Privacy Statement and Notice of Privacy Practices

PLEASE READ THIS PRIVACY STATEMENT AND NOTICE OF PRIVACY PRACTICES CAREFULLY.

This Privacy Statement and Notice of Privacy Practices (the “Privacy Policy”) sets forth the principles governing Newbold Advisors, LLC (“Newbold,”) collection, use, and protection of personal information that individuals share with us when they visit www.newboldadvisors.com (the “Site”). This Privacy Policy also describes the rights of individuals who share personal information with Newbold as applicants for employment with Newbold or as employees of Newbold. Finally, this Privacy Policy applies to Newbold’s collection, use, and protection of personal information in Newbold’s day-to-day business operations.

The Site is intended for, and directed toward, individuals and applicants in the United States of America and is not at this time directed to any individuals that may reside outside of the United States. If you are not located in the United States, please do not use the Site or submit information to us through the Site. The Site is controlled and operated by Newbold from the United States and is not intended to subject Newbold to the laws or jurisdiction of any other country.

Acceptance of the Privacy Policy and Your Consent.

This Privacy Policy is incorporated as part of the Site Terms of Use that apply with respect to your use of the Site. The information you provide to us is governed by the Site’s Terms of Use.

How You Are Notified if this Privacy Policy Changes.

Newbold may change this Privacy Policy from time to time. If we do, we will post the updated Privacy Policy with the last revised date. Your continued use of the Site means that you consent to the updates to the Privacy Policy.

If we make material changes to this Privacy Policy, then we will publish notice on www.newboldadvisors.com or, if required by applicable law, seek your affirmative consent.

What Information Do We Collect?

We collect two types of information from you when you visit the Site, “personal information” and “non-personal information”.

Personal Information

We may collect, store, and otherwise process the personal information (“PI”) of:

  • visitors to the Site;
  • employees;
  • officers and managers of Newbold and other business partners (or other representatives and agents of Newbold’s clients);
  • job candidates; and
  • other individuals who enter into a business relationship or apply for a job with us or who receive or request information about products or services from Newbold.

Such PI may include: name; phone number; country of residence; professional and/or private address; e-mail address; title and working position; employer; education history; professional interests; professional and/or private telephone numbers; previous work experience; skills; referral information; and other information voluntarily submitted.

For job candidates applying for positions in the United States, PI includes information the candidate includes on a resume. In some cases, Newbold may also collect geolocation data and audio, electronic, visual, or similar information from applicants and/or employees.  Newbold may use PI to: conduct its internal and external business operations; provide offers and information about products, services, or events that Newbold thinks may be of interest and facilitate the recruitment process.

Where required by applicable law, Newbold will seek your express consent to collect or process your personal information. You may withdraw that consent at any time by e-mailing Newbold at webmaster@newbolddadvisors.com.

Non-Personally Identifiable Information

Non-personally identifiable information (“NPII”) can be technical information or aggregated, non-identifiable, or anonymized information. NPII does not identify you personally. If you provide us with NPII, we may use it for the purposes described in this Policy or any other legal purpose.

Automatic Collection of NPII

When you use the Site, Newbold may automatically collect certain information by automated or passive means using a variety of technologies described below. We use these technologies across the Site to enhance your user experience. These technologies may allow Newbold to personalize your online experience, recognize you as a previous visitor, save your user preferences, and/or maintain your login and password information on secure portions of the Site. We also use these technologies to analyze how users use the Site and to monitor the performance of the Site.

By using the Site and accepting the terms of this Privacy Policy, you agree that Newbold can place these technologies on your computer or device. You have the option of adjusting your browser or device settings to restrict or limit the use of these technologies. However, if you choose to do so, the functionality of the Site and your user experience may be affected.

When you visit the Site, Newbold automatically collects certain information about your device, browsing actions, and patterns, including:

  • Information about your device and internet connection, including your web browser, IP address, operating system, time zone, and cookies installed on your device.
  • Details of your visits to our Site, including individual web pages or products viewed, what websites or search terms referred you to the Site, and other communication data and resources that you access and use on the Site.

Use of Cookies on the Site.

Newbold uses cookies on its website. We use cookies to track your preferences and activities while on the Site and to help ensure that all features of the Site can be used by visitors. Cookies are small data files saved by a website on your web browser that keep a record of your preferences, making your subsequent visits to the site more efficient. Cookies may store a variety of information, such as the number of times you access a website. Newbold sets its own cookies on its Site and may also use certain third-party cookies on the Site. 

Because cookies are commonly used, most web browsers are designed to accept cookies. However, you can easily modify your browser preferences to block or disable cookies. Please see your browser’s Help section or files for details on how to block and/or disable cookies. Please note that if you block or disable cookies, some website functionality may not be available, which may lessen your overall user experience.

For even more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org

  • Necessary Cookies: These cookies are essential to the functionality of the Site in order to facilitate your use of the Site and its features, and in order to enable you to move around the Site smoothly. Without these cookies, Newbold may not be able to provide certain services or features, and the Site will not properly function. Unfortunately, these cookies cannot be disabled or modified, which is why Newbold refers to these as “Necessary.”

 

  • Analytics and Reporting Cookies: Newbold and its third-party vendor service providers may use analytics cookies, which are sometimes called reporting cookies, to collect information about your use of the Site in order to enable us to improve the way it works and prepare statistical analysis of such data. For instance, analytics cookies may collect information about which pages you visit most. The information gathered via analytics cookies allows us to see the overall patterns of usage of the Site, helps us record any difficulties you have with the Site, and shows us whether our advertising is effective or not. We use Google Analytics and Zoominfo to help measure how users interact with the Site. If you have questions about Google Analytics, you may obtain more information about its policy privacy, which can be found at https://policies.google.com/privacy.  If you have questions about Zoominfo, you may obtain more information about its policy privacy, which can be found at https://www.zoominfo.com/about-zoominfo/privacy-center.
  • Social and Content Cookies:  Many social media plugins use social and content cookies (for example, the Facebook ’like’ button), and other tools meant to provide or improve the content on a website. Newbold may integrate these modules into its platform to improve the experience of browsing and interacting with the Site. Please note that some of these third-party services place cookies that are also used for things like behavioral advertising, analytics, and/or market research.

Newbold does not set any additional cookies relating to your use of this embedded social and content cookies. However, if you choose to click on these links and they take you to a third-party website, the third-party may place additional cookies of its own. These third-party cookies fall outside the scope of this Privacy Policy. We encourage you to reach out to the third party if you have any questions about how they track your use of the embedded content on the sites.

How Long Will Cookies Remain on My Computer or Mobile Device?

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing, and persistent cookies last until they expire or are deleted. Most of the cookies Newbold uses are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device. See the section below on how to control cookies for more information on removing them before they expire.

How do I Accept or Reject Cookies?

You can choose to disable or enable cookies at any time on your browser. 

Your browser can be set to notify you of the cookies that are deposited in your computer and ask you to accept them or not. You can accept or reject cookies on a case-by-case basis or reject them consistently once and for all. We remind you that the refusal of cookies is likely to modify your conditions of access to the Site. In order to manage the cookies as close as possible to your expectations, Newbold invites you to set your browser taking into account the purpose of the cookies as mentioned above.

You may outright refuse to accept cookies from the Site at any time by activating the setting on your browser that allows you to refuse cookies. You may also adjust the settings on your browser to clear cookies. You may also opt out of cookies by refusing to accept cookies when prompted by the disclosure banner that appears on your first visit to the Site. Please note that by disabling or blocking any or all cookies, some features of the Sites may not operate as intended, or you may not have access to features or personalization available through the Site.

For the management of the cookies and your choices, the configuration of each browser is different. We suggest consulting the Help section of your browser or taking a look at the website AboutCookies.org, which offers guidance for all modern browsers.

Use and Disclosure of Personal Information.

Newbold does not sell your Personal Information. 

Newbold currently, or may in the future, collect, use, and disclose your PI as authorized or required by written law and/or for any or all of the following purposes (“Purposes”) to:

  • Fulfill a service or a service request to you;
  • Determine your eligibility for employment with Newbold or its clients;
  • Establish and verify your identity;
  • Conduct Newbold’s internal business operations, i.e., human resources activities and processing of salaries, other compensation, benefits, and other employment related matters;
  • Protect and improve Newbold’s services;
  • Obtain services from Newbold’s authorized third-party agents or contractors;
  • Respond to your questions, inquiries, comments, and instructions;
  • Comply with applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
  • Manage the legal response in connection with any claims, actions, or proceedings (including but not limited to drafting and reviewing documents, transaction documentation, obtaining legal advice, and facilitating dispute resolution), and/or protecting and enforcing Newbold’s contractual and legal rights and obligations;
  • Update Newbold’s records and keep your contact details up to date;
  • Gather data for statistical purposes to help improve the functioning and availability of the Site;
  • Protect against fraud;
  • Notify you of any known breach of your Personal Information;
  • Transmit to any and relevant governmental and/or regulatory authorities, for these Purposes; and
  • Assist with any other related purposes that would reasonably be expected for which you provided the information in accordance with consent obtained from you and in accordance with the applicable law.

These Purposes may continue to apply even in situations where your relationship with Newbold has been terminated or altered in any way. In such cases, Newbold may still retain PI relating to you and use or disclose such information for legal and/or business purposes, including for compliance with applicable law.

Sharing Your Personal Information. 

Newbold shares your Personal Information with third parties for the Purposes described above. The third parties include vendors who collect and use your PI for employment-related purposes such as background checks and benefits administration.

We may also share your Personal Information with a third party in the event of a proposed or actual sale, merger, or any other type of transfer, or financing of all or any portion of Newbold’s business in order for you to continue to receive the same or similar products and services. In these circumstances, PI may be shared with the actual or prospective purchasers or assignees, or with the newly acquired business.

Finally, Newbold may also share your Personal Information or Non-Personally Identifiable Information to comply with applicable laws and regulations, enforce this Privacy Policy, respond to a subpoena, search warrant or other lawful request for information we receive, or otherwise protect Newbold’s rights. 

How Newbold Protects Your Personal Information.

We use commercially reasonable technical, administrative, and physical controls best practices to protect your Personal Information, including data encryption where appropriate. However, the internet is not a 100% secure environment and Newbold cannot ensure the security of Personal Information during its transmission between you and us. Accordingly, you acknowledge that when you transmit such Personal Information, you do so at your own risk. Nevertheless, Newbold strives to protect the security of your information.  We will notify you of any confirmed security breach of your Personal Information to the extent required by applicable law.    

Newbold will retain your Personal Information as long as necessary to fulfill the Purposes outlined in this Policy and in accordance with applicable law.

Use of Website by Minors.

Newbold’s website and services are not directed to children or any individuals under the age of 18, and Newbold does not knowingly collect Personal Information from children. If a parent or legal guardian becomes aware that his or her child has provided Newbold with PI without their consent, the parent or legal guardian should contact Newbold at webmaster@newboldadvisors.com, and Newbold will take steps to delete any such Personal Information.

Communicating With You Electronically.

By using the Site and providing your Personal Information, you agree that Newbold can communicate with you electronically. This includes any required notifications (i.e., legal, technical, regulatory, security, privacy) relating to your use of the Site or Newbold’s services.

Where required by law, Newbold will seek your express consent to send electronic messages. You may withdraw your consent by contacting us at the address listed below, or by e-mailing webmaster@newboldadvisors.com. 

How to Contact Newbold.

If you have any questions about this Privacy Policy, about the Site, or want to request access to, correction, or deletion of your Personal Information, or have a privacy-related complaint or question, please either contact Newbold by email at webmaster@newboldadvisors.com or write to us at

Newbold Advisors, LLC

Attn: Webmaster

25400 US Hwy. 19 N., #124

Clearwater, FL  33763

 

California Consumer Privacy Policy

Effective Date: August 1, 2021

Important Information for California Residents

This California Consumer Privacy Policy sets out the principles governing Newbold’s use and protection of personal information that individuals and clients share with us, as well as describing the rights of individuals regarding their personal information for residents of the State of California. This California Consumer Privacy Policy applies to Newbold’s data collection and use through this website and through its domestic operations in the United States and is incorporated by reference into Newbold’s Privacy Statement and Notice of Privacy Practices.

Rights of California Residents

The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with specific rights regarding their personal information. This section describes those rights and explains how to exercise them.

 

  1. Disclosure of Personal Information We Collect About California Residents

You have the right to know:

  1. The categories of personal information we have collected about you;
  2. The categories of sources from which the personal information is collected;

iii. Our business or commercial purpose for collecting or selling personal information;

  1. The categories of third parties with whom we share personal information, if any; and
  2. The specific pieces of personal information we have collected about you.

Please note that we are not required to:

  1. Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
  2. Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or

iii. Provide the personal information to you more than twice in a 12-month period.

  1. Disclosure of Personal Information of California Residents Sold or Used for a Business Purpose

Please be aware that Newbold is not currently in the business of selling personal information. Nevertheless, in connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:

  1. The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
  2. The categories of personal information that we disclosed about you for a business purpose.
  3. California Residents’ Right to Opt-Out of the Sale of Personal Information

Under the CCPA, you have the right to opt-out of the sale of your personal information. Please be aware that Newbold is not currently in the business of selling personal information. Nevertheless, if you exercise your right to opt-out of the sale of your personal information, we will add you to a “Do Not Sell List.”

  1. California Residents’ Right to Deletion

You have the right to request that we delete any of your personal information that Newbold collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

Please note that we may not delete your personal information if it is necessary to:

  1. Complete the transaction for which the personal information was collected, provide a good or service requested by you or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform services under a contract;
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity;

iii. Debug to identify and repair errors that impair existing intended functionality;

  1. Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  2. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
  3. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

vii. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

viii. Comply with an existing legal or contractual obligation; or

  1. Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
  2. California Residents’ Protection Against Discrimination

You have the right to not be discriminated against by us because you exercise any of your rights under the CCPA. This means we cannot, among other things:

  1. Deny goods or services to you;
  2. Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

iii. Provide a different level or quality of goods or services to you; or

  1. Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you if that difference is reasonably related to the value provided to you by your personal information.

Submitting Requests by California Residents

Requests to Know, Requests to Delete and Do-Not-Sell (Opt-out) Requests* may be submitted by either:

  • E-mailing Newbold at webmaster@newbolddadvisors.com
  • Writing to Newbold at

Newbold Advisors, LLC

Attn: Webmaster

25400 US Hwy. 19 N., #124

Clearwater, FL  33763

 

 *Please note that Newbold is not in the business of selling Personal Information.

 

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify your identity or authority to make the request.

Response to California Residents, Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Collection of Personal Information of California Residents

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”).

Categories of Personal Information Collected on California Residents

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category

Examples

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, identification badges with photograph(s), or other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

 

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

D. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

E. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

F. Geolocation data.

Physical location or movements.

G. Sensory data.

Audio, electronic, visual, or similar information.

H. Professional or employment-related information.

Current or past job history or performance evaluations.

I. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

J. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Newbold does not collect commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

This section on the rights of California residents does not address or apply to Newbold’s handling of:

  • Publicly available information from government records;
  • De-identified or aggregated consumer information;
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994;
  • Personal information we collect about job applicants, independent contractors, or current or former full-time, part-time and temporary employees and staff, officers, directors or owners of Newbold; and
  • Personal information about individuals acting for or on behalf of another company, to the extent the information relates to our transactions with such company, products or services that we receive from or provide to such company, or associated communications or transactions (accept that such individuals have the right to opt-out of any sale of their personal information and to not be subject to any discrimination for exercising such right).

Sources of Information Collected on California Residents

We collect personal information directly from you, as well as automatically related to your use of our websites and other services, and from third parties. For example, we collect personal information:

  • From any form you may complete and submit through our website;
  • From the content of surveys that you may complete;
  • From ‘cookies’ and other similar tools deployed on parts of our websites that can only be accessed by authenticated users who are logged into the website (for further information regarding cookies used on our websites, please see Privacy Policy);
  • When you provide information as a client in connection with us providing professional services to you;
  • From other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected), and from other third parties; and
  • From or on behalf of clients when we provide professional services, which could include personal information about their employees, benefits recipients, insureds, etc.

Purposes of Collecting Information on California Residents

Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The table above sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect and disclose to others for a business purpose. We collect these categories of personal information from the sources described in the Sources of Information Collected section above, and for the following purposes:

  • Contract administration;
  • Executing and performing our client engagements;
  • Providing various professional services to our clients;
  • Activating and maintaining client accounts;
  • Fulfilling requests for or responding to inquiries about our products or services;
  • Analyzing how our websites are used and how they are performing;
  • Performing business development analysis;
  • Providing offers and information to you (as permitted by law) about products, services, or events offered by us or that we think may be of interest to you;
  • Facilitating the recruitment process; and
  • To complete processes necessary to act as an employer

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information of California Residents

We may disclose your personal information to a third party for a business purpose.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose: Categories A-J in the above table.

We disclosed your personal information for a business purpose to the following categories of third parties:

  • Service providers and independent contractors we use to help deliver our products and/or services;
  • Other third parties we use to help us run our business, such as marketing agencies, website hosts, technical security solutions;
  • Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;
  • Our insurers and brokers; and
  • Our banks

We may disclose your personal information in response to subpoenas, court orders, or other lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose personal information in order to enforce or apply our rights and agreements, or when we believe in good faith that disclosing this information is necessary or advisable, including, for example, to protect the rights, property, or safety of our businesses, our websites, our customers, our users, or others, as permitted under the applicable laws, or as otherwise required by law or by government and regulatory entities. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Changes to Our California Privacy Disclosures

We reserve the right to amend these California specific privacy disclosures at our discretion and at any time.  Newbold therefore asks all concerned California residents to check it occasionally to ensure that you are aware of the most recent version.

Newbold Terms and Conditions of Use

Last Modified: August 1, 2021

  1. Acceptance of the Terms of Use

These Terms and Conditions of Use (“Terms of Use”) are entered into by and between you and Newbold Advisors, LLC (“Newbold,” “we,” or “us”). The following terms and conditions govern your access to and use of newboldadvisors.com (the “Site”), any hypertext links to other websites contained on the Site, and other online resources accessible via the Site.

Please read the Terms of Use carefully before you start to use the Site. By using the Site and by clicking “Accept” to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy.  If you do not want to agree to these Terms of Use, you must not access or use the Site. If you are using the Site on behalf of another person, you represent that you are authorized to accept these Terms of Use on that person’s behalf.

  1. Changes to the Terms of Use

We reserve the right, at any time, to modify or update these Terms of Use. Modifications shall become effective immediately on being posted on the Site. Your continued use of the Site after amendments are posted constitutes acceptance of the Terms of Use and its modifications. You are expected to check this page each time you access this Site so you are aware of any changes.

  1. Disclaimer of Warranties

You expressly agree that use of the Site, including browsing, downloading, and otherwise obtaining content from the Site, is at your sole risk. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive codes. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.

The Site and its content is provided on an “as is” and “as available” basis and “with all faults.” To the fullest extent permitted by applicable law, Newbold makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site or its content in terms of its correctness, accuracy, reliability, or otherwise.

Newbold shall have no liability for any interruptions, errors, computer viruses, or other harmful components in the use of this Site. NEWBOLD DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE, WEBSITE CONTENT, AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE WEBSITE AND WEBSITE CONTENT. NEWBOLD DOES NOT WARRANT THAT ANY WEBSITE CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, WEBSITE CONTENT, OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Limitations of Liability

IN NO EVENT SHALL NEWBOLD OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE, THE SERVICES FOUND AT THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, ANY VIRUSES, WORMS, BUGS, OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR FROM THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, ANY USER CONTENT, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF NEWBOLD OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Newbold’s liability is limited to the greatest extent permitted by law. You also specifically acknowledge that in no event shall Newbold’s total aggregate liability to you exceed the total amount paid by you for the particular product or services that are the subject of your claim against Newbold, if any.

  1. Warranty and Indemnification

You warrant and represent that your use of the Site will comply with these Terms of Use.

You further warrant and represent that all content added to the Site by or at the behest of you or your agents or representatives, including, without limitation, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content. 

You agree to defend, indemnify, and hold harmless the Newbold, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, regulatory fines, judgments, awards, losses, costs expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to your User Content; or infringement by you or other user of the Site using your computer, of any intellectual property or any other right of any person or entity; or any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use; or your use of any information obtained from the Site.

You will cooperate as fully as reasonably required in the defense of any claim. Newbold reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Newbold’s written consent.

  1. User Content

The Site may contain interactive features that allows users to post, submit, publish, display, or transmit to other users or persons content or materials (“User Content”). The term User Content shall not include the submission of any personal information by job applicants to Newbold. By posting or uploading User Content to this Site, you are granting Newbold permission to use the User Content in connection with the Site. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content. Newbold reserves the right to utilize supplied information for legitimate business purposes and may contact users of the Site, via e-mail or otherwise, based upon the information supplied by such users.

Newbold is not responsible or liable for any User Content on the Site. User Content does not express the views of Newbold. Newbold does not guarantee that it will edit or delete User Content. Newbold has the right, but not the obligation, to monitor User Content. Newbold reserves the right to reveal your identity (or whatever information Newbold knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, Newbold does not claim ownership of the User Content on the Site. You acknowledge that Newbold is not responsible for the accuracy of any User Content and that you and not Newbold are solely responsible for any User Content you post or upload to the Site. Newbold provides this Site for commercial, informational, and promotional purposes only. A purpose of this Site is to provide information about job opportunities and human resources services provided by the Newbold. None of the content or information contained in this Site shall be construed as a contractual offer, for employment or otherwise, by the Newbold. You may not rely on any information and opinions expressed on the Site for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Site. Under no circumstances will Newbold be liable for any loss or damage caused by your reliance on any content on this Site.

You acknowledge that any public forums offered on the Site are for public and not private communications. You are and shall remain solely responsible for the content you post on these forums and the Site and for the consequences of submitting and posting the same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Site is at your own risk.

Newbold may discontinue operation of the Site, or your use of the Site, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User Content on the Site, and Newbold has no obligation to return your User Content or otherwise make it available to you.

The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant Newbold the rights set forth above without obligations or liability to any party, you agree to promptly provide Newbold with the proper information pursuant to the procedures outlined in Newbold’s Intellectual Property Policy.

  1. Compliance with Laws and Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use.

You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Site in any way that violates applicable state, federal, or international laws or regulations including, without limitation, the CAN-SPAM Act of 2003, or other government requirements.

You shall not post, submit to, advertise, display, or transmit through the Site any material that:

  • Violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right, whether of Newbold or of any other person or entity;
  • Impersonates another person or entity or is unlawful, threatening, abusive, defamatory, untrue, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable;
  • Constitutes, enables, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
  • Includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
  • Contains a formula, instruction, or advice that could cause harm or injury;
  • Is a chain letter, “spam,” data mine, or “bot” of any kind, or facilitates mail abuse or unsolicited email of any type;
  • Violates these Terms of Use or Newbold’s Privacy Policy, including, without limitation, using e-mail addresses for any purpose other than the transaction of business on the Site;
  • Restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Newbold or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any device, software, or routine that interferes with the proper working of the Site;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  1. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Newbold, its licensors, and other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to these Terms of Use, Newbold grants you a non-exclusive, non-transferable, limited right to access, use, and view this Site and the information thereon, including, without limitation, all text, software, scripts, source code, API, files, designs, graphics, drawings, illustrations, images, photographs, video clips, music and sounds, interactive features and/or other materials and all trademarks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the “Site Content”), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, download, modify or attempt to modify or create derivative works from the Site Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Site Content for any public or commercial purpose, including, without limitation, use of the Site Content on any other website or in any environment of networked computers, or transfer the Site Content to any other person without the prior written explicit consent of the Newbold. Except as expressly provided herein, no license to use or reproduce the Site Content is given to you and all intellectual-property rights therein are expressly reserved. Systematic retrieval of data or other Site Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from the Newbold is prohibited.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes;
  • You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site;
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you breach this Intellectual Property Rights section or any other portion of these Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any infringing copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Newbold. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Newbold name, the Terms of Use, the Newbold logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Newbold or its affiliates or licensors. You must not use such marks without prior written permission of the Newbold. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

If you encounter a Site that you believe violates these Terms of Use, please email webmaster@newboldadvisors.com to report such violation.

  1. Monitoring and Enforcement; Termination

Newbold expressly reserves the right to terminate and/or refuse any and all service to you for violation of any of these Terms of Use, such termination or refusal to be determined in Newbold’s sole discretion. Newbold expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) the Site for any reason (as determined by Newbold in its sole and absolute discretion), including, without limitation, the following: (i) to correct mistakes made by Newbold in offering or delivering any services, (ii) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (iii) to comply with requests of law enforcement, including subpoena requests, (iv) to comply with any dispute resolution process, (v) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vi) to avoid any civil or criminal liability on the part of Newbold, its officers, directors, employees and agents, as well as Newbold’s affiliates, including, without limitation, instances where you or any third party has sued or threatened to sue Newbold with regard to the Site.

  1. Denial of Access

Newbold, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Site. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Site upon issuance of a denial.

  1. Privacy Policy

Registration data, if any, and other information about you is subject to Newbold’s Privacy Policy. By using the Site, you consent to the collection and use of this information in accordance with the Privacy Policy.

  1. Restrictions on Use by Minors

If you are under 18, you may use this Site only under the supervision of a parent or legal guardian. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Newbold.

This Site is not intended or designed to attract children under the age of 13. Newbold does not collect personally identifiable information from any person Newbold actually knows is a child under the age of 13.

  1. Modifications and Interruption of Service

Newbold will in good faith endeavor to provide uninterrupted service to the Site, but you acknowledge and accept that Newbold does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Newbold’s control.

  1. Third Parties and Third-Party Sites

The Site may include links to other sites on the Internet that are owned, operated, and/or maintained by online merchants and other third parties or advertisements by third parties. You acknowledge that Newbold is not responsible for the availability of, or the content located on or through, any third-party site and that your use of these third-party sites is at your own risk and that it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Newbold is not responsible for the content, operation or privacy practices of these other websites, nor does it operate, control, or endorse the content found on these third-party websites. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.

Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Newbold is not responsible therein. If a third-party links to the Site, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with Newbold or the Site. Newbold makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall be at your own risk. You assume sole responsibility for your use of third-party links. Newbold is not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

If there is a dispute between persons accessing the Site or between persons accessing the Site and any third party, you understand and agree that Newbold is under no obligation to become involved. If there is such a dispute, you hereby release Newbold and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

The Newbold strictly prohibits any further linking to the Newbold’s Site and shall pursue all legal remedies should any unauthorized linking occur. Any further linking to the Newbold’s Site must be approved with the expressed written consent of an authorized representative of the Newbold.

  1. Other Terms

If any provision of these Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between Newbold and you in relation to the Site. Newbold’s failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The Privacy Policy is a binding part of these Terms of Use, and together with these Terms of Use constitute the entire agreement between Newbold and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.

About Newbold

Newbold Advisors, LLC is a consulting and professional services company serving institutional clients in the private and public sectors.

The firm’s mission is to deploy qualified people at competitive rates to achieve tangible results. Our goal is to earn every client’s trust by delivering results with integrity.

Headquarters Office

25400 US 19 N. #124
Clearwater, Florida 33763
info@newboldadvisors.com
+1 (727) 535-2102

© Copyright 2021 Newbold Advisors