Terms & Conditions

1. Acceptance of these Terms

These Terms and Conditions (“Terms”) govern your access to and use of newaltitude.io and any related pages we operate (the “Site”), which are provided by New Altitude LLC (“New Altitude,” “we,” “us,” or “our”).

By accessing or using the Site you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

Section 12 contains a binding arbitration provision and a class action waiver that affect how disputes between us are resolved. Please read it carefully.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Site. If you use the Site on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you and that organization.

3. The Site and our services

The Site is an informational marketing website describing our lead generation, live call transfer, and data services. Nothing on the Site constitutes an offer to sell, a binding commitment, a guarantee of results, or professional, legal, insurance, or financial advice.

Any purchase of leads, calls, clicks, or data from us is governed exclusively by a separate written agreement - such as an insertion order, master services agreement, or signed proposal - executed between you and New Altitude LLC. Volumes, pricing, filters, delivery methods, return and credit policies, payment terms, and compliance obligations are set out in that agreement. In the event of any conflict between these Terms and such an agreement, the separate agreement controls with respect to the services it covers.

We may change, suspend, or discontinue any part of the Site at any time without notice, and we may restrict or terminate your access to the Site if we believe you have violated these Terms.

4. Intellectual property

The Site and all of its contents - including text, graphics, logos, marks, layouts, design elements, images, and software - are owned by New Altitude LLC or its licensors and are protected by United States and international intellectual property laws. The New Altitude name and logo are our trademarks and may not be used without our prior written permission.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for your own internal business evaluation purposes. All rights not expressly granted are reserved. You may not reproduce, republish, distribute, publicly display, modify, or create derivative works from the Site or its contents without our prior written permission.

5. Acceptable use

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable law;
• Scrape, crawl, harvest, index, or otherwise extract data from the Site by automated means, except by search engines operating in accordance with our robots.txt file;
• Reverse engineer, decompile, or disassemble any part of the Site, or attempt to derive its source code;
• Introduce viruses, malware, or other harmful code, or attempt to gain unauthorized access to the Site, its servers, or any connected system;
• Interfere with or disrupt the operation of the Site, including by overloading, flooding, or denial-of-service activity;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Remove, obscure, or alter any copyright, trademark, or other proprietary notice; or
• Use the Site to develop a competing product or service.

6. Submissions and communications

If you send us ideas, suggestions, feedback, or other materials through the Site or by email, you agree that we may use them for any purpose without restriction, compensation, attribution, or obligation of confidentiality, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to do so. This section does not apply to information covered by a separate non-disclosure or services agreement between us, and it does not apply to personal information, which is handled under our Privacy Policy.

7. Third-party links and content

The Site may link to or incorporate content, libraries, or services operated by third parties. We provide those links for convenience and do not endorse, control, or accept responsibility for third-party sites, content, products, or privacy practices. Your dealings with third parties are solely between you and them.

8. Disclaimer of warranties

THE SITE AND ALL CONTENT ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Any statistics, metrics, case studies, conversion figures, or performance claims shown on the Site are illustrative and reflect results that varied by buyer, vertical, geography, and time period. Past performance does not guarantee or predict future results, and we make no representation that you will achieve comparable outcomes.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NEW ALTITUDE LLC NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF THE LEGAL THEORY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In those jurisdictions our liability is limited to the greatest extent permitted by law. This section does not limit liability arising under a separate written services agreement, which contains its own limitations.

10. Indemnification

You agree to defend, indemnify, and hold harmless New Altitude LLC and its members, managers, officers, employees, and agents from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense.

11. Privacy

Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms by reference. Consumers should note in particular the Do Not Sell or Share My Personal Information section.

12. Binding arbitration and class action waiver

Agreement to arbitrate

Except as set out below, any dispute, claim, or controversy arising out of or relating to the Site or these Terms - including their formation, interpretation, breach, or termination, and whether the claim is based in contract, tort, statute, or otherwise - will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. The arbitration will be seated in Cheyenne, Wyoming, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to decide all issues of arbitrability, and may award any relief a court could award on an individual basis.

Class action and jury trial waiver

YOU AND NEW ALTITUDE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the remainder will proceed in arbitration.

Exceptions

• Either party may bring an individual action in small claims court if it qualifies to be heard there.
• Either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement or misappropriation of intellectual property or confidential information.

30-day right to opt out

You may opt out of this arbitration provision by emailing hello@newaltitude.io with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Include your name, the email address you use with us, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms, and we will not treat it as a reason to refuse to do business with you.

This section survives termination of these Terms and any end of your relationship with us.

13. Governing law and venue

These Terms and any dispute arising out of them are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules and without regard to the United Nations Convention on Contracts for the International Sale of Goods. For any claim not subject to arbitration under section 12, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming, and waive any objection based on inconvenient forum.

14. General

• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed and the remaining provisions will continue in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them freely, including in connection with a merger or sale of assets.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Site, and supersede any prior understandings on that subject.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Survival. Sections that by their nature should survive termination - including intellectual property, disclaimers, limitation of liability, indemnification, arbitration, and governing law - survive.

15. Changes to these Terms

We may revise these Terms at any time by posting an updated version with a new effective date. Changes take effect when posted, and your continued use of the Site after that means you accept the revised Terms. If you do not agree to a change, stop using the Site.

16. Contact

Questions about these Terms can be sent to hello@newaltitude.io or (817) 539-8478.