Newtechbio, Inc. does not sell, share, or distribute the personal information of visitors to: www.newtechbio.com . Newtechbio will keep this information confidential. Newtechbio will only release personal information when served a warrant from a law enforcement agency or a subpoena from a judicial agency.
Whether ordering online, ordering by mail or by phone, using our website, mobile site or app (the "Site"), you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Notice, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Service). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. You’re accessing the Site for the limited and exclusive purpose of reviewing these Terms of Service does not constitute your "use" of the Site or agreement to be bound by these Terms of Service unless you further access or use the Site.
As part of these terms you agree to subscribe to our newsletter where from time-to-time we may send you information regarding important updates, specials, coupons or other relevant information which we feel you may find interesting. You can unsubscribe at any time by selecting the unsubscribe link at the bottom of each newsletter, and following the procedure to unsubscribe. Or simple email us at email@example.com that you would like to unsubscribe, and state the email that you would like removed from our list.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website and update the "Last Updated" date to reflect the date of the changes. If we make a material change to the Terms of Service, we will not enforce the material change retroactively (i.e., to use of the Site occurring before the change) unless we notify you by posting a prominent notice of the change on the home or landing page of the Site or otherwise notify you of the changes so you may elect whether to accept the changes by continuing to use the Site, or terminate your account. By continuing to use the Site after we post any such changes or notify you of any material changes, you accept the Terms of Service, as modified.
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
You agree that we are not responsible for any package(s) delivered without a signature, nor are we responsible for any package(s) stolen after delivery. You agree to not attempt to chargeback your order relating to any missing or stolen packages when the package delivery has been confirmed by the carrier. If you would like a signature request attached to your products you must email us prior to placing your order, at which point we will confirm your request with a confirmation email for your records.
Newtechbio may collect the following information in order to effectively produce web navigation tools and marketing products that will assist the visitor in future sessions at www.newtechbio.com 1. The Internet Protocol (IP) address of the domain from which you accessed the Internet (i.e. 123.456.789.012) whether yours individually or provided as a proxy by your Internet Service Provider (ISP). 2. The date and time you accessed our web site. 3. The pages that you visited when visiting our site. 4. The internet address of the web site from which you linked to our site. Newtechbio does collect the information entered on the online order form.
Legal Disputes. You and Newtechbio, Inc. agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Newtechbio, Inc. User Agreement (hereafter "User Agreement" in this section entitled "Legal Disputes"), your use of or access to Newtechbio web sites, services, applications, and tools, or any products or services sold or purchased through Newtechbio websites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law You agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Newtechbio, Inc.., except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate You and Newtechbio, Inc. each agree that any and all disputes or claims that have arisen or may arise between you and Newtechbio, Inc. relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Newtechbio, Inc..'s sites, services, applications, and tools, or any products or services sold or purchased through Newtechbio, Inc..â€™s sites, services, applications, or tools shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND NEWTECHBIO, INC. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND NEWTECHBIO, INC. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER NEWTECHBIO, INC. USERS.
2. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of the User Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. The arbitration shall be held in the county in which Newtechbio, Inc. resides or at another mutually agreed location. If the value of the relief sought is $100.00 or less, you or Newtechbio, Inc. may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Newtechbio, Inc. subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Newtechbio, Inc., unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Newtechbio, Inc. users, but is bound by rulings in prior arbitrations involving the same Newtechbio, Inc. user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 3. Costs of Arbitration. The exact cost depends on the ADR provider selected. An ADR provider's rules and fee schedule are often available on the provider's website. For example, the National Arbitration Forum's rules currently provide that consumers will pay at most $185.00 in disputes between consumers and businesses where the total amount of damages sought is less than $10,000.00 USD. Businesses pay the remainder of the fees charged by the NAF. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is more than $10,000.00 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Newtechbio, Inc. will consider paying as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Newtechbio, Inc. for all fees associated with the arbitration paid by Newtechbio, Inc. on your behalf, which you otherwise would be obligated to pay under the AAA's rules. 4. Severability
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
C. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Newtechbio, Inc. must be resolved exclusively by a state or federal court located in Trenton, New Jersey. You and Newtechbio, Inc. agree to submit to the personal jurisdiction of the courts located within Mercer County, or other suitable county of the court, New Jersey for the purpose of litigating all such claims or disputes.
Once you have selected the proper treatment following our treatment guide, NT-MAX Septic products are 100% guaranteed to perform as stated. Failure to comply with the treatment guide suggestions will yield negative results. NT-MAX contains lab cultivated, non-pathogenic bacteria and enzymes. NT-MAX products are 100% Guaranteed to work as promised and if at any time within one year, you are not satisfied with the results, we will refund your total purchase amount with no hidden charges. There are different reasons that a septic system may fail such as roots, property occupancy above 1.5 persons per dwelling bedroom count, pipe collapse, structural damage, mechanical damage or outside influences keeping the system in a detrimental state. NewTechBio does not guarantee that any of its products will reverse system failure as a result of any of the listed reasons other than clogged drainfield, leach fields and the like related to sludge buildup, which is, the most common form of failure. The product must remain in your system for 6 weeks to comply with this policy. This guarantee does not pertain to commercial, rental, multi-unit, multifamily or industrial environments.
CONDITIONS OF SALE AND LIMITATIONS OF WARRANTY AND LIABILITY
Acceptance of Terms By purchase or use of any product manufactured or distributed by Newtechbio, Inc, buyer and user accept these conditions of sale and limitations of warranty and liability. If these terms are unacceptable, return the product unopened for a refund.
Warranty Disclaimers Newtechbio, Inc. warrants that this product conforms to the chemical description on the label. This product is sold as is AND VENDOR MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Inherent Risks The directions for use on each product label (which supersedes website labeling and all other forms of product direction or instruction) accompanying each product must be followed carefully and explicitly. It is impossible to eliminate all risks associated with this product. Injury to fish, livestock, ornamental plants or crops, ineffectiveness, or other unintended consequences may result due to factors beyond the control of Vendors. Buyer and user assume all risks associated with the use or handling of this product.
Limitations of Liability To the extent consistent with applicable law, buyer or user’s exclusive remedy for any and all claims, losses, injuries, or damages resulting from the use or handling of this product shall be limited to the purchase price paid, or at the election of Vendors, the replacement of this product. Vendors are not liable for any consequential, incidental, or special damages, including lost pro?ts.