PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this website (the “website”) is provided by NEWTON DISTRIBUTING Company, Inc. (“NEWTON DISTRIBUTING Company, Inc.”, “us” or “we”) subject to the following terms (this “Agreement”):
Acceptance of Terms
By using this website, you agree to be legally bound by all of the terms of this Agreement. We reserve the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by NEWTON DISTRIBUTING Company, Inc. may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.
In accessing this website or certain of the resources on the website, you may be asked to provide registration details. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If NEWTON DISTRIBUTING Company, Inc. believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.
DISCLAIMER OF WARRANTIES YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND ALL THE MATERIALS, INFORMATION, PRODUCTS, FACILITIES, SERVICES AND OTHER CONTENT IN THIS WEBSITE ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEWTON DISTRIBUTING COMPANY, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEWTON DISTRIBUTING COMPANY, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT NEWTON DISTRIBUTING COMPANY, INC.’ S WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEWTON DISTRIBUTING COMPANY, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, PRODUCTS, FACILITIES, SERVICES OR OTHER CONTENT IN THIS WEBSITE OR ANY SITES LINKED TO THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NEWTON DISTRIBUTING COMPANY, INC. MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, PRODUCTS, FACILITIES, SERVICE OR OTHER CONTENT IN THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND NEWTON DISTRIBUTING COMPANY, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, PRODUCTS, FACILITIES, SERVICE OR OTHER CONTENT OF THIS WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
NEWTON DISTRIBUTING COMPANY, INC. DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF NEWTON DISTRIBUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT NEWTON DISTRIBUTING COMPANY, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Hyperlinks to and from Third Party Sites
(a) This website may link you to other sites on the “Internet”. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of NEWTON DISTRIBUTING Company, Inc. and you acknowledge that (whether or not such sites are affiliated in any way with NEWTON DISTRIBUTING Company, Inc.) NEWTON DISTRIBUTING Company, Inc. is not responsible for the accuracy, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by NEWTON DISTRIBUTING Company, Inc. or any association with its operators.
(b) NEWTON DISTRIBUTING Company, Inc. cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from NEWTON DISTRIBUTING Company, Inc. since other websites are owned and operated by independent retailers/owners. NEWTON DISTRIBUTING Company, Inc. does not endorse any of the products, nor has NEWTON DISTRIBUTING Company, Inc. taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. NEWTON DISTRIBUTING Company, Inc. does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
(c) Any area of this website that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.
Applicable Law and Jurisdictional Matters
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Massachusetts, as they are applied to agreements entered into and to be performed entirely within Massachusetts. Any action you, any third party or NEWTON DISTRIBUTING Company, Inc. may bring to enforce this Agreement or, in connection with any matters related to the website shall be brought to court and you expressly consent to the jurisdiction of said courts.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.