Terms and Conditions

Refund Policy

Please review the following refund policy before signing up for a NEWA tournament, and before withdrawing from a NEWA tournament.

TOURNAMENT REFUNDS
Teams may withdraw from tournaments up to 3 weeks prior to the tournament date and receive a full refund (minus processing fees). Less than 3 weeks but greater than 24 hours prior to the tournament date, teams will receive a credit towards a future NEWA events. Within 24 hours of an event, no refunds or credits will be given. All tournament dates are posted on the NEWA Web site in the Schedule section. NOTE: All processing fees are non-refundable.

TOURNAMENT PRIZES:
All advertised tournament prizes are based upon a minimum of 32 teams. In tournaments with less than 32 teams, prizes may be changed.

Users of the bulletin board, chat room, player profiles, league postings, and other sections of the website are expected to adhere to the guidelines below. NEWA may remove any content that violates these Terms and Conditions or is otherwise objectionable, in NEWA's sole discretion. Users who violate these terms are also subject to be permanently banned and blocked from the site.

Please read all of the Terms and Conditions described below before using the bulletin board, and keep in mind the following:

Terms and Conditions
1. Introduction. Please read this Web page carefully. It contains the Terms and Conditions governing your access to and use of the NEWA (New England Wiffle Association) Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site.

2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by NEWA) form a binding agreement between you and NEWA. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

3. Certain Definitions. The following definitions apply to these Terms and Conditions:
"NEWA Web Site" or the "Site" includes www.newazone.com in its entirety and its related sites owned or operated by NEWA, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Site.
"Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
"Document" or "Posting" refers to any posting to the Site.
"Services" means any services provided on the Site by NEWA or its agents.
"User" refers to any individual or entity who uses any aspect of the Site. 
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

4. Acceptable Use of the Site. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions. You agree to comply with the rules for posting, conduct and security on the Site.  NEWA is the sole interpreter of these rules. NEWA reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions.

4.1 Bulletin Board, Player and League Database Posting Rules:
(a) Your posting may not contain: (i) any subject or posting name that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable; (ii) any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity; (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) anything that is embarrassing or offensive to another person or entity; (vi) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); or (vii) chain letters or pyramid schemes.
(b) NEWA is under no obligation to monitor the postings on the Site, but it may monitor postings at random.  Postings found to violate the above Posting Rules may be removed at NEWA's discretion.

4.2 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability. NEWA will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of NEWA or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, NEWA reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site.  "NEWA," the NEWA design logo and certain other names or logos are service marks or trademarks of NEWA, and all related product and service names, design marks and slogans are the service marks or trademarks of NEWA, unless otherwise specified. In addition, the "look" and "feel" of the site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by NEWA's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

6. Disclaimers and Limitations on NEWA's Liability.

6.1 Allocation of Responsibility. NEWA assumes no responsibility for postings by Users and no responsibility for the activities, omissions or other conduct of Users.

6.2 No endorsements by NEWA. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Web site, products, services, events, or otherwise.

6.3 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEWA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. NEWA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR TIMELINESS OF THE SITE. NEWA DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION. 
(b) Without limitation on the foregoing:
(i) NEWA DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. NEWA DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NEWA IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) NEWA makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) NEWA makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL NEWA (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT OR NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, or FROM the USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEWA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN NEWA'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL NEWA (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $200.00.
(e) Due to the nature of these Terms and Conditions, in addition to money damages, NEWA will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

7. Links to Other Sites. NEWA's Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by NEWA of the contents on such third-party Web sites. NEWA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. The LIMITATION described above SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE NEWA BULLETIN BOARD.  SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. If you decide to access linked third-party Web sites, you do so at your own risk.

8. Amendments to this Agreement and Changes to Site. NEWA may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by NEWA unless NEWA agrees to them in a signed writing specifically including those new or different terms. NEWA may change the Site at any time.

9. Indemnity. You agree to defend, indemnify, and hold harmless NEWA (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of these Terms and Conditions. NEWA shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
 
10. General. NEWA contact information is listed on the Site. The NEWA makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access NEWA from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts in the State of Massachusetts. You and NEWA's sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by NEWA in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and NEWA.

The NEWA brand name and logo are copyrights of the New England Wiffle Association and cannot be used without their expressed written permission. “WIFFLE” and their related logos are federally registered trademarks of The Wiffle Ball, Inc., Shelton, CT 06484, and are used with their expressed written permission.