NEWPORT SCIENTIFIC, INC.
8246 Sandy Court, Suite E
Jessup, MD 20794
Phone: 301-498-6700
Fax: 301-490-2313
Email: sales@newport-scientific.com
This Terms of Use agreement ("TOU") sets forth the terms, conditions and guidelines for use of the newport-scientific.com Website (the "Site") and the services offered on it. This TOU constitutes a legally binding agreement between the user ("you" or "your"), on the one hand, and Newport-Scientific, Inc. ("NSI") on its own behalf and on behalf of its owners, directors, officers, employees, affiliates, suppliers and providers (collectively "we", "us" or "our"), on the other hand. Please read this TOU carefully before using the Site or activating an account with us. By using the Site or completing a purchase, you acknowledge that you have read this TOU, understand it and agree to be bound by its terms, conditions and guidelines, as we may amend from time to time by posting a revised TOU on the Site.
Privacy
Our use of your personal information collected on the Site is governed by the terms of our Privacy Policy. Our Privacy Policy sets forth our sole obligations with respect to user data and privacy.
Trademarks
www.NewportScientific.com is a domain name owned by Newport Scientific, Inc. of Jessup, Maryland. Superpressure and Hygrodynamics are each a registered trademark of Newport Scientific, Inc. You may not make any use of these domain names, trade marks, or any other trademarks, service marks, logos, tradenames, design marks, slogans and all related product and service names (collectively, "Protected Materials") appearing on our Site without our express written permission. We retain all ownership in and good will associated with all such Protected Materials.
Copyright
We and all of our suppliers retain all right, title and interest in and to all Protected Materials, as well as all content (and all compilations thereof), including without limitation, any text, music, sound, photographs, video, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, databases or software, that appears on the Site (the "Content"). The Content is protected by U.S. and international copyright law. No right, title or interest to any of the Content is transferred to you by your use of the Site.
You may access and view the Content solely for personal, noncommercial purposes. You may copy limited portions of the Content solely by page caching or printing and solely for personal, noncommercial use, provided that (i) you do not make such Content available to any third party and (ii) you do not remove any proprietary notice from such Content, or alter the Content in any way. You may not: modify, delete, add to, or create derivative works of the Content. You may not publish, distribute, transmit, broadcast or frame the Content in any manner; copy or post the Content for public display; collect, re-purpose or reuse any data or product listings contained in the Content; sell or attempt to sell the Content; exploit the Content for your own purposes; or make derivative use of the Site or its Content. In addition, you agree not to rely on any Content created or posted by us.
Warranty Disclaimers
(i) THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(ii) Without limitation on the foregoing:
WE DO 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. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
We make no representations or guarantees regarding the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
Damage Limitations, Allocations of Liability and Equitable Relief
(i) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE RESUMES YOU E-MAIL OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(ii) IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST SALES/PURCHASES 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, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(iii) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF 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 OUR MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $50.00 IN THE AGGREGATE.
(iv) Due to the nature of this TOU, in addition to money damages, we will be entitled to equitable relief upon a breach of this TOU by you.
Jurisdiction
You agree that this TOU, for all purposes, shall be governed by and construed in accordance with the laws of the State of Maryland and the United States applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this TOU must be brought in a state or federal court in Maryland. In addition, you agree to submit to the exclusive personal jurisdiction and venue of such courts.
Force Majure
We shall not be liable for delays in performance or failure to perform under this TOU or any obligations hereunder, which are directly attributable to causes beyond our reasonable control including, but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.
Amendments and Corrections to Content
We do not guarantee the accuracy, completeness or reliability of information appearing on the Site. The Site may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct or update errors or omissions and to change information at our discretion without prior notice. We also reserve the right to cancel an order for a product in the event of an error or omission in the description of such product, including incorrect pricing information, whether due to a typographical error, an error in information received from our suppliers, or otherwise. By using the Site, you agree to hold us harmless from any claims relating to error or omission on our Site.
User Responsibilities
You agree that all billing and registration information you provide on the Site will be accurate and complete. Your provision of inaccurate or incomplete information constitutes a material breach of this TOU, and thus subject to the "Indemnity" provisions set forth below.
Prohibited Uses
You agree to use the Site and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of the Site in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. WE EXPRESSLY PROHIBIT ANY UNAUTHORIZED THIRD PARTY LINKING TO newport-scientific.com, including links to the home page or any other page on the newport-scientific.com domain.
Indemnity
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by or attributed to any third party due to or arising out of any incorrect or inaccurate information provided to us by you or from your use of the Site or any related services, any contributed Content, your violation of the TOU, or your violation of any third-party rights including, without limitation, the infringement by you of any intellectual property rights, privacy rights, or other rights of any person or entity.
Violation of TOU
Please also note that at any time, if we determine that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, or any applicable law, we reserve the right to terminate or suspend your access to the Site and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Users who violate this TOU may additionally incur criminal and/or civil liability.
Modifications
Please note that we may change this TOU at any time by posting the modified TOU on the Site, or by otherwise notifying you of such change. Use of the Site after such changes are posted constitutes acceptance of all changes.