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Newsmax Media Kit

The Newsmax Difference

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You can tap into these highly responsive readers via Newsmax’s powerful online channels — including:

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Newsmax Privacy Policy
Last updated: December 18, 2012

Newsmax Media, Inc., including newsmax.com, newsmaxhealth.com, moneynews.com, newsmaxworld.com, lignet.com, fbtalliance.com, shop.newsmax.com, and any other affiliated sites operated by Newsmax Media, Inc. (the “Site” or “Sites”), is committed to maintaining the privacy of all visitors to our family of websites as described by this Privacy Policy. BY USING THE SITES, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY AND OF OUR PROCESSING YOUR PERSONAL DATA IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SITES. YOUR CONTINUED USE OF THE SITES INDICATES TO US THAT YOU HAVE READ AND AGREE WITH OUR PRIVACY POLICY AND THAT YOU ACCEPT ANY CHANGES THERETO, WHETHER OR NOT YOU HAVE ACTUALLY REVIEWED EITHER THE POLICY OR ANY CHANGES THERETO.

This Privacy Policy explains how we collect your Personal Data (as defined below) on the Sites, how we protect such data, and the choices you have concerning our use of such data. Please read this Privacy Policy carefully. This Privacy Policy represents our current (as of the last updated date, above) data collection and usage practices. Newsmax will from time to time review and revise these practices. We will post any changes to this Privacy Policy here. Please refer back to this Privacy Policy on a regular basis. For the purposes of this Privacy Policy, "Newsmax", "we", "us", and "our" means Newsmax and its affiliates.

This Privacy Policy applies only to information collected by the Sites. We are not responsible for the privacy of any information (i) that you reveal or post in any public forum that may be or in the future become available on the Sites, such as message boards or chat rooms, (ii) that is available now to the general public through no action or fault of Newsmax, or (iii) that Newsmax receives from any third party reasonably known to have a legal right to transmit such information and under no obligation to keep such information confidential. We are also not responsible for the privacy practices of websites that are operated or owned by third parties that may be linked to from the Sites.

Collection of Personal Data
Personal data is information that identifies you or can be used to identify or contact you, such as your name, e-mail address, postal address, or phone number ("Personal Data"). Newsmax may collect Personal Data from you when you enroll in, subscribe to or agree to purchase any of our paid goods and services, register for news alerts on the Sites. In addition to information collected during registration, enrollment, subscription or purchase, Newsmax may collect Personal Data knowingly provided by you in e-mails to the Sites, online forms, order and registration forms, surveys, polls, sweepstakes, and contest entries. Providing this information is always at your option, although your failure to provide Personal Data in such instances may limit your ability to use such features of the Sites.

In all of these cases, we will collect Personal Data from you only if you voluntarily submit such information to us. We will not sell, share, license, trade or rent your Personal Data other than as specified in this Privacy Policy, unless we have your consent to do so. We may, from time to time in emails, alerts or other mailings you have agreed to accept from us, include advertisements, sponsorships, other offers from or information about third parties. This does not and will not mean that Newsmax endorses any specific products or services available from such third parties. Such materials from those third parties, regardless of their relationship with us, are provided merely for information purposes and users should make their own judgments and evaluation of any services or products available on any other websites. You do not have to provide us with any Personal Data to visit the Site. However, if you choose to withhold requested information, you may not be able to visit all sections or use all features of the Site.

Collection of Monitoring Data and Use of Tracking Tools
In addition to Personal Data, Newsmax and service providers it engages may collect and/or track information that by itself is not used to identify you personally or to contact you, such as demographic information, domain names, computer type, browser types, screen resolution, and other anonymous statistical data involving the use of the Sites ("Monitoring Data"). We use Monitoring Data to help us understand who uses the Sites and to improve Newsmax's websites.

To enhance the Internet experience on the Sites, Newsmax and service providers it engages may use various Internet technologies such as, ‘cookies,' ‘web beacons,’ ‘action tags,' ‘web bug,' ‘.gif tags,' and ‘JavaScript' (together, "Tracking Tools"). Tracking Tools are files or tools that are placed on your computer in order to identify your Web browser and the activities of your computer on the Sites. Newsmax uses these technologies to customize and enhance the Internet experience of individual users. When you revisit the Sites, Newsmax may recognize you by a Tracking Tool and customize your experience accordingly. For example, once you have completed the registration process, a cookie will be used to remember your registration preferences. You may decline Internet cookies, if any, by using the appropriate feature of your Web browser software, if available. If cookies are disabled, however, all features of the Sites may not operate as intended. Information about the procedure you are required to follow in order to disable cookies can be found on your Internet browser provider's website.

We believe Tracking Tool technologies add value to the user experience, and the information obtained through these technologies is not sold or otherwise made available to third parties by Newsmax, other than as may from time to time be specified in this Privacy Policy.

Use and Sharing of Data Collected
Newsmax may use Personal Data and Monitoring Data it collects for editorial and feedback purposes, marketing and promotion, statistical analysis of users' behavior, product development, delivering products and services, providing customer support, customizing and improving the content and layout of the Sites or other websites of Newsmax, completing business transactions, administering individual accounts and meeting government regulatory requirements such as sales tax collection. Monitoring Data may be used for internal or external purposes such as researching and identifying market segments and needs.

Newsmax may share your Personal Data and other data collected with service providers, affiliates, and subsidiaries in connection with the services we provide.

Newsmax may disclose your Personal Data to unaffiliated third parties if we believe in good faith that such disclosure is necessary (a) to comply with applicable laws, rules, or regulations, or to preserve Newsmax's legal rights in the Sites’ content, whether the same arises from contract or through force of law; (b) to provide you with any services, information, special offers, promotions or products you requested or consented to and to allow us to perform other activities related to such services and products; or (c) to operate these Sites and other of Newsmax's systems properly. Newsmax may also share your Personal Data with a sponsor or other third party that is interested in serving you ("Third-Party Providers"). You may instruct us at any time not to share your Personal Data with such Third-Party Providers by contacting us in the manner provided under "Your Choices Regarding Personal Data Collection and Use".

Newsmax is not responsible for any further use or disclosure of your Personal Data by Third-Party Providers; such use or disclosure is governed by the Third-Party Providers' privacy policies.

Newsmax reserves the right to transfer Personal Data and Monitoring Data it collects to successors to the relevant portion of any of Newsmax's businesses or to independent contractors it engages to assist with or perform on Newsmax's behalf any of the foregoing activities. Also, if Newsmax's assets are subject to a claim in bankruptcy, Personal Data and Monitoring Data may be an asset subject to the claims of a trustee in bankruptcy and may be available to Newsmax's creditors. In addition, Newsmax reserves the right to use Personal Data to contact you regarding your account status and changes to this Privacy Policy or any other policies, agreements or transactions relevant to your use of the Sites. Newsmax will take reasonable steps to maintain the integrity of the collected data so that it is reliable and appropriate for the foregoing uses.

Your Choices Regarding Personal Data Collection and Use
You may choose to receive promotional correspondence from Newsmax and its marketing partners by checking the appropriate box when you register or by contacting Newsmax via telephone at 800-485-4350. Newsmax will not share any Personal Data with a third party without giving you the opportunity to choose to share such Data. You may modify, correct, change or update Personal Data that Newsmax has collected via the Sites or request that your Personal Data be removed from Newsmax's database by contacting Newsmax via the telephone number indicated below. If you have purchased products, including subscriptions, from us in the past, you may also request that your Personal Data be removed from Newsmax's database by contacting Newsmax via e-mail at customerservice@Newsmax.com, in addition to contacting us by phone at 800-485-4350. In any instance, our removal of such information may require you to register again with Newsmax in the event you later wish full access to the Sites.

You should be aware that it may not be technologically possible to remove or verify each and every record of information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Data may exist in archived systems. However, promptly after receiving your request, all Personal Data stored in databases we actively use and other readily searchable media will be updated, corrected, changed, deleted or confirmed to you, as appropriate, as soon as reasonably practicable.

Links
The Site may contain links to other websites maintained by third parties ("Other Sites"), either as a hyperlink or through a direct data feed accessed by you. Newsmax does not endorse, and is not responsible for, the privacy practices or the content of these websites. You should review the applicable privacy policies in connection with your use of such third party websites.

Security Measures
Newsmax has established reasonable precautions to protect collected Personal Data from loss, misuse, unauthorized access, disclosure, alteration or destruction, which include contractual, administrative, physical, and technical steps. Technical measures include use of firewall protection and encryption technology where appropriate. Although Newsmax takes reasonable precautions to assess the reliability of such technology, it relies on the statements of the vendors of those products and services as part of its security evaluation. BY USING THE SITE, YOU ACKNOWLEDGE AND CONSENT TO THE FACT THAT NEWSMAX SHALL HAVE NO LIABILITY FOR FAILURES OF SUCH PRODUCTS AND SERVICES AND THAT YOU SHALL HAVE RECOURSE SOLELY AGAINST THE MANUFACTURERS OR VENDORS THEREOF. Please note that while Newsmax has endeavored to create a secure and reliable site for users, the confidentiality of any communication or material transmitted to/from Newsmax or the Sites or via e-mail cannot be guaranteed.

Contact Information for Newsmax

If you have any questions or concerns regarding this Privacy Policy, please contact: 800-485-4350.

Questions or concerns regarding Newsmax's data protection practices should be addressed to: customerservice@newsmax.com.

If you choose to contact Newsmax via e-mail about this policy, please mark the subject heading of your e-mail "Privacy Inquiry."

Newsmax Terms and Conditions of Service
January 8, 2013
Please note that our Newsmax Offerings (as defined below) are under constant development. New services are added frequently and these Terms and Conditions of Service may therefore be modified and updated on an ongoing basis. It is important to check back to this page regularly.
Newsmax Media, Inc. and its affiliates, if any (“Newsmax”) owns and operates newsmax.com, newsmaxhealth.com, moneynews.com, newsmaxworld.com and any affiliated sites (collectively, the “Sites”) as well as makes the same or similar content available via e-mail (“E-mail Content”) and to mobile users, including via apps available to users of Apple’s iPhone and iPad (“Mobile Content”). (Typically app purchases are also subject to the terms and conditions of the entity that operates the app store, which are accessible on that entity’s website.) The Sites, E-mail Content, Mobile Content, the Feeds (as defined below), subscription services offered by Newsmax (“Services”), and all related content and products thereto, are collectively referred to herein as “Newsmax Offerings.” These Terms and Conditions of Service (“Terms and Conditions”) contain the terms, covenants, conditions, and provisions upon which you (also sometimes referred to herein as “User”) may access and use the Newsmax Offerings, including (without limitation) the information displayed on the Sites. These Terms and Conditions are current as of the date above and, together with any Special Terms and Other Agreements (defined in Paragraph 20 below) and our Privacy Policy, comprise your agreement with us.

By using any part of the Newsmax Offerings, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. As a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with Newsmax. Paragraph 15 of these Terms and Conditions includes a provision binding you to arbitration of any dispute you may have with respect to your use of the Newsmax Offerings, pursuant to which you relinquish your right to bring an action in court and to a jury trial, although Newsmax retains the option to arbitrate or to bring an action in court. Specific reference is made to that provision, to which you agree by using any part of the Newsmax Offerings.
You also hereby acknowledge that you have read and understand the Privacy Policy and consent to the use of your Personal Data defined therein by Newsmax. If you do not wish to be bound by the provisions of these Terms and Conditions, please do not use any of the Newsmax Offerings.
FULL DISCLAIMER (Health-related content and affiliated medical sites): All information presented in THE NEWSMAX OFFERINGS and via e-mail and any online publication is generic, nonspecific and for general informational purposes only. Any medically-related information, including (without limitation) responses to individual and other reader questions, is not provided by a personal health professional, does not constitute specific medical advice for any individual and is for informational purposes only. No information presented in THE Newsmax OFFERINGS should be construed as medical consultation, diagnoses or instruction. Any action you take on the basis of this INFORMATION is solely at your own risk and expense. Readers are advised to consult a health professional about any issue regarding their health and well-being. The opinions expressed in the Newsmax Offerings do not necessarily reflect those of Newsmax Media, Inc.
 
FULL DISCLAIMER (Financial-related content and affiliated sites): THE NEWSMAX OFFERINGS AND ANY REPORT OR PUBLICATION DISCUSSED THEREIN ARE INTENDED SOLELY FOR INFORMATIONAL PURPOSES AND ARE NOT TO BE CONSTRUED, UNDER ANY CIRCUMSTANCES, BY IMPLICATION OR OTHERWISE, AS AN OFFER TO SELL OR A SOLICITATION TO BUY OR SELL OR TRADE IN ANY COMMODITIES, SECURITIES, OR CURRENCIES HEREIN NAMED. INFORMATION IS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT IS IN NO WAY GUARANTEED. NO GUARANTEE OF ANY KIND IS IMPLIED OR POSSIBLE WHERE PROJECTIONS OF FUTURE CONDITIONS ARE ATTEMPTED. IN NO EVENT SHOULD THE CONTENT BE CONSTRUED AS AN EXPRESS OR IMPLIED PROMISE, GUARANTEE OR IMPLICATION BY OR FROM THE SERVICES, NEWSMAX OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER AGENTS THAT YOU WILL PROFIT OR THAT LOSSES CAN OR WILL BE LIMITED IN ANY MANNER WHATSOEVER. SOME RECOMMENDED TRADES MAY INVOLVE SECURITIES HELD BY OUR OFFICERS, AFFILIATES, EDITORS, WRITERS OR EMPLOYEES, AND INVESTMENT DECISIONS MAY BE INCONSISTENT WITH OR EVEN CONTRADICTORY TO THE DISCUSSION OR RECOMMENDATION IN THE SERVICE. PAST RESULTS ARE NO INDICATION OF FUTURE PERFORMANCE. ALL INVESTMENTS ARE SUBJECT TO RISK, WHICH SHOULD BE CONSIDERED PRIOR TO MAKING ANY INVESTMENT DECISIONS. CONSULT YOUR PERSONAL INVESTMENT ADVISERS BEFORE MAKING AN INVESTMENT DECISION. THE NEWSMAX OFFERINGS PROVIDE GENERALIZED FINANCIAL INFORMATION DESIGNED TO EDUCATE A BROAD SEGMENT OF THE PUBLIC; IT DOES NOT GIVE PERSONALIZED INVESTMENT, TAX, LEGAL OR OTHER BUSINESS AND PROFESSIONAL ADVICE. FOR PRIVACY PROTECTION, ABBREVIATED OR FICTITIOUS NAMES WERE USED FOR SOME OF THE INDIVIDUALS MENTIONED IN THE NEWSMAX OFFERINGS AND ANY REPORT OR PUBLICATION. The opinions expressed in the Newsmax Offerings do not necessarily reflect those of Newsmax Media, Inc.
Terms and Conditions
1. Grant of License. These Terms and Conditions provide you with a personal, revocable, non-exclusive, non-transferable license to use the Newsmax Offerings conditioned on your continued compliance with these Terms and Conditions.
In the event that you fail to comply with these Terms and Conditions, Newsmax shall be entitled to terminate this license granted to you with immediate effect and without notice, including removing your ability to access or use the Newsmax Offerings or Other Agreement you may have. Newsmax reserves the right, at any time and in its sole discretion, (a) to block traffic or other access to the Newsmax Offerings, whether or not directly or through third party links or postings and (b) to block or remove your use of a link to the Newsmax Offerings.
Except as set forth herein, nothing in these Terms and Conditions is intended to confer any benefit on any third party (whether such benefit would have arisen under any applicable law or regulation or otherwise) and no term will be enforceable by any third party.
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(a) The Newsmax Offerings, including their layout and design, are protected by United States trademark and copyright law and other applicable law and are the exclusive property of Newsmax or its licensors (except as otherwise identified) and, except as expressly provided herein, Newsmax does not grant any express or implied right in any such materials to you. In particular and without limitation, Newsmax owns the copyright in the Newsmax Offerings as a collective work and/or compilation. Newsmax also owns the copyright on, or holds a license for, any and all databases accessible on the Newsmax Offerings and in the selection, coordination, arrangement, aggregation and enhancement of the content of the Newsmax Offerings. Newsmax is entitled to use all such databases, Submissions (as defined in Paragraph 11, below) and User-Generated Content (as defined in Paragraph 11, below) for such purposes not inconsistent with these Terms and Conditions or any other of our agreements with you. You may, on an occasional and irregular basis, print and download materials and information from the Newsmax Offerings solely for personal and non-commercial use, or, only to the extent permitted by an Other Agreement, for internal business use, provided that you comply with these Terms and Conditions with respect to any copyright or other proprietary notices contained in such materials and information. All copyrights and trademarks not the property of Newsmax that are used or referred to in the Newsmax Offerings are the property of their respective owners, and may be subject to other or additional restrictions.
(b) If you believe that any of the Newsmax Offerings is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described on Newsmax’s Contact Information page.
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(d) The components, data, and features of the Newsmax Offerings may be added to, modified, suspended, or discontinued by Newsmax without notice, and you agree that Newsmax shall not be liable to you or to any third party for any addition, modification, suspension, or discontinuance of the Newsmax Offerings or any part thereof.
3. Restrictions on Use of the Newsmax Offerings. YOU AGREE TO USE THE NEWSMAX OFFERINGS SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH IN THE NEWSMAX OFFERINGS. You may not and you hereby warrant and agree that you will not make any attempt to or, actually, use the Newsmax Offerings for any illegal purpose or in any manner inconsistent with these Terms and Conditions, any Purchase/Subscription Agreement or Other Agreement, or our RSS Policy (for the limited use of headlines and summaries), including (without limitation):
(a) To sell, resell or otherwise transfer or dispose to, or to be used by or for the benefit of, any other person or entity;
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(c) To modify, create derivatives of, copy, reproduce, recompile, reverse compile, decompile, disassemble, reverse engineer, distribute, broadcast, publish, display, broadcast, modify, upload to, create derivative works or construct a database from, license, transfer, sell, transmit, mirror, frame, “deep link”, “scrape”, data mine, translate, or in any way use or exploit all or any part of the Newsmax Offerings (including, without limitation, to collect any information about other users of Newsmax Offerings, including registration information, passwords, accounts or other information; systematically to extract data contained in the Newsmax Offerings; or to post any content from the Newsmax Offerings to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites), except that you may, on an occasional and irregular basis, print and download material from the Newsmax Offerings, provided that you retain all copyright and other proprietary notices and comply in all respects with these Terms and Conditions or our RSS Policy;
(d) To use the Newsmax Offerings or the information contained therein, including Newsmax’s trademarks, trade names, service marks, copyrights, or logos, to make or as part of unsolicited mailings or spam material. YOU MAY NOT USE ANY OF NEWSMAX’S OR ANY THIRD PARTY’S TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH NEWSMAX’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF SUCH ITEMS;
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(i) To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(j) To express or imply that any statements you make are endorsed by us;
 
 (k) To remove any copyright, trademark or other proprietary rights notices contained in the Newsmax Offerings;

(l) To disrupt, impair or interfere with the Newsmax Offerings; and

(m) To improve the quality of any data sold or contributed by you to any third party.
   
Newsmax reserves the right to deny access to users of the Newsmax Offerings at any time and in its sole discretion, including users who repeatedly infringe the rights of other users or commit illegal acts or violate these Terms and Conditions. We may investigate into, deny, restrict or suspend your access to all or any part of the Newsmax Offerings at any time, without warning for any or no reason (including, without limitation, if you do any of the foregoing things), with or without prior notice or explanation, and without liability – and even take legal action if needed. If you believe that someone is using any of the Newsmax Offerings in violation of the above restrictions, please follow the steps described on Newsmax’s Contact Information page.
4. Privacy Policy. For information on our privacy practices, please see our Privacy Policy, which is hereby incorporated into these Terms and Conditions.
 
5. RSS Policy. Newsmax offers free headlines for personal, non-commercial use via Really Simple Syndication (RSS 2.0) (“RSS”) and via code provided to third party sites that request to join the Newsmax Feed Network (collectively with RSS, the “Feeds”). The Feeds make for easy sharing of news headlines and summaries for use in your favorite personal home page, news readers and Web logs (blogs). These Feeds include links to the most recent articles found on Newsmax.com and affiliated websites, and they update automatically.
(a) To use our news feeds, you will need a RSS news reader or personalized home page such as AOL, Google, MSN, or Yahoo!. You can find a list of news readers here.
(b) When using the Feeds in accordance with these Terms and Conditions, we ask that you provide attribution to Newsmax.com or the relevant affiliated website.
(c) Any uses of the Feeds not granted herein are strictly prohibited. Prohibited uses include, but are not limited to, the incorporation of advertising or the placement of advertising associated with or targeted at the content of the Feeds. You may not edit or modify the Feeds in any manner whatsoever. Feeds may be used only with platforms with a functional link which takes the viewer directly to the full article on the Sites. You may not insert any intermediate page, splash page or any other content between the Feed link and the applicable article on the Sites. Newsmax retains all ownership and other rights in the Feed content and in any and all Newsmax logos and trademarks used in connection with the Feeds.
Newsmax reserves the right to cease offering any or all of the Feeds at any time or to require you to cease distributing any or all of the Feeds at any time for any reason. Newsmax assumes no liability for your activities in connection with the Feeds or for your use of the Feeds in connection with your website.

6. Assumption of Risk. You use the Internet and the Newsmax Offerings solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Newsmax has endeavored to create secure and reliable websites, please be advised that the confidentiality of any communication or material transmitted to/from a website over the Internet cannot be guaranteed. Accordingly, Newsmax and its licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained in the Newsmax Offerings, or for the consequences of any reliance on such information.

7. Links to Other Websites. Newsmax may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by Newsmax and are maintained by third parties over which Newsmax exercises no control. Accordingly, Newsmax expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third party websites, or whether those websites comply with applicable laws and regulations. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party. By accessing those websites, you may be bound by their terms and conditions. You will need to make your own independent judgment regarding your interaction with these third party websites and may wish to review their terms and conditions.
 
8. Events Beyond Newsmax’s Control. You expressly absolve and release Newsmax and its licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, power outages or third party service providers, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions. Newsmax and its licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. YOU ACKNOWLEDGE THAT NEITHER NEWSMAX NOR ITS THIRD PARTY PROVIDERS CONTROL YOUR EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES PROVIDED HEREUNDER MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES, INCLUDING SEARCH ENGINES. NEWSMAX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DATA LOSS, CONTENT CORRUPTION, PACKET LOSS, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
9. DISCLAIMERS. Newsmax obtains all information furnished on or provided by the Newsmax Offerings from sources believed by it to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, the Newsmax Offerings and all related materials, services and information are provided on an “as is” and “as available” basis without representation or warranty of any kind. NEWSMAX AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE NEWSMAX OFFERINGS OR ANY RELATED MATERIALS, SERVICES OR INFORMATION. Newsmax makes no representation that materials in the Newsmax Offerings are appropriate or available for use in any particular location, and access to them from territories where any of the contents of a website are illegal is prohibited. If you choose to access any of the Newsmax Offerings from any such location, you do so on your own volition and are responsible for compliance with any applicable local laws. You agree and acknowledge that no oral or written information or advice given by Newsmax or any of its employees or agents in respect to the Newsmax Offerings shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms and Conditions by a written agreement. FURTHER, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR PROVIDED BY THE NEWSMAX OFFERINGS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE NEWSMAX OFFERINGS ARE UNAVAILABLE. MOREOVER, NEWSMAX MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE NEWSMAX OFFERINGS, OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE NEWSMAX OFFERINGS AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE IN THE NEWSMAX OFFERINGS.

UNDER NO CIRCUMSTANCES WILL NEWSMAX OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF NEWSMAX OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, NEWSMAX AND ITS LICENSORS AND SUPPLIERS DISCLAIM LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGES BASED ON YOUR USE OF THE NEWSMAX OFFERINGS. Newsmax is not liable for any damage arising from any infection by computer viruses, Trojan Horses and other malicious code which may result from your use of the Newsmax Offerings, so you should ensure that you use adequate, up to date, anti-virus software. Newsmax also assumes no responsibility or liability arising from the Newsmax Offerings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Newsmax Offerings. In addition, although we make a good faith effort to update the Newsmax Offerings periodically, we do not have a duty to update information contained in the Newsmax Offerings, and we will not be liable for any failure to update such information.
10. Indemnity. You agree to indemnify, defend and hold harmless Newsmax, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of the Newsmax Offerings or any breach by you of these Terms and Conditions.
11. User Materials. Newsmax recognizes that you may choose to contact Newsmax and to use the Newsmax Offerings to contact Newsmax or other Newsmax Offerings users. You hereby acknowledge and agree that the following shall govern your contact of and communications with Newsmax, including your use of the Newsmax Offerings in that way:
(a) For the purposes hereof, (i) “Submissions” shall include any ideas, suggestions, information, know-how, material, or any other content, however received for the Newsmax Offerings from you, whether or not sent privately or by electronic transmission; and (ii) “User-Generated Content” shall include whatever you submit, send, transmit or post (collectively, “post”) if you have registered on any of the Newsmax Offerings using secure passwords in order to make any such post; and (iii) all of such “Submissions” and “User-Generated Content,” as individual items (or any part thereof) and collectively (including in any combination), including with other users’ materials, shall be deemed “User Materials” for purposes hereof;

(b) With respect to all User Materials, (i) you will be deemed to provide a worldwide, paid-up, royalty-free, perpetual, irrevocable, nonexclusive right and license, including right of sublicense, for Newsmax, without limitation, to adopt, publish, reproduce, disseminate, transmit, distribute, perform, reformat, copy, use, create updates, analyses or other derivative works of, publicly display or broadcast (in whole or part), or act on such User Materials and all ideas, suggestions or know-how provided therein, for any purpose, without consideration, in any form, media, or technology now known or later developed, and (ii) with respect to all of the foregoing, you hereby waive any right to attribution or droit morale;

(c) Newsmax shall not be liable for any failure to store or display User Materials at any time;

(d) All User Materials you send or post will be accessible by Newsmax, you, and any other users who are entitled to similar privileges; that Newsmax does not pre-screen User Materials; that by accessing or using the Newsmax Offerings, you may be exposed to User Materials sent or posted by others that you may perceive as offensive or otherwise objectionable; and that no User Materials you send or post will contain (i) anything unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable, or (ii) any commercial, promotional, or solicitation information;

(e) With respect to all User Materials you send or post on any of the Newsmax Offerings: you are solely responsible; you assume all risks associated with its use, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information contained therein that makes you personally identifiable; and you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to that User Materials, including all the rights necessary for you to license, sublicense, and send or post any such User Materials;

(f) Notwithstanding anything contained herein to the contrary, Newsmax does not and cannot review User Materials and is not responsible for the content of User Materials; provided that, notwithstanding the foregoing, Newsmax may, but is not required to, accept, display or use any or any part of the User Materials; may remove any User Materials from the Newsmax Offerings for any reason without notice in its sole discretion; and shall not be liable for any failure to store or display User Materials at any time;

(g) You acknowledge and agree that you will receive no compensation for any use (including for online or offline promotional purposes) by Newsmax of, or ideas, suggestions or know-how you provide in, your User Materials, and hereunder grant us full right to use, display and publish all of the foregoing, consistent with the terms hereof; and

(h) If you believe that any User Material is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described on Newsmax’s Contact Information page.
12. Subscription Fees; Refund Policies. You agree to pay the subscription fees and any other charges incurred for a Service (including any applicable taxes) at the rate in effect when the charges were incurred. Newsmax may change the fees and charges then in effect, or add new fees or charges, by giving you advance notice. You are responsible for any fee or charges incurred to access a Service through an Internet access provider or other third-party service.  Each subscription fee falls into one of the following categories:
(a) Paid: A paid subscription is when a person pays in full at the time of registration for a certain term (usually twelve (12) months). When a subscriber pays in full, he or she has the right to cancel at any time during the first ninety (90) days of the subscription for a full refund (unless longer terms are granted on the order page). After the first ninety (90) days of the subscription, subscribers may cancel his or her subscription at any time for a prorated refund of the unused term.
(b) Trial with a Premium Product: From time to time, Newsmax will offer a premium item (e.g., a free book, excluding applicable tax, shipping and handling charges) with a trial subscription to a Service.

(c) Bonus Trial: From time to time, Newsmax will give a bonus trial subscription to subscribers when they purchase a product or paid subscription. The subscriber may cancel the bonus subscription at any time.
13. Renewal; Cancellation. Your subscription will renew automatically unless it is cancelled in accordance with Newsmax’s policies. Thirty days before the end of your subscription and each subsequent renewal term thereafter, you will receive a notification that your subscription is ending. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term. Newsmax may cancel your subscription or alter its delivery method at any time by notifying you, in which case you will have a right to a prorated refund of the unused term. You may cancel your subscription via the following means:
(a) Phone: (800) 485-4350

(b) Fax: (561) 494-0922

(c) Email: customersevice@newsmax.com

(d) Website: www.moneynews.com/contact (financial publications) www.newsmax.com/contact (health publications)

(e) Mail: Newsmax Media, P.O. Box 20989, West Palm Beach, FL 33416

(f) Renewal Notice: Send back your subscription renewal notice and mark "cancel"
 
14. Governing Law; Jurisdiction; Venue. Except as provided in Paragraph 15, these Terms and Conditions, including (without limitation) any disputes relating to the Newsmax Offerings, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of Florida, without reference to its conflict of law principles. Any litigation arising out of or connected in any way with any claim of infringement of copyrights or other intellectual property rights regarding the Newsmax Offerings shall take place in a State or Federal court of competent jurisdiction in Palm Beach County, Florida. You hereby consent to personal jurisdiction and venue in the State and Federal courts located in the State of Florida, Palm Beach County, with respect to any actions, claims, disputes or proceedings arising out of or in connection with the foregoing.
15. Dispute Resolution. Except as provided in Paragraph 14 or as specifically provided otherwise in any Other Agreement, any dispute, controversy or claim you may have arising out of or relating to these Terms and Conditions, including any disputes relating to the Newsmax Offerings, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be West Palm Beach, Fla. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrator determines. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in the State of Florida for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Newsmax may seek relief from a court of law in the event of a breach by you of these Terms and Conditions.
16. Term, Termination, Amendments. These Terms and Conditions will take effect when you first commence using any of the Newsmax Offerings, whether or not you enter into any Other Agreement. Newsmax reserves the right at any time and for any reason to deny you access to the Newsmax Offerings or any portion thereof. Termination will be effective without notice. Please note that Newsmax reserves the right to change these Terms and Conditions without notice. If a change is implemented by a posting on the Newsmax Offerings, it shall be deemed to take effect when posted. Your continued use of the Newsmax Offerings following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
17. Waiver. Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Newsmax of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
18. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Newsmax as a result of these Terms and Conditions or your utilization of the Newsmax Offerings.
19. Severability. If any provision of these Terms and Conditions is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.
20. Entire Agreement/Reservation of Rights. Your rights to use certain material available on or through the Newsmax Offerings may be subject to separate digital or written agreements with Newsmax (“Other Agreements”). Particular pages or features of the Newsmax Offerings with content supplied by Newsmax or its licensors may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms.
If there is a conflict between these Terms and Conditions and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms and Conditions and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. Along with any Special Terms and Other Agreements, these Terms and Conditions, and Newsmax’s Privacy Policy and RSS Policy represent the entire agreement between you and Newsmax with respect to your use of and material available on or through the Newsmax Offerings, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Newsmax with respect to the Newsmax Offerings. Any rights not expressly granted herein are reserved.
 
21. Contact Information. If you would like to contact Newsmax, you can reach us at:
 
(a) terms@newsmax.com. If you choose to contact Newsmax via e-mail regarding these Terms and Conditions, the Privacy Policy, or Other Agreement, please mark the subject heading of your e-mail “User Agreement Inquiry,” “Privacy Inquiry” or “Purchaser/Subscriber Inquiry,” respectively; and

(b) copyright@newsmax.com, if you would like to contact Newsmax’s copyright agent.