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Effective Date: December 9, 2024
The following terms and conditions (the “Terms of Service”, “Terms”, or the “Agreement”) constitute an agreement between you and New Dawn Limited and its affiliates (collectively, “New Dawn,” “we,” or “us”), the operator of www.newdawn.health and related websites, applications, services and mobile applications, and all associated services (collectively, the “Services”) provided by New Dawn and on/in which these Terms of Service are posted or referenced. For the purposes of these Terms of Service, the “Services” include, without limitation, scheduling pages maintained by New Dawn on behalf of third parties, appointment scheduling technology integrated into third party websites, and communication services for the purposes of scheduling appointments or general consultations.
By accessing our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Services.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST NEW DAWN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
New Dawn’s collection and use of Personal Data in connection with the Services is described in New Dawn’s Privacy Policy (“Personal Data” as defined therein).
In addition, when using or receiving the Services, you will be subject to any additional terms applicable to such Services that may require you to agree to additional terms specific to those Services, which terms will be presented to you prior to your use of those Services. All such terms are hereby incorporated by reference into these Terms of Service.
Subject to these Terms of Service, New Dawn grants you a limited, non-exclusive, revocable, sub-licensable, non-transferable license to use the Services in accordance with these Terms of Service. The Services allow users to (a) coordinate health and wellness appointments with third-party doctor, dentist, hospitals, other healthcare specialist, professional, provider, organization, wellness centers, massage providers, or agent or affiliate thereof (collectively, “Providers”), and (b) receive other products or services. For example, the Services may include administrative support in connection with scheduling, communications, and payment for services you receive from a Provider.
The results of the services provided by Providers: The results of your completed Health and Wellness services or other products will be automatically shared with New Dawn by the Providers. You may or may not be able to view the results of your completed products or services on the Site or the Mobile App.
By using our Services, you assume full responsibility for your use of the Services and agree that we are not responsible or liable for any claim, loss, or damage arising from use of the Services.
Portions of the Services can be viewed without a New Dawn Account. However, to benefit from all of the Services we offer, you may be asked to create an account (a “New Dawn Account”). If you do provide us with any information, you authorize New Dawn to use and disclose it as described in our Privacy Policy.
While utilizing the Services, you may encounter certain Content that New Dawn makes available to you. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials provided, made available or otherwise found through the Services, including, without limitation, Content provided in direct response to your questions or postings. You acknowledge that such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but instead is provided to assist you in choosing a Provider or otherwise to be generally informative.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED IN CONTENT AND/OR ACCESSIBLE THROUGH THE SERVICES.
Modifications to Services: New Dawn reserves the right to suspend, limit, condition modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that New Dawn will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
New Dawn does not provide Medical Advice; New Dawn is not a healthcare provider. The Content that you obtain or receive from New Dawn, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via New Dawn Blog, New Dawn Blog, New Dawn social channel, New Dawn emails, text messages, and conversations is for informational and communicative purposes only.
The Services is not intended or implied to be a substitute for professional medical diagnosis or treatment. You are encouraged to confirm any information or advice obtained from or through the Services with other sources, and review all information and advice regarding any medical condition or treatment with your primary care physician or other health care professional. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICES.
IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
No doctor patient relationship. NO HEALTH CARE PROVIDER/PATIENT RELATIONSHIP IS CREATED BETWEEN NEW DAWN AND AN INDIVIDUAL WHEN AN INDIVIDUAL USES CERTAIN SERVICES OR CONTENT. .
THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY COMMUNICATIONS FROM NEW DAWN INCLUDING, WITHOUT LIMITATION, SEARCH, REVIEW, CONTENT, EMAIL, TEXT, CONVERSATION, SOCIAL CHANNELS, LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE PROVIDER IN ANY FIELD.
Provider Relationship and Provider Lists. In connection with using the Services to schedule appointments with Providers, you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
New Dawn or its designee takes certain limited steps to (a) verify that Providers participating in the Services hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Services, and (b) exclude Providers from our Services who, in New Dawn discretion, have engaged in inappropriate or unprofessional conduct (including, but not limited to, conduct in violation of our standards.
While all qualified providers are eligible to be offered through our Services, New Dawn’s lists of Providers are not exhaustive. Providers may also choose to set a maximum amount that they want to spend on new bookings received through New Dawn. This means that regardless of whether they participate in the Services, Providers may have additional availability beyond what’s listed through the Services if you contact them directly. Providers listed through the Services may enter into contracts with us, and may pay us fees in order to be marketed through or to use the Services. If you book an appointment with a Provider through the Services, New Dawn may receive a commission.
To help you find Providers who may be suitable for your needs, and enable the maximum choice and diversity of Providers participating in the Services, we will provide you with lists and/or profiles of Providers. Any search results are based on information that you provide to us, such as preference information, geographical location, and healthcare specialty and/or services they provide. They may also be partially based on other criteria (including, for example, Provider availability, past selections by and/or ratings of Providers by you or by other New Dawn users, and past experiences of New Dawn users with Providers). Please note that there may be other Providers who meet your search criteria but are not available through New Dawn.
New Dawn (a) does not employ, refer, recommend, or endorse any Providers, (b) does not make any representations or warranties with respect to these Providers or the quality of the services they may provide, (c) is not responsible for ensuring that information (including credentials) of a Provider is accurate or up-to-date, (d) is not responsible for making sure that Providers’ services are actually provided or are up to a certain standard of quality, and (e) does not receive any additional fees from Providers for featuring them (i.e., higher or better placement on lists) through the Services. We don’t control the actions of any Providers and Providers are not our employees.
NEW DAWN IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MEDICAL OR HEALTH PROCEDURE, ADVICE, ANALYSIS OR INFORMATION THAT IS PURCHASED OR ACCESSED THROUGH THE SERVICES THAT IS PROVIDED BY A THIRD PARTY.
The Services and Content are Informational and Educational Resources: Except for communications related to your specific health and wellness that you receive from the Providers, THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR PROVIDER OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTH CARE DECISIONS.
We may, but have no obligation to, publish Content through the Services that is reviewed by our editorial personnel. No party (including New Dawn) involved in the preparation or publication of such works guarantees that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.
Provider Content: Content related to Providers and their practices is intended for general reference purposes only. Provider Content may be provided by the Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Provider. While we make efforts to confirm Provider Content and keep it up to date, it can change frequently and may become out of date, incomplete or inaccurate at any time. New Dawn does not provide any advice or certification regarding the qualifications of any particular Healthcare Provider.
Procedures/Products/Services: Procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Artificial Intelligence Content: We may make available through the Services certain features or content powered by artificial intelligence. We make no representations or warranties whatsoever regarding the Artificial Intelligence Content, which are provided “AS IS” and should be used at your own risk. You should evaluate the accuracy of any information as appropriate for your use case. The Artificial Intelligence content may provide incomplete, incorrect, or offensive information that does not represent our views. If any information from an Artificial Intelligence references any third party products or services, it doesn’t mean the third party endorses or is affiliated with us. Under no circumstances will we be liable in any way for the Artificial Intelligence Content, including, but not limited to, infringement of intellectual property rights, for any errors or omissions, or for any loss or damage of any kind incurred as a result of your interaction with the Artificial Intelligence Content.
No Insurance Accepted; Notice of Your Financial Responsibility. New Dawn and the Providers do not accept commercial health insurance plans, unless otherwise specified. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan You are solely responsible for the costs of any services or products provided to you.
You acknowledge that by providing your mobile device number, you agree to receive automated text messages from New Dawn about your account and the Services, as described in the Terms.
When creating your account, you represent and warrant that you will provide accurate and complete information. You are expected to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, even if due to misuse or any unauthorized access. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You also agree to ensure that you logout from your account at the end of each session. You agree to immediately notify New Dawn of any unauthorized use of your password or account or any other breach of security. New Dawn will not be liable for any loss or damage arising from your failure to comply with this Section.
You may elect to enter certain medical information into the Services, including by requesting an appointment or filling out a general medical history form that is not required or provided by a Provider (“Medical History Form”) on behalf of yourself or a third party from whom you have authorization to provide such information. You can request (and in doing so, authorize) New Dawn to provide this information to your chosen Provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that New Dawn may use the data or information you provide in a Medical History Form in accordance with our Privacy Policy.
If there is a dispute between participants on this site or Services, or between users and any third party (including but not limited to Providers), you agree that New Dawn is under no obligation to become involved. In the event that you have a dispute with one or more other users or Providers, you release New Dawn, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Service Content, Software and Trademarks: You acknowledge and agree that the Services or Site may contain or feature content or information, including articles and other works (“Service Content”), that are protected by copyright, patent, trademark, trade secret or other proprietary rights and Laws. The Content is protected by intellectual property Laws. Unauthorized use of the Service Content may result in violation of copyright, trademark, and other Laws. You have no rights in or to the Service Content, and you will not use, copy or display the Service Content, including but not limited to use of framing or mirrors, except as permitted under these Terms of Service. No other use is permitted without our prior written consent, and any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. You may not sell, transfer, assign, license, sublicense, or modify the Service Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services Content in any way for any public or commercial purpose (except that the foregoing does not apply to your own User Content (as defined below) that you legally share).
New Dawn name and logos are trademarks and service marks of New Dawn (collectively the “New Dawn Trademarks”). Other New Dawn, product, and service names and logos which may be used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to New Dawn. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of New Dawn Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of New Dawn Trademarks will insure our exclusive benefit.
User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant New Dawn a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, share, perform, distribute, store, modify and otherwise use your User Content, and any statistical and usage data relating to your use of the Services derived by New Dawn or its third-party service providers, in connection with (a) the operation and provision of the Services, and (b) subject to the Privacy Policy, (i) the improvement or enhancement of the Services, and the development and provision of new products, services and offerings, and for other development and corrective purposes in connection with the Services and other New Dawn offerings, products or services, (ii) to create aggregated or other de-identified data, and (iii) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed, except to the extent that any use would be prohibited by HIPAA or other applicable Law. You represent and warrant that any authorized use of your User Content by New Dawn does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights.
You hereby authorize New Dawn and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”). We may use Usage Data for any purpose at any time in accordance with applicable Law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to New Dawn are non-confidential and New Dawn will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that New Dawn may preserve content and may also disclose content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of New Dawn, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Links to Other Websites: While using the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealing, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that New Dawn will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Third Party Software: We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.
Social Media Sites: You may enable or log in to the Services via various social media and social networking services (“Social Media Sites”), or enable sharing of certain User Content or Service Content to, on or with Social Media Sites. By logging in or directly integrating these Social Media Sites into the Services, we may make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Media Sites on the websites of their respective providers. As part of such integration, the Social Media Sites may provide us with access to certain information that you have provided to such Social Media Sites, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Media Sites and New Dawn’s use, storage and disclosure of information related to you and your use of such services within or via the Services, please see our Privacy Policy. However, please remember that the manner in which Social Media Sites use, store and disclose your information is governed solely by the policies of such third parties, and New Dawn shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services. If you share User Content or Service Content, which may include your PHI, you acknowledge that you do so at your own risk.
In addition, New Dawn is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Media Sites. As such, New Dawn is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Media Sites. New Dawn enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
To consume our Services, with our without registering for an Account, you may be required to submit credit card or other payment information at the time of registration.
Fees: Certain products or services offered in connection with the Services are offered for a fee. When you schedule a health or wellness service or otherwise purchase other services or products, you will be required to select a payment plan that is listed in our Services. You will be charged pursuant to the payment plan you select. We reserve the right to change the prices of the services or products.
Payment Method: Collection of your credit card or other payment information and the processing of payment of fees will be performed by third party payment processors (the “Payment Processors”). New Dawn currently uses Stripe (https://stripe.com/) as its Payment Processor, but reserves the right to change Payment Processors. You will tender payment to the applicable Payment Processor, and fees will be processed by the applicable Payment Processor. You are bound by the applicable Payment Processor’s terms and conditions for the processing of payments, as the same may be modified by such Payment Processor from time to time (collectively, the “Payment Processor Terms”). Information provided to any Payment Processor is governed by the applicable Payment Processor Terms. Stripe’s Payment Processer Terms are comprised of Stripe’s Connected Account Agreement, located at https://stripe.com/connect-account/legal, which includes the Stripe Services Agreement located at https://stripe.com/legal and Stripe’s Global Privacy Policy located at https://stripe.com/privacy. We are not responsible for the performance of any Payment Processor, including Stripe.
You represent and warrant to New Dawn that such information is true and that you are authorized to use the payment instrument. You agree to pay New Dawn the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Services. If required, you shall be responsible for all taxes associated with the Services other than New Dawn’s taxable net income. If your payment fails, we may immediately cancel or revoke your access to the Services and/or terminate your account. If you contact your bank or credit card company to decline or reverse the charge of fees, we may revoke your access to our Services and/or terminate your account. If you dispute any charges you must let New Dawn know within sixty (60) days after the date that New Dawn charges you.
You agree to release, indemnify and hold New Dawn and its affiliates and its and their officers, employees, directors, service providers, licensors, and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEW DAWN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NEW DAWN MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY CONTENT PROVIDED THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
NEW DAWN MAKES NO WARRANTY WITH RESPECT TO ANY PROVIDERS TO THE EXTENT NEW DAWN IS RELIANT UPON, USING OR INCORPORATING ANY THIRD PARTY SERVICES, INCLUDING THE RESULTS FROM THE PROVIDERS OR ANY OTHER PRODUCT MADE AVAILABLE BY A THIRD PARTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, NEW DAWN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEW DAWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) ANYTHING OCCURRING AT AN PROVIDER OR ANY COMMUNICATION OR CONDUCT WITH ANY PERSON AT OR ASSOCIATED WITH AN PROVIDER, OR ANY THIRD PARTY SERVICES; (E) ANY SERVICES PROVIDED BY A REFERRED HEALTH CARE, WELLNESS, OR MEDICAL PROVIDER; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL NEW DAWN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID NEW DAWN IN THE LAST SIX (6) MONTHS (IF AT ALL), OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and New Dawn, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the Law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and New Dawn are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND NEW DAWN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND NEW DAWN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution. New Dawn is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing New Dawn’s customer support at [email protected].
Arbitration Procedures. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Taipei, Taiwan. The arbitration will proceed in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
If your claim is for ten thousand ($10,000) dollars or less, New Dawn agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Cost of Arbitration: The Rules will govern payment of all arbitration fees. New Dawn will pay all arbitration fees for claims less than twenty-five thousand ($25,000) dollars. New Dawn will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Service to the contrary, New Dawn agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending New Dawn written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that New Dawn, in its sole discretion, may suspend, limit, condition or terminate your account, use of the Services or any feature or function thereof and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if New Dawn believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services may be referred to appropriate law enforcement authorities. New Dawn may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that, except as may be explicitly set forth herein, any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that New Dawn may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that New Dawn will not be liable to you or any third party for any termination of your access to the Services (except as may be explicitly set forth herein).
These Terms of Service constitute the entire agreement between you and New Dawn and govern your use of the Services, superseding any prior agreements between you and New Dawn with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of Taiwan without regard to its conflict of law provisions. The failure of New Dawn to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign these Terms of Service without the prior written consent of New Dawn, but New Dawn may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.