Welcome to NewGen Science
NewGen Science., a California corporation (“NewGen Science,” “we,” “our,” “us”), operates the website located at the URL www.newgenscience.com. These Terms of Use “Terms”) govern your access and use of the Website, along with our related websites, mobile applications, and other services (collectively, the “Properties”). These Terms are a legally binding contract between you and NewGen Science regarding your use of the Properties. These Terms of Use are also incorporated by reference into our Privacy Policy.
BY USING OUR WEBSITE, CREATING AN ACCOUNT, LOGGING INTO YOUR ACCOUNT, OR BY BROWSING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PROPERTIES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE PROPERTIES AND YOU MUST IMMEDIATELY STOP ACCESSING THE PROPERTIES.
Your access to and use of the Properties are subject to your continued compliance with these Terms and all applicable laws. Your right to access and use the Properties will terminate immediately, without any further action by NewGen Science, if you breach these Terms.
We are pleased to grant you a non-exclusive, revocable, limited license to use the Properties solely for your personal and non-commercial use. You may only use the Properties in the manner in which the Content (as defined below) you access is intended and in compliance with these Terms and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products, or services contained with the Properties without the express written consent of NewGen Science. You may not use the Properties or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms are reserved and retained by NewGen Science and/or its Content providers. The licenses granted by NewGen Science terminate if you do not comply with these Terms and/or any other Properties terms and conditions.
By using the Properties, you represent that you are not a person barred from using the Properties under the laws, rules and regulations of the United States, your place of residence, or any other applicable jurisdiction. No other rights, assignment, licenses, or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee,
franchisor-franchisee or otherwise, either express or implied, are created through your use of the Properties unless expressly reserved in these Terms.
You may create an account by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users”) are able to access their accounts through the “Your Account” part of the Properties, manage their email address and shipping addresses, and view their existing or past orders. You do not need to create an account to receive Content or other marketing information via a Subscription or to submit an order to purchase products that may be listed on the Website. To learn more about how we collect and use your information, please see
our Privacy Policy.
By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with NewGen Science; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current, and complete to the extent the Service; and (d) use limited-access portions of the Services only using access credentials that we have issued to you. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. You must notify us immediately of any breach of security or unauthorized use of your Account by filling out a form with our Customer Experience team here with “Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. NewGen Science will not be liable for any losses caused by any unauthorized use of your account.
NewGen Science reserves the right, in its sole discretion, to terminate your access to the Properties or any portion thereof at any time, without notice. You may terminate your Account at any time by filling out a form with our Customer Experience team here with “Cancel Account” in the subject line or you may unsubscribe to a Subscription by clicking the “Unsubscribe” link at the bottom of the email, or filling out a form with our Customer Experience team here with “Unsubscribe” in the subject line. Please allow forty-eight (48) hours for termination to take effect. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms will expressly survive termination of these Terms, the cessation of your use of or access to the Properties, termination of your Account,2 and/or cancellation of your Subscription.
In order to make purchases on the Properties, you must be 18 years of age or older, and be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the State of California.
In order to make purchases on the Properties, you will be required to provide information about yourself that is true, accurate, current, and complete in all respects, including your name, address, e-mail address, and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the “Billing” information provided. To learn more about how we collect and use your information, please see our Privacy Policy. In order to make purchases on the Properties, you will also need to have been issued a valid credit/debit card by a bank acceptable to NewGen Science, and have authorized NewGen Science to process a charge or charges on your credit/debit card in the amount of the total purchase price for the NewGen Science products and/or third party products (together, the “Product(s)”) that you purchase.
Products purchased by you must be for personal use or purchased as a gift and may not be re-sold or used for commercial purposes or for any other commercial benefit. In addition, NewGen Science reserves the right to restrict multiple quantities of a Product from being shipped to any one customer or postal address.
NewGen Science reserves the right to determine the price of products sold throughout the Properties. Unless otherwise indicated, prices shown on the Properties are in U.S. Dollars and are exclusive of taxes. Sales tax will only be charged on orders when applicable.
All prices and offers remain valid as advertised from time to time, except in cases of patent error as set forth below. If the price for a Product in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price.
While every effort is made to ensure that details on the Properties are accurate, we may from time to time discover an error in the pricing of Products. If we discover an error in the pricing of a Product in your order, we will notify you as soon as possible. We will not be under any obligation to accept or fulfill an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will e-mail or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you or your credit/debit card company has already paid for the Product(s), we will refund the full amount as soon as reasonably practicable. In the event that Products are recalled in transit, we will process your refund once the Products have been returned to us.
If you are a customer whose credit/debit card is not denominated in U.S. Dollars, your final price may be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction.
Payment Processing. We accept most major debit and credit cards, as well as third-party payment providers, such as PayPal and AfterPay (depending on jurisdiction, some exceptions apply). For payments through third party payment providers, you may be directed to their website. NewGen Science will not be responsible in any way for payments processed via external third-party payment provider’s sites. It is your responsibility to familiarize yourself with the third-party payment provider’s terms and conditions, and privacy policy.
Once your payment is complete, you will then return to the Properties. Payment will be debited and cleared from your account in full at the time you place your order, including with respect to any pre-order.
We take reasonable care to make our Properties secure. All credit/debit card transactions on the Website are processed using Stripe, a secure on-line payment gateway that encrypts your credit/debit card details in a secure host environment. These details will only be used to process credit/debit card transaction, which you have initiated. We do not store your credit card information on our Website but rely on Stripe to do so. See here for more information on how Stripe protects your information.
We take reasonable care, insofar as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of gross negligence on our part, we cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Properties.
Payment Authorization. You acknowledge and agree that for any payment information you input, the account being used is yours or that you have been specifically authorized by the owner of such account to use it. All credit card account holders are subject to validation and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any non-delivery or delay of orders. Payment will be debited and cleared from your account upon dispatch of your order by NewGen Science. If there is a problem charging your selected payment card, we may charge another valid payment card associated with your account.
By making an offer to purchase Products, you expressly authorize NewGen Science to perform credit checks, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization, and/or to authorize individual purchase transactions.
You agree that we may use personal information that you provide in order to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your personal information and data.
General. NewGen Science, at its sole discretion, may offer promotional pricing, codes, or other offers to you (“Promotions”). Promotions cannot be used on past purchases. Promotions are non-transferable. There is no cash alternative or cash value. Promotions cannot be used in conjunction with other Promotions or offers unless expressly stated otherwise and must be used by the date published, if any. We reserve the right to retract or change any Promotions at any time, without notice. NewGen Science, at its sole discretion, will determine whether a Promotion is combinable with other Promotions or sales. Unless otherwise stated, Promotions are not eligible for NewGen Science product subscriptions. We reserve the right to provide you with operating rules or additional terms that govern certain Promotions we may offer from time to time, unique of aspects of our Properties, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
When placing an order, you must follow the instructions on the Properties as to how to place your order and for making changes to your order before you submit it to us through the Properties. All orders are subject to acceptance and availability. Any Products in ‘Your Bag’ are not reserved and may be purchased by other customers until your order is complete and accepted by us.
NewGen Science offers Products for sale that are in stock and available for shipping. Occasionally however, we may be waiting for shipment from our suppliers. NewGen Science may, in its sole discretion, offer you, from time to time, the opportunity to either (i) place in advance a “pre-order” for such Products, which may ensure that you receive the item on a priority basis once the Products have been delivered to NewGen Science and/or (ii) to register your e-mail address for notification of the arrival of the selected Products not In stock. Your rights regarding pre-orders and waitlisted items are the same as those for any other purchase from NewGen Science.
When you submit an order to us through the Properties, you agree that you do so expressly subject to these Terms at the date you submit your order. You are responsible for reviewing the latest Terms each time you submit an order.
Once you place an order, you will receive an e-mail acknowledging the details of your order. We will not be obligated to supply a Product to you until we have accepted your order for such Product by e-mail in a form called a “Confirmation of Order,” stating that we are accepting your order. An e-mail, letter, fax, or other acknowledgement of your order by us is purely for informational purposes and does not constitute our acceptance of your order. When we send you an acknowledgement, we may give you an order reference number and details of the Product(s) you have ordered.
We may, in our discretion, refuse to accept an order from you for any reason, including if we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, the Product(s) you order are out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in these Terms. From time to time, we may offer you an alternative Product, in which case we will require you to re-submit your order. We will not be liable to you or any third-party by reason of our withdrawing any Product(s) from the Properties, whether or not the Product(s) have been sold; removing, screening or editing any materials or content on the Properties; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun.
Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If you have cancelled your order before we have accepted it, or if we cancel your order at any time for any reason, then we will promptly refund any payment already made by you or your credit/debit card company to us for the order of the Product(s).
If you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately by reaching out to our Customer Experience team here.
The Properties and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of NewGen Science, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
No right, title, or interest in or to the Properties or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Properties that is not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark, and other laws.
In addition to the intellectual property rights mentioned above, for purposes of these Terms, “Content” is defined as all information such as the “look and feel” of the Properties, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video, and audio files on the Properties. NewGen Science tries to ensure that the Content is accurate and complete. Your use of the Properties is at your risk. NewGen Science does not warrant that the functional aspects of the Properties or the Content will be error free or that the Properties, the Content, or the server that makes it available are free of viruses or other harmful components. NewGen Science and its suppliers make no warranties about the Content or about results to be obtained from using the Properties. You bear the entire risk of the completeness, accuracy, or usefulness of any Content found on this Properties.
NewGen Science reserves the right to withdraw, temporarily or permanently, any Content from the Properties at any time and for any reason.Such removal may be immediate and without notice. As an express condition to your use of and access to the Properties, you acknowledge, agree, and confirm that NewGen Science is not liable to you or any third party for any such withdrawal.
Properties Content is selected by our editors and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We do not accept payment from third parties for products or Content to appear on the Properties. From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content, unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or reach out to our Customer Experience team here with “Unsubscribe” in the subject line. If you unsubscribe you will not receive any Content, whether it is Sponsored Content or NewGen Science Content. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors. The third party Content does not necessarily reflect the opinions and views of NewGen Science and we accept no responsibility for any such third party opinions and views.
You may not under any circumstances:
If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit, or otherwise post reviews, ratings, comments, feedback, or other materials on the Properties (“User Generated Material”) that may be accessible and viewable by the public.
With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies.
User Generated Material must not:
We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents, and licensees and other users a worldwide, nonexclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to:
(i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, image, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees, and other monies owing to any person or entity by reason of the User Generated Material that you post on the Properties.
We may refuse, alter, or remove a User Submission without notice for any reason at NewGen Science sole discretion, including our belief that a User Submission may violate these Terms or be otherwise objectionable. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify, and store all User Generated Material posted on the Properties, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views, or advice. You are solely responsible for your User Generated Material, the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Properties, nor do we assume any liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Properties and your interactions with other users.
Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Properties that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Properties, whether or not it violates our Terms.
If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Properties and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Properties, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Properties and from any claims related to the conduct of any other users.
Privacy.We respect your privacy. By accessing or using the Properties you acknowledge that your information, including personally identifiable information, will be processed in accordance with our Privacy Policy.
Consent to Electronic Communication. You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Properties as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.
We reserve the right to change, suspend, or discontinue any aspect of the Properties at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Properties entirely. Any description of features on the Properties shall not be considered to be a representation by NewGen Science that such features will always be included on the Properties. From time to time, we may restrict access to some or all the Properties, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Properties, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Properties may become unavailable to you at any time and for any period.
If we suspend or discontinue any aspect of the Properties or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.
The Properties may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third-parties (“Linked Sites”). You may also navigate to the Properties from links, often provided by us, deployed by third parties in their social media, advertisements, and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by NewGen Science only as a convenience. Such Linked Sites are not owned, operated, or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties, or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms and/or our Privacy Policy to govern your use of another website or destination.
We do not endorse, and NewGen Science expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that NewGen Science is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.
All contents of the Properties including but not limited to text, design, graphics, interfaces, or code are: Copyright 2014-2021 by NewGen Science. All rights reserved.
All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to NewGen Science, or other respective owners that have granted NewGen Science license to use such marks.
If you believe that any content appearing on the Properties, including content created and/or displayed by NewGen Science or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
A notification of claimed copyright infringement should be e-mailed to our copyright agent at info@newgenscience.com with “DMCA Takedown Request” in the subject line. You may also contact us by mail at:
NewGen Science
222 Pacific Coast HWY Floor 10
El Segundo, CA 90254
Attention: General Counsel, Legal Department
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Properties that is reasonably sufficient to enable us to identify and locate the material;
how we can contact you, such as your address, telephone number and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and
a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying NewGen Science and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the NewGen Science rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
You understand that products offered by NewGen Science may contain materials that could be dangerous if handled improperly, and you acknowledge that NewGen Science is not liable for any personal injury or property damage arising from any misuse of any products offered through the Properties. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
Under California Civil Code Section 1789.3, California users of the Properties receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
The information, software, products, and services included in or available through the Properties are continually upgraded and updated. While NewGen Science will use commercially reasonable efforts to verify the accuracy of any information it places on the Properties, NewGen Science does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. ACCORDINGLY, THE PROPERTIES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND AND YOUR USE OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK. NEWGEN SCIENCE AND/OR ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, REGARDING THE PROPERTIES, INFORMATION, SOFTWARE, PRODUCTS SERVICES OR RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
NEWGEN SCIENCE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PROPERTIES OR ANY LINKED SITE AND NEWGEN SCIENCE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE. ANY SUCH LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. IF YOU CHOOSE TO CLICK ON ANY SUCH LINKS, YOU ACKNOWLEDGE AND AGREE THAT YOU, NOT NEWGEN SCIENCE, ARE DISPLAYING ITS CONTENTS AND YOU ACCESS SUCH LINKED SITES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH
SOCIAL MEDIA ACCOUNTS. You acknowledge and agree that any reliance on the information and other materials included on the Properties shall be at your sole risk and responsibility. NewGen Science reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Properties and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL MEDICAL INFORMATION PROVIDED ON THE PROPERTIES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY NEWGEN SCIENCE OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE PROPERTIES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE PROPERTIES AND YOU SHOULD NOT USE THE PROPERTIES OR ANY CONTENT AVAILABLE THROUGH OR VIA THE PROPERTIES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND NEWGEN SCIENCE, ITS AFFILIATES OR ANY THIRD PARTY.
THE PROPERTIES MAY PERIODICALLY PROVIDE INFORMATION CONCERNING FITNESS AND ATHLETIC ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. NEWGEN SCIENCE STRONGLY RECOMMENDS THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ATHLETIC ACTIVITIES.
You agree to defend, indemnify, and hold harmless NewGen Science and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against NewGen Science by any third party due to or arising out of or in connection with (i) your use of and access to the Properties, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Properties with your unique username, password, or other appropriate security code.
Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms, the Privacy Policy and/or any use by you of the Properties.
California Residents: you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE ON THE PROPERTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF NEWGEN SCIENCE. NEWGEN SCIENCE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PRODUCTS AND/OR SERVICES.
EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE PROPERTIES IN VIOLATION OF THESE TERMS OF USE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR NEWGEN SCIENCE AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PROPERTIES, THE DELAY OR INABILITY TO USE THE PROPERTIES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE PROPERTIES, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE PROPERTIES, OR OTHERWISE ARISING OUT OF THE USE OF THE PROPERTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEWGEN SCIENCE AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROPERTIES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROPERTIES. EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE PROPERTIES IN VIOLATION OF THESE TERMS OF USE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE PROPERTIES OR $50 (WHICHEVER IS LESS).
UNDER NO CIRCUMSTANCES WILL NEWGEN SCIENCE AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PROPERTIES, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS NEWGEN SCIENCE AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. NEWGEN SCIENCE MAKES NO REPRESENTATION THAT THE PROPERTIES IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE PROPERTIES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE PROPERTIES FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
These Terms and any dispute that may arise between you and NewGen Science shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE PROPERTIES SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE PROPERTIES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
In the event of any dispute between you and us regarding these Terms, the Privacy Policy, the Properties and/or any products or services purchased from the Properties, you and NewGen Science agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to info@newgenscience.com We will send any notice of dispute to you at the contact information we have for you. You and NewGen Science will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at info@newgenscience.com with “Arbitration Request” in the subject line. You may also contact us by mail at:
NewGen Science
222 Pacific Coast HWY Floor 10
El Segundo, CA 90254
Attention: General Counsel, Legal Department
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE
PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate with NewGen Science only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Los Angeles County, California.
No waiver by NewGen Science of any term or condition set forth in these Terms 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 NewGen Science to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
We reserve the right, in our sole discretion, to modify or update these Terms at any time for any reason, with or without prior notice to you, and any such changes to these Terms will supersede and replace any previous Terms effective immediately upon posting to this page. It is your responsibility to periodically review these Terms as posted here for any changes. Your continued use of the Properties after the posting of changes to these Terms will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Properties if you do not agree with any changes to these Terms.
These Terms and the other agreements referred to herein constitute the sole and entire agreement between you and NewGen Science with respect to the Properties and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Properties.
It is our goal to provide you with a first-class user experience, so if you have any questions or comments about these Terms, please feel free to contact our Customer Experience team at info@newgenscience.com or write to us at:
NewGen Science
222 Pacific Coast HWY Floor 10
El Segundo, CA 90254
Attention: General Counsel, Legal Department
This document was last updated on July 26, 2023.