Terms and Conditions
By using newgrowthpress.com, you agree to these conditions. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.newgrowthpress.com website (the "Service") operated by New Growth Press ("us", "we", or "our").
PRIVACY
Please review our Privacy Policy, which also governs your use of New Growth Press Services, to understand our practices.
INTRODUCTION
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our New Growth Press’s use of cookies in accordance with the terms of New Growth Press's privacy policy.]
LICENSE TO USE WEBSITE
Unless otherwise stated, New Growth Press and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution.]
ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent.
You must not use this website for any purposes related to marketing without [New Growth Press’s] express written consent.
YOUR ACCOUNT
You may need your own account to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. New Growth Press does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the New Growth Press Services only with involvement of a parent or guardian. New Growth Press reserves the right to refuse service, terminate accounts, terminate your rights to use New Growth Press Services, remove or edit content, or cancel orders in its sole discretion.
USER CONTENT
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your user content including but not limited to reviews, comments, photos, videos, and other content; must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties, objectionable, or any form of "spam" or unsolicited commercial electronic messages,and must not be capable of giving rise to legal action whether against you orNew Growth Press or a third party (in each case under any applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
If you do post content or submit material, and unless we indicate otherwise, you grant New Growth Press a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, and fully sub-licensable right to use, reproduce, adapt, publish, translate, modify, perform, create derivative works from, display and distribute your user content in any existing or future media. You also grant to New Growth Press the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You grant New Growth Press and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify New Growth Press for all claims resulting from content you supply. New Growth Press has the right but not the obligation to monitor and edit or remove any activity or content. New Growth Press takes no responsibility and assumes no liability for any content posted by you or any third party.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
New Growth Press reserves the right (but not the obligation) to edit or remove any material submitted to this website, or stored on New Growth Press servers, or hosted or published upon this website.
RISK OF LOSS
All purchases of physical items from New Growth Press are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
New Growth Press does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, New Growth Press does not take title to the refunded item. For more information about returns and refunds, please see our complete returns policy here.
PRODUCT DESCRIPTIONS
New Growth Press attempts to be as accurate as possible. However, New Growth Press does not warrant that product descriptions or other content of any New Growth Press.com website is accurate, complete, reliable, current, or error-free. If a product offered byNew Growth Press is not as described, your sole remedy is to return it in unused condition.
PRICING
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on New Growth Press and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on New Growth Press.
With respect to items sold by New Growth Press, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by New Growth Press is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process or.
NO WARRANTIES
The New Growth Press website and all information, content, materials, products (including software) and other services included on or otherwise made available to you through New Growth Press services are provided by New Growth Press on an “as is” and "as available" basis, unless otherwise specified in writing. New Growth Press makes no representations or warranties of any kind, express or implied, as to the operation of the New Growth Press website, or the information, content, materials, products or other services included on or otherwise made available to you through the New Growth Press, unless otherwise specified in writing, you expressly agree that your use of theNew Growth Press website is at your sole risk.
Without prejudice to the generality of the foregoing paragraph, New Growth Press does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
To the full extent permissible by law, New Growth Press disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. New Growth Press does not warrant that the New Growth Press website, information, content, materials, products (including software) or other services included on or otherwise made available to you through the New Growth Press website, New Growth Press's servers or electronic communications sent from New Growth Press are free of viruses or other harmful components. To the full extent permissible by law, New Growth Press will not be liable for any damages of any kind arising from the use of any New Growth Press service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any New Growth Press service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
LIMITATIONS OF LIABILITY
New Growth Press will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if New Growth Press has been expressly advised of the potential loss.
EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit New Growth Press's liability in respect of any:
- fraud or fraudulent misrepresentation on the part of New Growth Press; or
- matter which it would be illegal or unlawful for New Growth Press to exclude or limit, or to attempt or purport to exclude or limit, its liability.
REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
OTHER PARTIES
You accept that, as a limited liability entity, New Growth Press has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against New Growth Press's officers or employees in respect of any losses you suffer in connection with the website.
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect New Growth Press's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as New Growth Press.
UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
INDEMNITY
You hereby indemnify New Growth Press and undertake to keep New Growth Press indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by New Growth Press to a third party in settlement of a claim or dispute on the advice of New Growth Press's legal advisers) incurred or suffered by New Growth Press arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to New Growth Press's other rights under these terms and conditions, if you breach these terms and conditions in any way, New Growth Press may take such action as New Growth Press deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATION
New Growth Press may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ASSIGNMENT
New Growth Press may transfer, sub-contract or otherwise deal with New Growth Press's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between you and New Growth Press in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
NEW GROWTH PRESS'S DETAILS:
The full name of New Growth Press is New Growth Press, LLC.
New Growth Press is registered in the state of North Carolina.
New Growth Press's address 1301 Carolina Street, Suite 124, Greensboro, NC 27401
You can contact New Growth Press by emailing customerservice@newgrowthpress.com