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acceptance of terms

This Newport Fasteners, LLC Terms of Service document (“Newport Fasteners TOS”, “TOS”) is an agreement you must accept in order to use the products and services provided on newportfasteners.com, or any other websites owned by Newport Fasteners (“we”, “us”). For simplicity, we’ll call these websites, products, and services “Newport Fasteners sites” for short. This document describes both your rights and your obligations as part of using the Newport Fasteners sites. It is important that you read it thoroughly because you will be legally bound to these terms. By using Newport Fasteners sites, you agree to be bound by this TOS.

If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOS. In that case, the terms “you” or “your” shall also refer to such entity. If you do not have such authority, or if you do not agree with this TOS, you may not use Newport Fasteners, LLC sites. You acknowledge that this TOS is a contract between you and Newport Fasteners, even though it is electronic and is not physically signed by you and Newport Fasteners, and it governs your use of Newport Fasteners, LLC sites.

intellectual property

Newport Fasteners, LLC sites and its original content,features and fuctunallity are ownered by newport fastners, LLC and are protected by international copyright,trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reverse engineer, reverse compile, or otherwise reduce to human readable form any software associated with Newport Fasteners, LLC sites.

types of data newport fastners,LLC collects and stores

in addition to the terms set forth in newport fastners, LLC's privacy policy,newport fastners,LLC sites collect and stores the following typesw of data:

you agree that so long as you continue to use newport fastners, LLC sites,your data may persist perpitually on newport fastners, LLC sites. to remove your data from newport fastners LLC sites,you must cease using the products or services on newport fastners, LLC and contact us to remove your data

acceptable use

by using newport fastners, LLC sites,you agree to the following list of conduct

reliance on newport fastners,LLC sites

newport fastners,LLC is always evolving to provide cutting-edge technology, and we need the flexibility to make changes to our software. we will try to give advance notice of any changes of periods,in which newport fastners, LLC sites would we unavailable.

commercial use

you may not sell,rent,lease,sublicences or redistribute newport fastners, LLC sites

usage of data

newport fastners,LLC will not sell or rent data collected on newport fastners,LLC sites.newport fastners,LLC will not share data with third parties or use it beyond providing it services

billing & refunds

billing on newport fastners, LLC sites is usage-based and you pay per order.

refunds will be issued to the original payment method. once issued,refunds can take up 5 buissness days to show up on your credit ncard account.

pricing

we will strive to keep pricing at the price advertised when to first started using newport fastners, LLC sites however,we reserve the right to change prices. your continued use of newport fastners,LLC sites after the price change becomes effective constitutes your agreement to pay for newport fastners,LLC product at the new price.

advertising

you may advertise newport fastners,LLC sites so long as it follow our press guidlines.however,you may not:

security measure

newport fastners,LLC sites use industory standered practices and all reasonably available precaution to safeguard your data. newport fastners,LLC sites use SSL encryption for web pages.we may limit your login attempts or lock out your account if multiple previous attempts were unsuccessful.if you are unable to login and require us to grant your access,we reserve the right to do so on a case-by-case basis.

text messaging

newport fastners,LLC may use text messaging to contact you regarding your account.newport fastners,LLC does not charge for text messages sent; however,text messages charges may apply for your service provider.

disclaimer of warranty, limitation of liability, indemnity

No Warranties. Newport Fasteners, LLC sites are provided on an “as is” and “as available” basis without any warranties of any kind, and Newport Fasteners, LLC expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Newport Fasteners, LLC does not warrant that Newport Fasteners, LLC sites will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from the use of Newport Fasteners, LLC sites, and no information, advice, or services obtained by you from Newport Fasteners, LLC sites shall create any warranty not expressly stated in this TOS.

Limitation of Liability. Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Newport Fasteners, LLC be liable to you or any third party for a) any direct, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business. The provisions of this section allocate the risks under this TOS between the parties, and the parties have relied on these limitations in determining whether to enter into this TOS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, Newport Fasteners, LLC’s liability will be limited to the greatest extent permitted by law.

Indemnity. You agree to defend, hold harmless and indemnify Newport Fasteners, LLC, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your use of Newport Fasteners, LLC sites, use of Newport Fasteners, LLC brand, or violation of this TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.

Dispute Resolution. Newport Fasteners, LLC TOS and any claim, cause of action or dispute (“Claim”) arising out of or related to this TOS shall be governed by the laws of the state of California, United States, regardless of your country of origin or where you access Newport Fasteners, LLC sites, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Newport Fasteners, LLC agree that all Claims arising out of or related to this TOS, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The venue for any Claims shall be in the county of Orange, California. If no such venue exists, then the nearest venue to Orange, California shall be selected.

general legal terms

Severability. If any provision of this TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision. If a term cannot be so modified, it will be severed and the remaining provisions of this TOS will not be affected in any way.

Entire Agreement. This TOS and any documents incorporated into this TOS by reference, constitute the entire agreement between you and Newport Fasteners, LLC regarding the Newport Fasteners, LLC sites and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this TOS.

No Informal Waivers, Agreements, or Representations. Our failure to act with respect to a breach of this TOS by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any Newport Fasteners, LLC affiliate shall be deemed legally binding on any Newport Fasteners, LLC affiliate unless documented in a physical writing hand signed by a duly appointed officer of Newport Fasteners, LLC.

Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Newport Fasteners, LLC sites, or other material used or displayed through Newport Fasteners, LLC sites.

Assignment and Delegation. You may not assign or delegate any rights or obligations under this TOS, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this TOS, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective up notice to you, Newport Fasteners, LLC for any third party that assumes our rights and obligations under this TOS.

potential other rights and obligations

you may have rights and obligations under local law other than those enumerated here if you are located outside the united states.

how to contact us

if you have questions or comments about this TOS or wish to make use of newport fastners, LLC sites in any way not permitted by this TOS please contact us via email at info@NewportFastners.com.