Terms of Use

We reserve the right, at any time, to modify, alter, or update these Terms of Use, and You agree to be bound by such modifications, alterations, or updates (“Modification”). Such Modification will be effective immediately upon notice to You, which notice may be given by any means, including, but not limited to, posting on the Websites and electronic or conventional mail. Your access and use of the Websites following any such Modification constitutes Your agreement to accept and comply with these Terms of Use as modified.

These Terms of Use apply to all users of the Websites. As a user, You represent and warrant that You either have reached the age of majority in Your jurisdiction of residence, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, You affirm that You are over the age of thirteen (13), and acknowledge that while the Websites may sell products intended for use on children, the Websites themselves are not intended for use or viewing by children under thirteen (13).

All information We collect on the Websites is subject to Our privacy policy, located at https://newman-medical.com/privacy-policy (the “Privacy Policy”). By using the Websites, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policy.

1. GRANT AND RESTRICTIONS ON USE

   All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thereof (collectively, “Site Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by Newman Medical. Except as expressly provided in these Terms of Use, no license to use, copy, distribute, republish, transmit or otherwise exploit any Site Content is given to You and all intellectual property rights in and to the Site Content are expressly reserved to Newman Medical. Nothing on the Websites shall be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any Newman Medical trademark or Site Content without Our written permission. Neither the name of Newman Medical nor Our logo may be used in any way without Our prior written permission. You are not authorized to use Our logo as a hyperlink to the Websites without Our prior written permission.

2. PURCHASES

   The Newman Medical Website provides information on how to place an order, check order status and shipping, returns and refunds, warranty registration and more.

   All purchases of items offered for sale on the Newman Medical Website are transacted and fulfilled by Our distributor and subject to Our distributor’s terms of sale, which may be found on their websites.

3. ACCOUNTS

   For certain aspects of the Websites, You may be asked to register an account. In the event You agree to register an account, You will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to You, and You must not share it or allow any other person to use it. You may never use another’s account without permission. You are responsible for maintaining the confidentiality of Your username and password and are fully responsible for all activities that occur under Your username and password. You agree immediately to notify Us in the event Your registration information changes or You learn of or have reason to suspect any unauthorized use of Your account or any other breach of security. You also agree that You will provide truthful and accurate information during the registration process. We may refuse to grant a particular username to You for any reason.

4. FEEDBACK AND SUBMISSIONS

   If You submit comments, ideas, or feedback to Us through the Websites or otherwise, You agree that We can use them without any restriction or compensation to You. We do not waive any rights to use similar or related comments, ideas or feedback previously known to Us, developed by Us, or obtained from sources other than You.

5. ACCEPTABLE USE

   You are prohibited from transmitting any individually identifiable and/or sensitive information over the Websites, including, without limitation, any information about You or another person that communicates biometric or health data; government-issued identification number including social security number, driver’s license number or state-issued identified number; credit or debit card number (except to the extent used to make a purchase), bank account or other financial information; information that is deemed sensitive under applicable law; and information concerning trade union membership, sexual orientation, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin and other sensitive matters. You are also prohibited from: (i) using the Websites to send or post harassing, abusive, or threatening messages; (ii) transmitting through the Websites any information, data, text, files, links, software, or other materials (including hidden pages, links or images) that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, discriminatory or otherwise objectionable, or that solicit other users’ passwords or personal information for commercial or unlawful purposes, provide instructions for the conduct of illegal activities, or threaten Our relationships with Our partners, customers or suppliers; (iii) impersonating any person, or misrepresenting Your identity or affiliation with any person or organization; (iv) disrupting the normal flow of the Websites, including any dialogue on the Websites, or otherwise acting in a manner that negatively affects other users; (v) sending spam or other direct marketing communications, or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, provincial, national or international law, including, but not limited to, any regulations having the force of law; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism; (viii) using any robot, spider or other automatic program or device, or manual process, to monitor, copy, summarize, or otherwise extract information (including Site Content) from the Websites, in whole or in part, including, without limitation, creating any frames at any other website pertaining to any portions of the Websites; and (ix) infringing any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person, or violating the legal rights (including the rights of publicity and privacy) of others.

6. ACCESS AND ACCOUNT TERMINATION

   We reserve the right to deny, revoke, or terminate access to Your account or the Websites or any part thereof at any time in Our sole discretion, with or without cause and without notice to You.

7. THIRD PARTY LINKS

   The Websites may contain links to third party websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the contents of such websites, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to the Websites, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

8. DISCLAIMER OF WARRANTIES

   You understand that We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Websites will be free of viruses or other destructive code. 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, and for maintaining a means external to Our site for any reconstruction of any lost data. Newman Medical WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL AS A RESULT OF YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

   YOUR USE OF THE WEBSITES, THEIR SITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR SITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Newman Medical NOR ANY PERSON ASSOCIATED WITH Newman Medical MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER Newman Medical NOR ANYONE ASSOCIATED WITH Newman Medical REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR SITE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

   Newman Medical HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. LIABILITY

   IN NO EVENT WILL Newman Medical, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY SITE CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. DISPUTE RESOLUTION; GOVERNING LAW AND JURISDICTION

    Dispute Resolution Generally. By using, making a purchase through, or otherwise interacting with the Websites, You agree to that to the extent permissible by applicable law: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Websites, or any services or items obtained through the Websites, shall be resolved individually without resort to any form of class action; and (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, but in no event attorneys’ fees.

    Governing Law & Jurisdiction. All disputes in connection with Websites and any services or items obtained through the Websites shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the State of Colorado in the state or federal courts in Onondaga County, New York and You consent to the exclusive jurisdiction of such courts.

11. WAIVER; SEVERABILITY

    No waiver of by Newman Medical of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Newman Medical to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

12. ENTIRE AGREEMENT

    These Terms of Use, the Privacy Policy, and the Newman Medical Website Additional Terms constitute the sole and entire agreement between You and Us with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

    PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE.