Privacy Policy

Last Updated: 6-16-17

Welcome! This privacy policy (“Privacy Policy”) governs the website www.Newchip.com(including both mobile, app, and online versions) (the “Site”), online and mobile services (e.g., apps), and software made available by Newchip, Inc. and/or its subsidiaries (“Newchip”, “we”, “our” or “us”), including your use of interactive features, platforms, widgets, plug-ins, applications, content, downloads and/or other online services that we own and control and that post a link to this Privacy Policy (collectively with the Site, the “Service”). This Privacy Policy does not apply to data we receive from third parties, unless we combine such data with Personal Information (defined below) that we have ourselves collected under this Privacy Policy. This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Service (unless otherwise stated below), and does not govern the data practices of third parties that may interact with our Service.

To the extent we provide you notice on our Service of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.

In addition, please review the Service’s Terms of Use, which governs your use of the Service. By using our Service, you consent to our Privacy Policy and Terms of Use and our collection, use and sharing of your information and data, and other activities, as described below. If you do not agree to the terms of this Privacy Policy, please do not provide us with any Personal Information and do not use this Service.


Table of Contents

It is important that you read and understand the entire Privacy Policy before using the Service. To ease review, each section below contains a brief introductory summary. Scroll down for the full explanation. Any capitalized terms that appear in but are not otherwise defined in the introduction have the meanings given to them elsewhere in the Privacy Policy.


1. What Information Does the Service Collect?

(a) Information You Provide to Us

We may collect certain Personal Information and Business Information (defined below) that you provide to us when you interact with the Service. For example, we may collect this information through various forms and in various places on the Service, including when you sign-up for an account to use the Service, apply for credit, or any other use of our services. 

(b) Information Collected and Stored As You Access and Use the Service

Certain information may be collected from you automatically when you access and use the Service. For example, we and third parties may use Tracking Technologies (defined below) to collect Usage Information (defined below) based on your Device Identifier (defined below) for a variety of purposes, which may include activities over time and across third party locations.

(c) Location-Based Information

When using our Service, we may obtain information about your location or provide other location-based services to you.

(d) Information Third Parties Provide About You

We may obtain information about you from third parties.

(e) Interactions with Third-Party Services

If you interact with third-party services, those services may send us information about you and you or we may send them information about you.

 

(f) California Do Not Track Disclosures

We do not look for or respond to “do not track” signals.

 

(g) Information You Provide About a Third Party

You may provide us information about others, such as when you add an individual to your account. If so, the information you provide (names, email addresses, etc.) may be used so they can obtain the benefits of the Service.

 

2. How Do We Use The Information Collected?

We use your Personal Information, Business Information and Usage Information for a variety of purposes detailed in below.

 

3. How and When Do We Share Information With Third Parties?

We may provide your information to third parties under various circumstances detailed in this Section. These may include:

(a) When You Request Information From or Provide Information to Third Parties

If you request information from third parties, request that we send information to third parties or interact with third-party websites, ads, content or tools, we may share your information with such parties and/or they may collect your information directly. 

 

(b) Third Parties Providing Services on our Behalf

Our vendors may collect your information on our behalf or we may share it with them so that they may provide services to us and you. Some may offer you choices regarding the collection and use of your information.

 

(c) To Protect the Rights of Newchip and Others

There are a variety of administrative and legal reasons for which we may share some or all of your information.

 

(d) Affiliates and Business Transfer

We may share your information with our affiliates as well as in the event of a sale, merger or similar transaction.

 

e) Your Connecticut Privacy Rights

We make good faith efforts to protect the security of Social Security numbers.

 

4. What About Information I Disclose Publicly or to Others?

(a) User Content and Public Information

Posting content in public areas makes it available to others. We may share and use your public information for any reason not otherwise prohibited by this Privacy Policy.

(b) Name and Likeness

You grant us the right to use your name and likeness in connection with your posting and activities. 


5. Ads and Information About You

We and third parties may send you targeted ads based on your location, information and/or behavior. If you object, you can exercise choices some third parties may offer.


6. Does Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Service?

We may allow you to access third-party content on the Service, or to link to third-party applications and locations from the Service, but we are not responsible for your interaction with third-party content, apps and locations. 


7. How Do I Change My Information and Communications Preferences?

You may change certain account information and communications preferences as more fully detailed in this Section. 


8. What About the Transfer of Information to the United States?

You consent to your data being transferred to the United States. 


9. What Should Parents Know About Children?

We do not intend to collect Personal Information from children. If you think we have, let us know.


10. What About Security?

No data security is absolute, but we endeavor to take reasonable steps to secure data appropriately.

 

11. What About Changes to the Privacy Policy? 

We may change this Privacy Policy upon posting of a revised privacy policy.



The Full Detailed Privacy Policy


1. What Information Does the Service Collect?

(a) Information You Provide to Us

In order to sign up as an Applicant or User, we may need to collect some personal and business-related information about you. We may collect this information for a number of reasons including, but not limited to, registering your account with us, responding to your requests, or providing relevant information and services to you.  When signing up for a new account, you will need to provide information about yourself, such as your name, email address, phone number, business information and biographical information (e.g., education and employment information). We may also offer you now or in the future the ability to complete transactions on our Site. In order to complete these transactions, we may need to collect additional information from you, such as your billing address and financial account information. By providing your personal and business-related information to us, you understand and agree that you have no right to remove the data from the Site.

On the Service, we may ask you to provide us with certain categories of information, such as: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, phone number, social security number, username and password, credit card number, bank account number, personal financial data, date of birth, home address and email address (“Personal Information”); and (2) business information, such as information about the company you represent, business contact information and company financial information (“Business Information”). We may collect this information through various forms and in various places on the Service, including if you register for an account, apply for a loan, post an investment opportunity, through “contact us” forms, or when you otherwise interact with the Service. If we combine Business Information with the Personal Information we collect directly from you on the Service, we will treat the combined data as Personal Information under this Privacy Policy.

(b) Information Collected and Stored As You Access and Use the Service

In addition to any Personal Information or other information that you choose to submit to us via our Service, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Service (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Service. To the extent we associate Usage Information with your Personal Information we collect directly from you on the Service, we will treat it as Personal Information.

This Usage Information may include:

- your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;

- your Device functionality (including browser,operating system, hardware, mobile network information);

- the areas within our Service that you visit and your activities there, including remembering you and your preferences;

- your Device location;

- your Device characteristics; and

- certain other Device data, including the time of day, among other information.

We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Service, include, without limitation, the following (and subsequent technology and methods later developed):

Cookies. A cookie is a data file placed on a Device when it is used to visit the Service. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies, go to Adobe’s website www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Service may not function properly, and that when you revisit our Service your ability to limit cookies is subject to your browser settings and limitations.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Service’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.

Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.

ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).

We may use Tracking Technologies for a variety of purposes, including:

Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Service, including cookies required to prevent fraudulent activity, improve security or allow you to make use of Service functionality.

Performance-Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Service, including as part of our analytic practices or otherwise to improve the content, ads, products or services offered through the Service.

Functionality-Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Service, including identifying you when you use our Service or keeping track of your specified preferences.

Targeting-Related. We may use Tracking Technologies to deliver content, including ads relevant to your interests on our Service and third‑party services based on how you interact with our advertisements and/or content. This includes using Tracking Technologies to understand the usefulness to you of the content and ads that have been delivered to you.

There may be other Tracking Technologies now and later devised and used by us in connection with the Service. Further, third parties may use Tracking Technologies in connection with our Service, which may include the collection of information about your online activities over time and across third-party websites or online services as well as across your Devices. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Service and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.

(c) Location-Based Information

Our Service may use location-based services in order to locate you so we may verify your location, deliver you relevant content and ads based on your location as well as to share your location with our vendors as part of the location-based services we offer. You may be able to change the settings on your Device to prevent it from providing us with such information. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by us and our partners and licensees to provide and improve location-based products and services. You should consider the risks involved in disclosing your location information to other people.

(d) Information Third Parties Provide About You

We may receive information about you from your friends and others that use the Service. Additionally, we may, from time to time, supplement the information we collect directly from you on our Service with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. Further, we may use third parties to collect details about you from financial institutions. To the extent we combine information we receive from those sources with Personal Information we collect on the Service, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us.

(e) Interactions with Third-Party Services

The Service may include functionality that allows certain kinds of interactions between the Service and a third-party web site or application. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, when you register with the Service, you may have an option to use your Facebook, LinkedIn or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Service, or otherwise link accounts. If we offer and you choose to use this functionality to access or use our Service, the third-party site or application may send Personal Information about you to us. Further, if you click on social media icons on the Service (such as for Facebook, Twitter or Instagram), those actions may be associated with, and we may have access to, your Personal Information you provided on those third-party sites or applications. If so, we will then treat it as Personal Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction on our Service. In addition, we may provide third-party sites’ interfaces or links on the Service to facilitate your sending a communication from the Service. For example, we may use third parties to facilitate emails, tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. Newchip may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Service.

(f) California Do Not Track Disclosures

Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms

(g) Information You Provide About a Third Party 

You may send someone else a communication from the Service, such as sending an invitation to a friend. If so, the information you provide (names, email addresses, etc.) is used to facilitate the communication and is not used by us for any other direct marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your contact information, name or username and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies.


2. How Do We Use The Information Collected?

We may use your Personal Information, Business Information or Usage Information that is subject to this Privacy Policy:           

- to determine a potential lendee's suitability to attain credit and assign a credit risk profile;

- to determine a potential investor’s suitability to be an investor on the Service;

- to provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services or upcoming events;

- to process and track your investments and other transactions you enter into using the Service;

- to verify your identity, including your accounts on the Service;

- to manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;

- to manage and protect our information technology infrastructure;

- to provide the Service, including the marketplace opportunities available on the Service;

- to improve the Service, marketing endeavors or our Service offerings;

- to customize your experience on the Service or to serve you specific content or ads that are relevant

- to provide customer support, including to resolve disputes, collect fees and troubleshoot problems;

- to contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or Service’s policies;

- to identify your product and Service preferences so that you can be informed of new or additional products, services and promotions;

- to develop our analytics tools and dashboard;

- to develop aggregated data and industry research reports;

- to enable you to participate in a variety of the Service’s features;

- to remember information so that you will not have to re-enter it during your visit or the next time you visit the Service;

- to diagnose or fix technology problems with the Service;

- to improve the overall experience at the Service;

- to comply with our legal and regulatory obligations;

- for internal business purposes; and

- for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.


3. How and When Do We Share Information With Third Parties?

We may share non-Personal Information, such as aggregated user statistics, with third parties. Further, we may share your Device Identifiers with third parties along with data related to you and your activities. We may share your Personal Information with investors, banks, lenders, credit bureaus, agencies and payment processing service providers so they can assist with processing the investments and other transactions initiated from your Service account. We do not share your Personal Information that we have collected directly from you on our Service with third parties for those third parties’ direct marketing purposes unless you have consented (either through an opt-in our opt-out opportunity) at the time you provide your Personal Information or otherwise. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy. Newchip may additionally disclose your information as follows:


(a) When You Request Information From or Provide Information to Third Parties

You may be presented with an option on our Service to receive certain information and/or investment offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools, apps or ads on our Service or link to them from our Service. This may include using third-party tools such as Facebook, LinkedIn, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third party practices. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.

   

(b) Third Parties Providing Services on our Behalf

We may use third-party vendors to perform certain services on behalf of us or the Service, such as: (i) to assist us in Service operations; (ii) to manage a database of customer information; (iii) hosting the Service; (iv) designing and/or operating the Service’s features; (v) tracking the Service’s activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; (viii) process investments; and (ix) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them. However, some may offer you certain choices regarding their practices, and information we have been informed of regarding such choices is available here. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.

 

(c) To Protect the Rights of Newchip and Others

We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Service’s Terms of Use or other policies applicable to the Service, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Service or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use IP address or other Device Identifiers to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.

(d) Affiliates and Business Transfer

We may share your information, including your Device Identifiers and Personal Information, Business Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

e) Your Connecticut Privacy Rights

Connecticut law requires any person or entity that collects Social Security numbers from Connecticut residents in the course of business to create a privacy protection policy and to publish or display it publicly. It is our policy to protect the confidentiality of Social Security numbers in our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure. Unlawful disclosure of Social Security numbers is prohibited, and access to them is limited to personnel who need access to such information in order to perform their job functions.


4. What About Information I Disclose Publicly or to Others?

(a) User Content and Public Information

The Service may permit you to submit ideas, photographs, investment information, investing experience, company information video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”), such as on publicly available investment profiles. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that Newchip does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.

(b) Name and Likeness

We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit to the Service, please review our Service’s Terms of Use.


5. Ads and Information About You

We and third parties such as network advertisers and ad exchanges may serve advertisements on the Service or across the Internet and may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party sites and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your activities across the Internet and mobile media (“Behavioral Ads”). Behavioral Ads enable us to target advertisements to you for products and services in which we believe you might be interested. If you object to receiving Behavioral Ads from us on third party sites, you can learn more about your ability to limit Behavioral Ads below. Our third party ad network and exchange providers, the advertisers and/or traffic measurement services may themselves set and access their own technologies on your Device and track certain behavioral Usage Information via a Device Identifier. These third party technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements; and (c) understand the usefulness of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your Device and may set or change settings on your Device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities.

Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. The relevant third party’s terms of service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third party advertisers or advertising networks or exchanges or related third parties.

Some third parties may offer you certain choices regarding their practices, and information we have been informed of regarding such choices is available here. Further, while sites use a variety of companies to serve advertisements, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp , which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver Behavioral Ads to you, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or change web browsers, your NAI opt-out may not, or may no longer, be effective. You may also opt-out of receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices. Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.


6. Does Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Service?

When you are on the Service you may be directed to other sites and apps that are operated and controlled by third parties that we do not control such as merchants who directly sell products and services to you, platforms, or affiliates. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Service onto a different location such as our partner platforms. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies. We are not responsible for these third-party privacy policies or the practices of Third-Party Owners. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.


7. How Do I Change My Information and Communications Preferences?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Service may allow you to review, correct or update Personal Information you have provided through the Service’s registration forms or otherwise by updating your Service account, and you may provide registration updates and changes by contacting us by email at [email protected]. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the Service, information that you remove may persist internally for Newchip’s administrative purposes. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and Service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about the Privacy Policy or practices described in it, you should contact us in the following ways: Postal Mail: Newchip, Inc., 1609 Shoal Creek Blvd, Suite 315, Austin, TX, 78703 (Attn: Privacy Officer; Email: [email protected]


8. What About the Transfer of Information to the United States?

Our Service is operated in the United States and intended for users located in the United States, Canada, and in countries where they are authorized to invest in Reg A+ Deals. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Service or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.


9. What Should Parents Know About Children?

We understand the importance of protecting children’s privacy in the interactive world. We are a general audience service and do not use the Service to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without such parental consent. If you are a child under thirteen (13) years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.

In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us at: [email protected].


10. What About Security?

We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.


11. What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.


Party Service For More Information Use of Tracking Technologies Privacy Choices
Google Analytics Analytics http://www.google.com/analytics/learn/privacy.html Yes https://tools.google.com/dlpage/gaoptout
Yahoo Analytics Analytics https://policies.yahoo.com/us/en/yahoo/privacy/topics/analytics/index.html Yes https://aim.yahoo.com/aim/us/en/optout/
App Nexus Advertising https://www.appnexus.com/en/company/platform-privacy-policy Yes https://www.appnexus.com/en/company/platform-privacy-policy#choices
Bid Switch Advertising http://www.bidswitch.com/privacy-policy/ Yes http://x.bidswitch.net/opt-out
DoubleClick Advertising https://support.google.com/adsense/answer/2839090?hl=en Yes http://www.google.com/settings/ads/anonymous?sig=ACi0TCg8D6xcOX2fLlvift4K7FWxfHOd8xSra2L4KCK21-WEcW8YbHeenpip18Z2ELrZAAZqQU3y3jmLOvnsoZt3ybYr1hLJ2a3FT05Lm8s_ZM0Qb2eSiEw&hl=en
Facebook Custom Audience Advertising https://www.facebook.com/privacy/explanation Yes See personal Facebook account privacy settings.
Google Dynamic Remarketing Advertising https://support.google.com/adwords/answer/3124536?hl=en Yes http://www.google.com/settings/ads/anonymous?sig=ACi0TCg8D6xcOX2fLlvift4K7FWxfHOd8xSra2L4KCK21-WEcW8YbHeenpip18Z2ELrZAAZqQU3y3jmLOvnsoZt3ybYr1hLJ2a3FT05Lm8s_ZM0Qb2eSiEw&hl=en
Index Exchange Advertising http://www.casalemedia.com/ Yes http://www.networkadvertising.org/choices/
New Relic Analytics https://newrelic.com/privacy Yes No
Rubicon Project Advertising http://rubiconproject.com/privacy Yes http://rubiconproject.com/privacy/consumer-online-profile-and-opt-out/
Twitter Advertising Advertising https://support.twitter.com/articles/20170405# Yes See personal Twitter account privacy settings.

PLEASE NOTE: We are not responsible for third-party policies or practices. We try to keep this information current, and will add to and subtract from the chart above as appropriate, but it is provided as a courtesy and may not be current or accurate. Please contact the relevant third parties regarding their privacy and data security policies and practices.

Terms, Condition, and Rules for Rewards

Newchip promo codes, credit, and rewards are contingent on successful registration, validation of referred users, and will be awarded at official launch in Q3 2017. Credit and promo codes are only valid for use on the Newchip platform in conjunction with Newchip services, credit products fees (such as origination fees), but not for credit for investment on Newchip, in Newchip, or on any third party websites, or principal investment or credit on loans. Eligibility is limited to users and invites of users via the Newchip desktop platform (the “Newchip Desktop Platform”) and the mobile application (the “Newchip App”) located within the United States (each, a “User”) who refer a new user via the platform’s invite system or promo code system who becomes active and registers as a first-time Newchip user on the Newchip platform. A User who has satisfied the conditions stated herein is eligible to receive a promotion code or credit applied to their User account that can be applied as consideration towards up to a maximum of $1,000 via the Newchip reward program in which the promotion code or credit is applied (the “Promotion Code”) or (“Credit”). A User will be eligible to receive the Promotion Code or Credit once for every new Referral who either (1) enters the User’s personal referral code (the “Referral Code”) when signing up to become an Newchip user or (2) Registers via the viral invite link that is linked to the inviter’s account via their contact and friend list. In the event that a User is eligible to receive multiple Promotion Codes or Credits by the company, the additional Promotion Code(s) or Credit(s) will be applied in the subsequent calendar month(s), up to a maximum as described by the company. Newchip will apply the Promotion Code or Credit to User’s account within 60 days of the completion activation status and validation of new referral registrations after the launch date. Rewards may be redeemed in-app by request only. Newchip reserves the right to withhold providing a Promotion Code or Credit, and rescinding such promo codes or credit in the event that Newchip reasonably determines that the use or redemption of the Referral Code or Credit was in error, fraudulent, illegal, or in violation of these terms, the Referral Code and Reward terms, or the Newchip Online Services Agreement. The Promotion Codes and Credits is non-transferrable, not for resale, has no cash value unless specifically redeemed at a cash pay out level, and may not be combined with any other offers or stacked with other rewards unless authorized by Newchip. Newchip will make determinations on a case by case basis. Any unused value of a Promotion Code or Credit will be forfeited if not used within 12 months. Additionally, the User and new referrals each may not use the name “Newchip” or Newchip s logos, trademarks or service marks in any manner except as may be expressly permitted in connection with their permitted use of the Referral Code. Newchip may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Newchip establishes. By referring users, you agree that Promo Codes and Invites: must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Newchip (iii) may be disabled by Newchip at any time for any reason without liability to Newchip (iv) may only be used pursuant to the specific terms that Newchip establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Newchip reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Newchip determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Newchip'ss Terms. Newchip may discontinue this offer and the rewards program at any time at it’s discretion.

Terms of Service

Terms of use

Effective Date: April 28, 2014

These Terms of Use (“Terms”), together with your NEWCHIP® Agreement (the “Membership Agreement”) (if applicable) and any other agreement that you may enter into and execute with NEWCHIP ® are incorporated herein by reference and constitute the “Agreement” between you and NEWCHIP® (“Company,” “we,” or “us”) concerning your use of the NEWCHIP® site, currently located at www.newchip.com ( “Site”) and all Services (as defined in Section 4 below). The Agreement is the entire agreement between you and Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter; provided, however, that in the event of any conflict between these Terms and the Membership Agreement (if applicable), the Membership Agreement shall control.  You acknowledge and agree that the Site is powered by Newchip (“Newchip”), and as such, Newchip is not responsible for the offering content and communications that appear on the Site and is not responsible or liable to you for any issues that may arise with respect to your use of the Site or investments through it’s partners.

1.              Acceptance of Terms. This Site is made available to legal residents of the United States who are age 18 or older. This Site is only suitable, intended and available for Entrepreneurs (defined below), non-accredited, and accredited investors who are members of NEWCHIP (“Members”) and familiar with, and willing to, accept the risks associated with private investments.  Neither Newchip nor it’s partners endorse any of the opportunities that appear on this Site, nor does Newchip and/or it’s partners make any recommendations regarding the appropriateness of particular opportunities for any users. All opportunity “Matching” is based on search, interest, and preferences defined by the user. Each user must review and evaluate the opportunities in such user’s own discretion and determine the suitability of entering into any transaction.  Please read these Terms carefully. Your use of the Site constitutes your agreement to these Terms.

2.              Modifications to the Site and Terms. The Site is made available by Newchip, subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “EFFECTIVE DATE” legend at the top of this Agreement. In addition, we reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any of our affiliates (collectively, “Affiliated Entities”), nor Newchip, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

3.              Jurisdictional Issues. The Site is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions. Newchip and it’s partners do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

4.              Description of the Services. We provide entrepreneurs who register with NEWCHIP (“Entrepreneurs”) and use the Site with the ability to apply for startup evaluation and to submit business information for these and related purposes. In addition to information submitted by Entrepreneurs, Newchip and it’s partners may prepare due diligence materials regarding Entrepreneurs and their businesses. Information submitted by an Entrepreneur and due diligence materials prepared by Newchip, it’s Partner’s, and or Members is collectively referred to as “Entrepreneur Information”. Entrepreneur Information created by Newchip or it’s partners become the property of the Newchip and or the preparing entity unless otherwise stated, and is generally shared with Members, NEWCHIP-advised investment funds, and, from time-to-time, other angel networks, investors and funds. We provide Members with access to certain content, services and functionality as described in the Membership Agreement. Entrepreneur and Member services are collectively referred to as the "Services").

5.              Information Submitted Through the Site. Your submission of information through the Site is governed by Newchip’s Privacy Policy, which is hereby incorporated into these Terms of Use by this reference. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete (i.e, free from material omissions), and that you will maintain and update such information as necessary. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or any of the Services.

6.              Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your full compliance with these Terms including, without limitation, the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 19 below. You agree that you will not:
·Use the Site and/or the Services for any fraudulent or unlawful purpose.
·Use the Site for the benefit of other persons or for purposes other than the uses permitted by the Entrepreneur registration terms or the Membership Agreement, as applicable.
·Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
·Impersonate any person or entity, including without limitation any representative of Newchip; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
·Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
·Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site).
·Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site, the Services or information contained within the Site and Services, except as otherwise specifically permitted by Newchip.
·Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
·Remove any copyright, trademark or other proprietary rights notice from the Site or materials obtained from the Site.
·Frame or mirror any part of the Site without Newchip’s express prior written consent.
·Create a database by systematically downloading and storing Site content.
·Access the Site or any other person’s account without authorization including, but not limited to, misuse of Logins or other information.
·Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Newchip’s express prior written consent. 
·Use the Site to advertise or offer to sell or buy any goods or services without Newchip’s express prior written consent.
·Post, transmit, or otherwise make available, through or in connection with the Site:
·Any material that would give rise to criminal or civil liability including, but not limited to, under applicable securities laws, laws governing computer fraud and abuse or in contravention of other regulations or private contracts;
·Any material that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," “phishing” or "phreaking."
·Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may, or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
·Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
·Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.

7.              Member Registration. Only Members that have registered by entering into a Membership Agreement and other such agreements as Newchip may request from time to time are authorized to use the Services provided through the Site. The information required in order to register for the Site may include: Member’s full name, mailing address, email address, telephone number(s) and other biographical and professional information. Members will also be asked to create a unique user name and password (collectively, “Member Login”), and will have the opportunity to create and edit their public Member profile, portions of which may be prepopulated by Newchip in accordance with our Privacy Policy and shared with other members based on Member’s user preferences.

8.              Entrepreneur Registration. Entrepreneurs are required to register with Newchip in order to use the Services provided through the Site. During registration, Entrepreneurs may be asked to provide the following information: full name, business name, mailing address, email address, telephone number(s), business summary and data and other biographical and professional information or due diligence documents. Entrepreneurs will also be asked to create a unique user name and password (collectively, “Entrepreneur Login”). When an Entrepreneur applies or registers with the Site, an account will also be created with Newchip.com for the purposes of sharing Entrepreneur’s Information with other non-accredited, and accredited investors.

9.              Login Use. Member Login and Entrepreneur Login are collectively referred to as “Login”. Your Login is for your personal use only, and not for use by or on behalf of any other person. You are responsible for maintaining the confidentiality of any Login you may use to access the Site, and agree not to transfer your Login, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your Login. You agree to immediately notify Newchip of any unauthorized use of your Login or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

10.           User Generated and Third Party Links and Information. The Site permits Entrepreneurs and Members to upload and post data and materials to the Site. Entrepreneur-provided and Member-provided data and materials are posted for informational purposes only and are not independently verified by Newchip and/or it’s partner’s. Therefore, your reliance on such information is at your own risk. You should always verify information on our partner platform’s before making an investment. In addition, the Site may provide links to other web sites and online resources. Because Newchip and it’s partners have no control over user generated content and/or other third-party sites and resources, you acknowledge and agree that Newchip, the Affiliated Entities and it’s partners and their respective employees, limited liability company members, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Released Parties”) are not responsible for the accuracy or availability of such user generated data and materials and/or external sites or resources, and the Released Parties neither endorse nor are responsible or liable for any user generated content that appears on the Site or content, advertising, products or other materials on or available through third-party sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that the Released Parties do not endorse such third-party sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY (INCLUDING, WITHOUT LIMITATION ENTREPRENEUR AND/OR MEMBER-PROVIDED) WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS.

Newchip shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

11.           Timeliness of content. All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

12.           Accuracy of Information. We attempt to ensure that the information that we provide on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this Site. 

13.           Company's Proprietary Rights. The information and materials made available through the Site, are and shall remain the property of Newchip and its licensors, including it’s partners, and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Newchip to access and use the Site, you may view one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by Newchip in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site. Trade names, trademarks and service marks of Newchip include without limitation, Newchip® and any associated logos. All trademarks and service marks on the Site not owned by Newchip are the property of their respective owners. The trade names, trademarks and service marks owned by Newchip, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Newchip’s trade names, trademarks or service marks without our express prior written consent.

14.           Securities Products; No Professional Advice. None of the information contained in the Site constitutes an investment recommendation, solicitation or offer by the Released Parties to buy or sell any securities, futures, options or other financial instruments or other assets or provide any investment advice or service. The information contained in the Site has been prepared without reference to any particular Member’s or Entrepreneur’s investment requirements or financial situation. The information and services provided in the Site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where the Released Parties are not authorized to provide such information or services. Some products and services described in the Site may not be available in all jurisdictions or to all users.

15.           DISCLAIMERS. The Site, the Services and all content, services and features available through the Site and Services are intended for informational purposes only.  They are not intended to substitute for professional investment, financial or legal advice. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON THE RELEASED PARTIES IN MAKING AN INVESTMENT DECISION.  ALWAYS CONSIDER SEEKING THE ADVICE OF A QUALIFIED PROFESSIONAL BEFORE MAKING DECISIONS REGARDING YOUR BUSINESS AND/OR INVESTMENTS.  THE RELEASED PARTIES DO NOT ENDORSE ANY ENTREPRENEUR AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS.  YOU AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS.

THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. THE RELEASED PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, AND TITLE.

16.           Limitation of Liability. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, DATA OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED, arising out of or relating to YOUR USE OF THE SITE and/OR THE services (including, without limitation, your interaction with other users and any transactions you enter into with other users or otherwise through the site and services), EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE RELEASED PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY NEWCHIP OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF NEWCHIP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO NEWCHIP TO ACCESS AND USE THE SITE. OR $100 WHICHEVER IS LESS. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, the released parties’ total liability will be limited to the fullest extent permitted by applicable law. These limitations of liability and damages also apply with respect to damages incurred by you by reason of any products or services sold or provided on any linked sites or otherwise by third parties other than the released parties and received through the services or any linked sites.   you acknowledge and agree that the released parties have offered the site and the services and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and the released parties, and that the disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and the released parties. you acknowledge that the released parties would not be able to provide the site and the services to you on an economically reasonable basis without these limitations.

17.           Security. While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us [email protected] a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

18.           Indemnity. You agree to defend, indemnify and hold harmless the Released Parties, from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities in connection with, the Site; or (b) any violation of this Agreement by you.

19.           Termination. This Agreement is effective until terminated. Newchip, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Newchip believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Newchip may immediately deactivate or delete your Login and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Released Parties shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 3, 10, 13, 15, 16, 18 and 20 and those other Sections that by their nature are intended to survive termination shall survive any expiration or termination of this Agreement.

20.           Governing Law; Arbitration. This Agreement is governed by and shall be construed in accordance with the laws of the State of Texas, U.S.A., without regard to its principles of conflicts of law. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to these Terms shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by the terms and conditions of these Terms. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the State of Texas. The arbitrator's decision shall be based upon the substantive laws of the State of Texas without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude Newchip from seeking any injunctive relief or other provisional remedy in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in Austin, Texas, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

21.           Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions to [email protected] note that e-mail communications will not necessarily be secure.

22.           Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Newchip a notice requesting that Newchip remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Newchip a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Newchip®, Email:[email protected] suggest that you consult your legal advisor before filing a notice or counter-notice.

23.           Relationship of the Parties; Conflicts. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Newchip. In the event of conflict between the terms of the Membership Agreement and this Agreement, the terms of the Membership Agreement executed by you (if any) will apply. 

24.           Miscellaneous. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Newchip’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Newchip will not be responsible for failures to fulfill any obligations due to causes beyond its control.

© 2017 NEWCHIP® unless otherwise noted. All rights reserved.