again to join future events and conversations. This Agreement covers all events and conversations, now and in the future, in all venues and across all platforms (i.e. Clubhouse, Zoom, etc.))

COMPENSATION:  No compensation will be paid with respect to the use of PARTICIPANT’S Submission, Involvement, Input, Feedback, Opinion, Response, and/or any and all Contributions made by PARTICIPANT (herein referred to as “Participation Materials”). Winterwolf Enterprises LLC is under no obligation to post or use any Submission or Participation Materials that PARTICIPANT may provide, and Winterwolf Enterprises LLC may remove any Submission and Participation Materials at any time at Winterwolf Enterprises LLC’s sole discretion.

Indemnification

You agree to indemnify, defend and hold harmless Winterwolf Enterprises LLC, its officers, directors, team members, employees, agents, third parties, and our affiliated companies, speakers, coaches, authors, and partners for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Winterwolf Enterprises LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Winterwolf Enterprises LLC in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WINTERWOLF ENTERPRISES LLC WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WINTERWOLF ENTERPRISES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WINTERWOLF ENTERPRISES LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND 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 AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WINTERWOLF ENTERPRISES LLC WEBSITE. WINTERWOLF ENTERPRISES LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WINTERWOLF ENTERPRISES LLC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WINTERWOLF ENTERPRISES LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Limitation of Liability

WINTERWOLF ENTERPRISES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

IN NO EVENT SHALL WINTERWOLF ENTERPRISES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER THROUGH NEGLIGENCE, GROSS NEGLIGENCE INTENTIONAL OR MALICIOUS ACTS OR OTHERWISE, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WINTERWOLF ENTERPRISES LLC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WINTERWOLF ENTERPRISES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WINTERWOLF ENTERPRISES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT WINTERWOLF ENTERPRISES LLC SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

The Website is controlled and offered by WINTERWOLF ENTERPRISES LLC from its facilities in the United States of America. WINTERWOLF ENTERPRISES LLC makes no representations that the WINTERWOLF ENTERPRISES LLC Website is appropriate or available for use in other locations. Those who access or use the WINTERWOLF ENTERPRISES LLC Website from other jurisdictions do so at their own volition and are responsible for compliance with local law

 

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINTERWOLF ENTERPRISES LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINTERWOLF ENTERPRISES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/access restriction

Winterwolf Enterprises LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Winterwolf Enterprises LLC as a result of this agreement or use of the Site. Winterwolf Enterprises LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Winterwolf Enterprises LLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Winterwolf Enterprises LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Winterwolf Enterprises LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Winterwolf Enterprises LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Privacy Policy

By using this website you also agree to our privacy policy located here: https://newearthnetwork.club/privacy-policy/

 

Changes to Terms

Winterwolf Enterprises LLC reserves the right, in its sole discretion, to change the Terms under which NewEarthNetwork.club is offered. The most current version of the Terms will supersede all previous versions. Winterwolf Enterprises LLC encourages you to periodically review the Terms to stay informed of our updates.

This Agreement contains the agreement between the parties to this release and the terms of this Agreement are contractual and not a mere recital.

Additionally, PARTICIPANT also agrees to our Terms of Service.

This Agreement will be construed in accordance with and governed by the laws of the State of Nevada.

IF THE PARTICIPANT IS UNDER THE LEGAL AGE OF MAJORITY:
The responsible party (herein referred to as “GUARDIAN”) certifies that he/she is the parent or legal guardian of the minor above named as the PARTICIPANT, and GUARDIAN has legal authority to execute this Agreement on the PARTICIPANT’s behalf. The GUARDIAN has read and fully understands the contents of this Agreement, and consents to the said use of images, video recordings, and sound recordings based on the contents of this Agreement.

Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Content, Services, and Products You Purchase or Access from Us. By using our website, you understand and agree that Winterwolf Enterprises LLC cannot and does not make any warranties about the quality, safety, legitimacy, accuracy, or legality of any Content, Product, or Service (“Service” and/or “Product”, includes but is not limited to online classes, coaching sessions, courses, consultations, advice, training sessions,  webinars, seminars, teleseminars, products, items, services, eBooks, audiobooks, digital downloads, materials, notes, comments, writings, content, recommendations, advice, opinions, suggestions, and anything else we may share, sell, offer, or make available.) made available on or by NewEarthNetwork.club.  You release Winterwolf Enterprises LLC and our affiliated companies, speakers, coaches, authors, and partners from any claims related to Content, Products, and Services made available on or by NewEarthNetwork.club, including for defective Content, Products, and/or Services misrepresentations by Winterwolf Enterprises LLC and our affiliate companies, coaches, speakers, authors, affiliates, partners, or Content, Products, and/or Services that caused mental, emotional, financial, spiritual, or physical injury (like product liability claims).

Winterwolf Enterprises LLC and our affiliated companies, speakers, coaches, authors, and partners will sometimes make Content, Services, and Products available that we believe could benefit you or our users in some way. Although it is our intention to offer quality Content, Products, and Services, we know that not everything always works for everyone. Therefore, for Content, Services, and Products that we distribute, publish, share and/or make available to you, you agree that all such Content, Services, and Products are being provided without any warranty, representation, and/or guarantee of any kind and that you are using, referencing and/or receiving such information “as is” with no representation that such information, Content, Service, or Product. is truthfully accurate or scientifically, financially, or medically proven in any way. We are not financial advisors, doctors, psychologists nor certified health, science, nutritional, or medical professionals, and cannot be made liable to any degree for any advice, information, or anything within the Content, Services, and/or Products offered by us.

Additionally, you may come across materials that you find offensive or inappropriate while using our Services.  We make no representations concerning any Content posted. You release us from all liability relating to that content.

 

For further Clarification about Content, Products, and Services:

  • Diet, Nutrition, Herbs, and Supplements.  Although we do our best to provide accurate nutritional and macros information, when we claim that we think something is healthy, it is merely our opinion as consumers and not as professional dieticians or health care professionals. Use our recommendations at your own risk. We cannot be held liable for your use of any information or recommendations on our website, including information regarding diet, nutrition, herbs, and supplements.
  • Fitness and Exercise. Before following any of our fitness, exercise, or physical recommendations or programs, please check in with your doctor or health care provider to make sure they are safe for you. By following any advice, recommendations, or physical programs offered by Winterwolf Enterprises LLC and our affiliated companies, speakers, coaches, authors, and partners, you understand and agree that we cannot be held liable for injuries, illness, disease, or any other disaster that may happen to you by using our Services.
  • Energetic, Quantum, Spiritual, and Metaphysical Services. Due to the unforeseen nature of these types of services, we cannot guarantee that you will or will not receive any benefits. Likewise, by engaging in any energetic, quantum, spiritual, or metaphysical practices offer by or suggested by Winterwolf Enterprises LLC and our affiliated companies, speakers, coaches, authors, and partners, you understand and agree that we cannot be made liable to any degree for any advice, information, or anything relating to energetic, quantum, spiritual, or metaphysical Content, Products, or Services.

In other words, USE THIS WEBSITE AND ALL ITS CONTENTS, PRODUCTS, AND SERVICES AT YOUR OWN RISK!!!!!  

 

People You Interact With. You may be able to use the Services to interact with other individuals and users, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

 

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, Pinterest, and Speaker’s websites). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Winterwolf Enterprises is not a party to those agreements; they are solely between you and the third party.

 

Gift Cards and Promotions. You acknowledge that Winterwolf Enterprises LLC does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

 

Indemnification

You agree to indemnify, defend and hold harmless Winterwolf Enterprises LLC, its officers, directors, team members, employees, agents, third parties, and our affiliated companies, speakers, coaches, authors, and partners for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Winterwolf Enterprises LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Winterwolf Enterprises LLC in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WINTERWOLF ENTERPRISES LLC WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WINTERWOLF ENTERPRISES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WINTERWOLF ENTERPRISES LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND 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 AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WINTERWOLF ENTERPRISES LLC WEBSITE. WINTERWOLF ENTERPRISES LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WINTERWOLF ENTERPRISES LLC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WINTERWOLF ENTERPRISES LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Limitation of Liability

WINTERWOLF ENTERPRISES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

IN NO EVENT SHALL WINTERWOLF ENTERPRISES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER THROUGH NEGLIGENCE, GROSS NEGLIGENCE INTENTIONAL OR MALICIOUS ACTS OR OTHERWISE, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WINTERWOLF ENTERPRISES LLC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WINTERWOLF ENTERPRISES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WINTERWOLF ENTERPRISES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT WINTERWOLF ENTERPRISES LLC SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

The Website is controlled and offered by WINTERWOLF ENTERPRISES LLC from its facilities in the United States of America. WINTERWOLF ENTERPRISES LLC makes no representations that the WINTERWOLF ENTERPRISES LLC Website is appropriate or available for use in other locations. Those who access or use the WINTERWOLF ENTERPRISES LLC Website from other jurisdictions do so at their own volition and are responsible for compliance with local law

 

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINTERWOLF ENTERPRISES LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINTERWOLF ENTERPRISES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/access restriction

Winterwolf Enterprises LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Winterwolf Enterprises LLC as a result of this agreement or use of the Site. Winterwolf Enterprises LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Winterwolf Enterprises LLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Winterwolf Enterprises LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Winterwolf Enterprises LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Winterwolf Enterprises LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Privacy Policy

By using this website you also agree to our privacy policy located here: http://NewEarthNetwork.club/privacy-policy/

 

Changes to Terms

Winterwolf Enterprises LLC reserves the right, in its sole discretion, to change the Terms under which NewEarthNetwork.club is offered. The most current version of the Terms will supersede all previous versions. Winterwolf Enterprises LLC encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Winterwolf Enterprises LLC welcomes your questions or comments regarding the Terms:

Phone: 702-659-9008

Email Address:
[email protected]

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Effective as of March 20, 2021