8246-E Sandy Court
Jessup, MD 20794
(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.
forth our sole obligations with respect to user data and privacy.
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.
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
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.
(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
We make no representations or guarantees regarding the Site, including, but not limited to, broken links, inaccuracies or
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 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.
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.
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
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.
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
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.
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.