Revised: March 13, 2018 

 

PLEASE READ THESE TERMS OF USE CAREFULLY. DOWNLOADING, INSTALLING, ACCESSING OR USING THIS NEWHALL PRESS ROOM MOBILE APPLICATION (THE “APPLICATION”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY NEWHALL PRESS ROOM FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND 3 GUYS ON A COUCH, INC (D/B/A NEWHALL PRESS ROOM) GOVERNING THE USE OF THE APPLICATION. IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY. THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO USER. 

 

These terms include an Arbitration provision that governs any disputes between you and us. Unless you opt out, as described below, this provision will: 
• Eliminate your right to a trial by jury; and 
• Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings. 
You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms within the Application or by posting revisions on the NEWHALL PRESS ROOM Website. 

Eligibility

 

The Application is not targeted towards, nor intended for use by, anyone under the age of 21. A USER MUST BE AT LEAST AGE 21 TO ACCESS AND USE THE APPLICATION. User represents and warrants that (a) he/she is not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) he/she is not listed on any U.S. government list of prohibited or restricted parties.

In order to use certain functions of our Application, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful , current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify the Newhall Press Room if you discover or otherwise suspect any security breaches relating to the Application; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

 

Privacy

Please read the Privacy Policy carefully to understand how Newhall Press Room collects, uses and discloses personally identifiable information from its users. By downloading, installing, accessing or using the Application, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

Apple Terms and Conditions; Newhall Press Room Policies

These Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) other Newhall Press Room policies, including Newhall Press Club, posted at www.newhallpressroom.com (“Newhall Press Room Website”). If any of the provisions of the Apple Terms and Conditions conflict with these Terms, the Apple Terms and Conditions will control, solely to the extent such terms apply to the Application. Newhall Press Room, not Apple, is solely responsible for the Application and the content thereof.

Newhall Press Room Cards; Newhall Press Room Loyalty™ Program

Newhall Press Room may allow you to purchase Newhall Press Room stored value cards (“Newhall Press Room Cards”) or register for its Newhall Press Club (“Loyalty Program”) program through the Application. Please refer to the Newhall Press Room Card Terms & Conditions for more information about the terms, conditions and policies that apply to your purchase and use of Newhall Press Room Cards; and to the Newhall Press Room Loyalty Terms of Use for more information about the terms, conditions and policies that apply to your registration and use of the Newhall Press Room Loyalty program. 

 

Mobile Payment

Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User to use a Device to purchase Newhall Press Room products in the same manner as is possible with a Newhall Press Room Card (“Mobile Payment”). Mobile Payment is accepted at all company operated Newhall Press Room retail locations. Newhall Press Room reserves the right at any time to discontinue Mobile Payment or change the location of stores accepting Mobile Payment.

Email Communications, Push Notifications, and In-App Messages

If a User signs up for a Newhall Press Room account using the Application, the User is, by default, opted in to receive promotional email communications from Newhall Press Room (“Email Communications”). The User may, at the time of sign up, opt out of receiving Email Communications from Newhall Press Room. Thereafter, the User may opt out of receiving Email Communications by adjusting the User’s profile settings in the User’s Newhall Press Room account via www.Newhall Press Room.com. 

 

Similarly, upon download of this Application, the User is provided the option to opt in to receive push notifications from Newhall Press Room on his or her Device. This may include promotional communications, offers, and system messages pushed to the Device or within the Application mailbox (“Push Notifications”). The User may, at any time following download of this Application, opt out of receiving Push Notifications by type by adjusting the “Newhall Press Room Notifications” switch within the Application settings to “off”, or within the Device’s settings application under “Notifications” to completely opt out of Push Notifications. Opting out of Push Notifications will not affect User settings with respect to Email Communications.

Finally, by using this Application, in-app messages will automatically be displayed to the User via the Application’s display tiles and/or sent to the User via the Application’s inbox, including promotional communications and offers. If the User does not wish to see or receive such messages, the User must cease use of the Application. 

 

Copyright, Trademarks, and User License

Unless otherwise indicated, the Application and all content and other materials therein, including, without limitation, the Newhall Press Room logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Application Materials”) are the property of Newhall Press Room or its licensors or users and are protected by U.S. and international copyright laws. Newhall Press Room, the Newhall Press Room logo, and other Newhall Press Room trademarks, service marks, graphics, and logos used in connection with the Application are trade names, trademarks or registered trademarks of Newhall Press Room Corporation (collectively “Newhall Press Room Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks or registered trademarks of their respective owners (collectively “Third Party Marks”). The Newhall Press Room Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Newhall Press Room or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Newhall Press Room or the owner of the Content. All rights not expressly granted are reserved.

Subject to these Terms, Newhall Press Room grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Application for personal use only in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith These Terms and User License also govern any updates to, or supplements or replacements for, the Application, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

 

Acceptable Use

User’s use of the Application, any Content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers), information related to a Newhall Press Room Card, employer name, or GPS location (“User Information”) transmitted in connection with the Application is limited to the contemplated functionality of the Application. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Newhall Press Room, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Newhall Press Room or Content that is not authorized by Newhall Press Room; (f) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Newhall Press Room or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Newhall Press Room’ computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Newhall Press Room’ servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively “Acceptable Use”). Newhall Press Room reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Mobile Payment, MOP, or Voice Ordering, remove Content, or assert legal action with respect to Content or use of the Application, including Mobile Payment, MOP, or Voice Ordering, that Newhall Press Room reasonably believes is or might be in violation of these Terms, Apple Terms, or Newhall Press Room policies including the Newhall Press Room Card Terms and Conditions Newhall Press Room’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. Newhall Press Room requests that Users not use the Application, including that they not place orders through MOP, while driving.

 

Indemnification

The User agrees to defend, indemnify, and hold harmless Newhall Press Room, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors (“Newhall Press Room Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims”) that arise from or relate to the User’s use or misuse of the Application (including Mobile Payment, MOP or Voice Ordering), violation of these Terms, or violation of any rights of a third party. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a Newhall Press Room Indemnitee’s sole negligence. Newhall Press Room reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third-party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, Newhall Press Room, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

 

Warranties; Disclaimers

NEWHALL PRESS ROOM IS PROVIDING THE APPLICATION TO THE USER “AS IS” AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, NEWHALL PRESS ROOM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, THAT USER INFORMATION OR ORDERS TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF MOBILE PAYMENT) WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED, THAT ORDERS WILL BE AS PLACED OR READY AT THE SUGGESTED TIME, OR THAT ANY PARTICULAR ITEM ORDERED WILL BE AVAILABLE. THE MATERIALS AND INFORMATION IN THE APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY.

 

In the event of any failure of the Application to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Application to the User and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Newhall Press Room’s sole responsibility. Additionally, Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Newhall Press Room, not Apple, is responsible for addressing any claims of the User or any third party relating to this Application or User’s possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

No Liability

SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW, IN NO EVENT SHALL NEWHALL PRESS ROOM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION PARTICIPATION IN MOBILE PAYMENT, MOP, OR VOICE ORDERING, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APPLICATION, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NEWHALL PRESS ROOM' RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION IN MOBILE PAYMENT, MOP, OR VOICE ORDERING.

IF YOU RESIDE IN A JURISDICTION OTHER THAN NEW JERSEY, YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

Third Party Content, Applications, Products and Services (including Advertising and Promotions)

Newhall Press Room may provide third party content in the Application (including embedded content) or links to third party content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Newhall Press Room of any application or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Newhall Press Room is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk. When you use other applications via Third-Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third-party applications will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any application to which you navigate from our Application. You must comply with any applicable third-party terms when using the Application.

 

Modifications to the Application

Newhall Press Room reserves the right to modify or discontinue, temporarily or permanently, the Application or any features or portions thereof without prior notice. You agree that Newhall Press Room will not be liable for any modification, suspension or discontinuance of the Application or any part thereof.

 

Arbitration

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms, your use of the Application, and your relationship with us. Any dispute or claim arising out of or relating to these Terms or use of the Application and your relationship with Newhall Press Room or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court. 

Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you downloaded, installed, accessed or used the Application (the "Opt Out Deadline") after these Terms have gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Newhall Press Room Law & Corporate Affairs, Newhall Press Room Corporation, 24257 Main St Newhall CA 91321. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. 

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

 

Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Newhall Press Room will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. 

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

 

Governing Law and Jurisdiction

These Terms and use of the Application are governed by the laws of the state of California, United States of America, without regard to California’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration agreement is ever deemed unenforceable or void, the User irrevocably consents to the exclusive jurisdiction of the federal and state courts in Los Angeles County, California, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.

 

Third Party Beneficiary

Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third-party beneficiary thereof.

 

Termination

Notwithstanding any of these Terms, Newhall Press Room reserves the right, without notice and in its sole discretion, to terminate your license to use the Application and to block or prevent your future access to and use of the Application. Newhall Press Room’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

 

Changes

Newhall Press Room reserves the right to change or modify these Terms or any other Newhall Press Room policies related to use of the Application at any time and at its sole discretion by changing these Terms within the Application or by posting revisions on the Newhall Press Room Website. Continued use of the Application following such changes or modifications to the Terms or other Newhall Press Room policies will constitute acceptance of such changes or modifications.

 

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Application is Newhall Press Room Corporation, 24257 Main Ste Newhall CA 91321. To file a complaint regarding the Application or to receive further information regarding use of the Application, send a letter to the above address or contact Newhall Press Room via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210. 

 

Contact

Any questions, complaints, or claims regarding the Application should be directed to:
Newhall Press Room
Customer Care (info@Newhall Press Room.com) 
24257 Main St

Newhall CA 91321

Phone: 661-753-3454