TERMS & CONDITIONS

Thanks for visiting the New Lab (“New Lab”) website located at www.newlab.com (the “Site”). The following Terms of use (“Terms”) govern your use of this Site. By using this Site, you are indicating that you’ve read and understand these Terms, that you agree to them, and intend to be legally bound by them. If you don’t agree to these Terms, you are not granted permission to use this Site and must stop using the Site.
The information on this Site is for informational purposes only. New Lab is not responsible for any errors or omissions on the Site, including any materials found on the Site.

New Lab owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts, documentation, and other material on, or made available through, the Site, as well as the selection, coordination, arrangement, manipulation, and organization and enhancement of the materials found here. Under no circumstances will you have any rights of any kind to the Site and the materials on the Site, other than the right to use the Site in accordance with these Terms.

You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with New Lab; (c) transmitting unsolicited messages or code of a destructive nature; or (d) engaging in any activity that interferes with the performance of, or impairs the functionality of, the Site or any services provided through the Site.

Third Party Sites and Content

The Site contains links to other websites, to information, products, or services that may be of interest. New Lab expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by, or displayed on, third party sites, or the transactions you may conduct or enter into with third parties. Your use of third party websites is at your own risk, and subject to the terms and conditions of such other websites. New Lab does not endorse any product or service provided on a third party website.

New Lab, its subsidiaries, and affiliates are not responsible for, and do not guarantee, the accuracy or completeness of the Site or links or other items contained within the Site. New Lab reserves the right to immediately remove or alter any material for any reason or for no reason. New Lab cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to, or remove any, material, the Site or the products or services made available in connection with the Site, with or without notice in its sole discretion.

The Site and materials on, in, and made available through the Site, and the services, products, information on and in and made available through the Site are made available “as is.” Use of the Site is entirely at your own risk. New Lab and its licensors make no representations or warranties, and disclaim all representation and warranties, with respect to the Site, the services, products, information, and other materials on, in, and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.

Liability

New Lab and its affiliates, subsidiaries and licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site materials, user materials, the services, products, information and other materials on, in, and made available through the Site, regardless of legal theory, whether or not you or New Lab had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail in their essential purpose. Under no circumstances will the total liability of New Lab and its affiliates, subsidiaries, or its licensors to you or any other person or entity in connection with the Site, or materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. If you are dissatisfied with the Site, or with any of these Terms, or feel New Lab has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

Reporting Violations

If you believe that any content or posting on this Site violates your intellectual property or other rights, please send [email protected] a message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; and (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable.

Changes to these Terms

New Lab reserves the right at any time to modify, alter or update these Terms without notice. Your use of the Site following any changes means that you agree to follow and be bound by the Terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made.

Governing Law and Jurisdiction

These Terms represent the entire agreement between you and New Lab, with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

Miscellaneous

The Site is not intended for children under the age of 13. The Site is controlled and operated from within the United States. Without limitation, New Lab makes no representation that the Site, services, products, information or other materials available on, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of New Lab to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms.

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