TERMS & CONDITIONS

THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF NEWTOPROOF.COM ("WEBSITE") AND THE SERVICES AND PRODUCTS OFFERED THROUGH IT ("SERVICES"). PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITE. AS TECHNOLOGY AND LEGAL REGULATIONS FREQUENTLY EVOLVE, WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF ANY NEW OR REVISED PROVISIONS POSTED.

Using the Website and Ordering Products

Eligibility

Our services are designed for individuals who can legally enter into binding agreements under applicable laws. Membership is established when a consumer engages in a purchase agreement for products available on the Website.

Our platform is open to users who meet the legal requirements to participate in financial transactions. It is the user's responsibility to comply with all local laws and regulations when accessing and using our services.

Compliance

When using the Website, you agree to follow all terms and conditions outlined in these TOS, along with any referenced policies and applicable laws, regulations, and rules.

License and Restrictions

Under these TOS, you are granted a non-exclusive, limited right to access and use the content and materials on the Website as intended.

You may not use any third-party intellectual property without prior written permission from the rightful owner, except where legally allowed. The Website maintains full ownership of its intellectual property rights, and no additional rights are transferred to you beyond what is explicitly granted in these TOS.

Unless explicitly permitted, you may not:

  • Copy, distribute, display, perform, modify, create derivative works from, or sublicense any content or materials from the Website.
  • Use the Website or its content for unauthorized purposes.
  • Attempt to reverse engineer, alter, or interfere with the technology used to provide the Services.

Prohibited Conduct

When using the Website and its Services, you agree not to:

  • Infringe on Intellectual Property Rights – Do not violate any patent, trademark, copyright, trade secret, right of publicity, or any other legal rights of others.
  • Engage in Harmful or Disruptive Behavior – Refrain from defaming, abusing, harassing, stalking, or otherwise interfering with any individual’s use of the Website or linked sites.
  • Tamper with the Website or Services – Do not introduce viruses, malware, bots, Trojan horses, denial-of-service attacks, spoofing, or any other harmful code or technology that could damage or disrupt the Website or its Services.
  • Misrepresent Yourself – Avoid using another user’s account, impersonating individuals or entities, misrepresenting affiliations, or creating and using false identities.
  • Attempt Unauthorized Access – Do not try to gain access to restricted areas of the Website or any unauthorized accounts.
  • Engage in Unsolicited Communications – Refrain from sending spam, chain letters, junk mail, or any other type of unsolicited solicitation.
  • Collect User Information Without Consent – Do not gather information about other users manually or through automated processes without their explicit permission.
  • Use Hidden Tags or Misuse Website Branding – Do not use meta tags or any hidden text incorporating the Website name, trademarks, or product names without authorization.
  • Engage in Unauthorized Commercial Activity – Do not advertise, offer to sell, or sell goods and services on the Website unless explicitly permitted.
  • Disrupt Other Users' Experience – Avoid actions that interfere with or diminish any third party’s ability to use and enjoy the Website and its Services.
  • Assist in Violations – Do not aid or support others in engaging in any conduct prohibited under these TOS.

Violating any of these guidelines may result in account suspension, termination, or legal action.

Other Users

If you notice any behavior that violates these TOS, we encourage you to report it to us. While we reserve the right to review and take action as necessary, we are not obligated to respond to every report.

Your Content

License

By posting, storing, or transmitting content on or through the Website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, and sublicensable license to use, copy, display, perform, create derivative works from, distribute, and transmit such content in any format and through any media—now or in the future—anywhere in the world. This ensures flexibility in how content is shared and utilized. You also waive any claims related to moral rights or similar legal considerations, if applicable.

Content Responsibility

The Website is a platform where users can share and interact with content. Each user is responsible for their contributions and interactions with others. While we strive to create a positive environment, we do not oversee all user-generated content.

We may review and manage content to maintain a welcoming experience for all users. This may include addressing content that is deemed inappropriate, offensive, or misaligned with these TOS. Our goal is to support a respectful and engaging community for everyone.

Accuracy of Information

We strive to provide complete and accurate information on the Website. However, occasional typographical errors, pricing discrepancies, or other inaccuracies may occur. While we make every effort to maintain accuracy, we cannot guarantee that all information is error-free.

We reserve the right to:

  • Modify or update any content, including product details, pricing, and promotions.
  • Correct errors, inaccuracies, or omissions as needed.
  • Adjust or revoke any offers presented on the Website.

Our goal is to keep the information as up-to-date and reliable as possible for a seamless user experience.

Fraud Prevention

We prioritize the security of transactions and may take action if fraudulent activity is suspected. While we are not obligated to do so, we reserve the right to monitor, report, and take necessary measures to prevent credit card fraud.

To ensure the authenticity of orders, we may request additional verification, such as a phone confirmation or other supporting information. If fraud is suspected, we may:

  • Cancel, delay, or refuse to process an order.
  • Recall shipments before delivery.
  • Collect relevant data, including time, date, IP address, and other details, to identify and prevent fraudulent activities.

If an order appears fraudulent, we may, at our discretion, share relevant records with law enforcement agencies or financial institutions, with or without a subpoena, to assist in investigations. We are committed to cooperating with authorities to maintain a safe and secure transaction environment.

Intellectual Property Rights

Copyright

All content on the Website, including but not limited to logos, design elements, text, graphics, and other materials, is either owned by us or legally licensed from our suppliers or partners. The arrangement and selection of these materials are also protected. Use of any such content without prior permission is not allowed.

Trademarks

All trademarks, logos, and design elements displayed on the Website are owned by us. This includes page headers, custom graphics, button icons, and scripts, which are considered part of our brand identity. Use of these trademarks, trade dress, or trade names is prohibited without our express written consent.

Third-Party Websites

The Website may include links to third-party websites that are independently owned and operated. We do not control or manage the content, products, or services provided by these external sites. The presence of a link does not imply our endorsement or any affiliation with the operators of those websites.

Since we do not oversee these third-party platforms, you acknowledge that we are not responsible for:

  • The availability, functionality, or operation of external websites.
  • Any content, materials, or information found on or accessed through these sites.
  • How third parties handle or protect your data privacy.

Any interactions, transactions, or participation in promotions with advertisers or third parties featured on the Website—including purchases, payments, and agreements—are strictly between you and the respective advertiser or third party. We are not liable for any loss, damages, or issues resulting from your use of, or reliance on, third-party content, services, or promotional offers.

Comments

Any comments, feedback, suggestions, ideas, or other submissions you provide while using the Website will become our exclusive property. By submitting comments, you assign to us all worldwide rights, title, and interest in any related intellectual property, including patents, copyrights, trademarks, and other proprietary rights. This also includes a waiver of any claims related to moral rights, unfair competition, confidentiality, or implied contracts. If needed, you agree to assist in executing documents to formalize this assignment at our expense.

As the exclusive owner of these rights, we may use, modify, and commercialize any submitted comments without limitations. If you do not wish to transfer such rights, please refrain from submitting comments.

We are under no obligation to:

  • Keep any submitted comments confidential.
  • Provide compensation for comments.
  • Respond to any comments.

Indemnification

You agree to defend, indemnify, and hold harmless the Website, its affiliates, subsidiaries, and their respective directors, officers, agents, members, shareholders, employees, partners, and advertising associates from any claims, liabilities, losses, damages, or expenses—including reasonable attorney fees and legal costs—arising from:

  • Any content you submit, transmit, or share through the Website or its services.
  • Your use of the Website and its services.
  • Your interactions or connections with the Website.
  • Any breach of these Terms of Service.
  • Any infringement of another person's rights.
  • Any failure to fulfill your responsibilities under this agreement.

If indemnification is required, we reserve the right to manage the claim at your expense. Additionally, you may not settle or resolve any claim without our express consent.

DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS

DISCLAIMER OF WARRANTIES

THE WEBSITE, ITS PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING:

  • THE UNINTERRUPTED OR SECURE OPERATION OF THE WEBSITE, SERVICES, OR PRODUCTS.
  • THE ABSENCE OF DEFECTS, INACCURACIES, OR ERRORS.
  • THE ABILITY OF THE WEBSITE, SERVICES, OR PRODUCTS TO MEET YOUR SPECIFIC REQUIREMENTS.
  • COMPATIBILITY WITH YOUR HARDWARE OR SOFTWARE CONFIGURATION.

WE PROVIDE NO WARRANTIES BEYOND THOSE EXPLICITLY STATED IN THESE TOS AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

DISCLAIMER OF FORWARD-LOOKING STATEMENTS

THIS WEBSITE MAY INCLUDE FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATIONS REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENTS. THESE STATEMENTS INVOLVE RISKS AND UNCERTAINTIES, AND ACTUAL RESULTS OR DEVELOPMENTS MAY DIFFER SIGNIFICANTLY FROM THOSE PROJECTED. VARIOUS FACTORS, SOME BEYOND OUR CONTROL, MAY IMPACT THESE OUTCOMES.

PRODUCTS

ALL PRODUCTS ARE COVERED ONLY BY ANY WARRANTIES PROVIDED BY THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, OR SUPPLIERS, AS STATED IN THE PRODUCT PACKAGING. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

ADDITIONALLY, WE ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING FROM PRODUCT DEFECTS OR FAILURES CAUSED BY NORMAL WEAR AND TEAR, MISUSE, ABUSE, MODIFICATIONS, IMPROPER SELECTION, FAILURE TO FOLLOW APPLICABLE CODES, OR MISAPPLICATION.

EXCLUSION OF DAMAGES

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES—INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL—RESULTING FROM THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE UNDERLYING LEGAL BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIMITATION OF LIABILITY TOTAL ARISING FROM OR RELATED TO THESE TOS, INCLUDING CLAIMS INVOLVING THE WEBSITE OR PRODUCTS, WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID FOR THE PRODUCTS.

Force Majeure

You acknowledge that if the Website is unable to provide products due to circumstances beyond its control (force majeure event), it will not be considered a breach of these Terms of Service.

A force majeure event includes any unforeseen occurrence that prevents the Website from fulfilling its obligations. The Website will not be liable under contract, warranty, tort (including negligence), or any other legal theory for any failure to perform its duties caused by such events.

Domestic Use

The Website is operated from within the United States of America, and we do not guarantee that its content, products, or services are suitable or accessible in other locations. Individuals accessing the Website from outside the United States do so at their own discretion and are responsible for complying with any applicable local laws.

Additionally, United States export control laws restrict the export of certain technical data and software to specific regions. No content from the Website may be downloaded or distributed in violation of U.S. law.

Arbitration

Any disputes arising from or related to these TOS, including their formation, performance, or any alleged breach, as well as your use of the Website, will be resolved exclusively through confidential binding arbitration. The arbitration will be conducted in accordance with the Rules of the American Arbitration Association, without restrictions on jurisdiction. The arbitrator’s decision will be final and binding, and the award may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, arbitration under these TOS will be conducted individually and will not be combined with any arbitration involving other parties, whether through class arbitration or any other process.

Notwithstanding the above, we retain the right to seek injunctive or equitable relief in any state or federal court if necessary to enforce these TOS or prevent infringement of third-party rights. In such cases, all parties agree to submit to the jurisdiction of the relevant court.

Waiver of Class Action Rights

BY AGREEING TO THESE TOS, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. ANY CLAIMS ARISING UNDER THESE TOS MUST BE PURSUED INDIVIDUALLY.

Limitation of Actions

You agree that any claim or legal action arising from or related to your use of the Website must be initiated within one calendar year from the date the issue arises. Failure to do so will result in the claim being permanently barred, regardless of any statute or law to the contrary.

Modification of Terms of Service

We reserve the right to update or modify these Terms of Service at any time. Your continued use of the Website will be subject to the terms in effect at the time of your access. The latest version of the Terms of Service will always be available on this page for reference.

Termination

We reserve the right to revoke your access to the Website if we reasonably determine that you have violated any terms outlined in these TOS. If your access is terminated, you will no longer be permitted to use the Website, and we may, at our discretion, cancel any outstanding product orders.

To prevent unauthorized access after termination, we may implement necessary measures, including but not limited to technological restrictions, IP mapping, or contacting your Internet Service Provider.

These TOS will remain in effect indefinitely unless we choose to discontinue them, regardless of whether your account is terminated by you or us, or whether you retain access to the Website.

Integration

These TOS represent the complete agreement between you and us regarding your use of the Website and replace any prior or concurrent agreements or understandings related to it.

Additional Terms

These TOS are binding on all parties involved, including their successors and permitted assigns. They are governed by and interpreted in accordance with applicable U.S. laws, without regard to conflict of law principles.

You may not assign or transfer any of your rights or obligations under these TOS without prior written consent from us. Any failure or delay in exercising a right, power, or privilege under these TOS does not constitute a waiver, nor does a partial exercise prevent further enforcement of that or any other right.

These TOS do not create an agency, partnership, joint venture, or employer-employee relationship. You are considered an independent contractor in all interactions related to the Website and its services.

If any provision of these TOS is found to be invalid or unenforceable, the remaining provisions will continue to be fully valid and enforceable.

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