Terms & Conditions

This AGREEMENT sets forth the agreement between Newport Nutritionals, ("Newport Nutritionals" or "we") and each user ("you" or "user") governing the use by you of this site. By accessing or using this site, you expressly signify your assent to this agreement and are deemed to have read, understood and agreed to each of the terms, conditions, and notices set forth in the agreement. If you do not agree to the terms and conditions contained in this agreement, you may not access or otherwise use this site.

PRELIMINARY DISCLAIMERS
The information on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.

Newport Nutritionals is not a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), nor is the information provided by you to Newport Nutritionals considered protected health information under HIPAA. As such, the additional privacy and security protections afforded to consumers and patients under HIPAA are not contemplated by, nor contained within, the agreement. Newport Nutritionals shall not be liable for any damages resulting from any disclosure of information that you provide to Newport Nutritionals in connection with this site or your purchase of products via this site. Your provide information to Newport Nutritionals at your sole risk.

1. Requirements. The site and/or subscriptions to products offered by Newport Nutritionals are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. Currently, only the O3 Balance, Brain Repair Formula products are available for subscriptions. The products for which subscriptions are offered may change at any time without written notice to you. All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.

2. Subscriptions. Newport Nutritionals offers subscriptions whereby you may order certain products offered by Newport Nutritionals.

(a) Application. To establish a subscription for a particular product, you must first submit the applicable application form for review and approval. Newport Nutritionals reserves the right, in its sole discretion, to deny the application of anyone at any time and for any reason, whatsoever. The registration data that you are required to supply as part of a request to set up a subscription may include, without limitation: (i) your full name; (ii) mailing address; (iii) e-mail address; (iv) phone number; (v) credit card information; (vi) gender; (vii) date of birth; and/or (viii) any other information requested by us on the applicable form. You agree to provide true, accurate, current and complete registration data, as necessary, and to keep the provided data up-to-date and accurate.

(b) Duration. You may subscribe to a three-hundred and sixty (360) day supply of a particular product offered for sale through subscription. Such a subscription results in units of thirty (30) day supplies of the product being shipped to you on a monthly basis with fees accruing on a monthly basis. Certain promotional benefits may be made available to you for electing to subscribe to a product rather than electing to purchase individual thirty (30) day supplies of the product. Such promotional benefits, if available, may be set forth explicitly on the site. Promotional benefits may include, for example, a discounted price-per-unit or a free supply of the product for a specified period.

(c) Payment. You shall pay for your subscription using one of the methods set forth in the site (e.g., by way of a credit card or debit card that you provide as part of your Application or update as a later date (“Active Payment Mechanism”)). A monthly fee will accrue on the first day of each new month of the subscription, and you will be required to pay the monthly fee for that month’s supply of the product. You hereby authorize Newport Nutritionals (or its partners, affiliates and/or agents) to use your Active Payment Mechanism to charge all such fees associated with your subscription. You acknowledge and agree that Newport Nutritionals will not obtain additional authorization from you for each installment of fees associated with your Active Payment Mechanism. All fees are payable in United States currency. Failure to use the products received does not constitute a basis for refusing to pay any of the associated charges. You agree to be bound by the pricing and billing practices of Newport Nutritionals in effect at any given time. Newport Nutritionals reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. If you do not agree with these changes, you may cancel your subscription at any time, but you will remain responsible for timely payment of any and all fees (including periodic fees) that you have already incurred (including any applicable late fees). Continued acceptance of products and use of your subscription after receipt of such notice shall constitute express agreement to any and all such changes. If you fail to make any scheduled payment for accrued fees, such overdue amounts will be subject to interest charges in the amount of at least one and one half percent (1.5%) per month, compounded monthly, and may be higher as permitted by law. Your subscription may be deactivated for non-payment of fees.

(d) Cancellation. You may cancel your subscription at any time if you are not completely satisfied. To cancel your subscription, you must contact Newport Nutritionals customer services by: (1) contacting us via telephone at (800) 773-2425 or (2) contacting us via email at customerservice@newportnutritionals.com. Please have your e-mail address and other registration data available for efficient processing of your cancellation order.

We will not refund any amounts previously paid up to the date of cancellation or termination. You shall not receive any pro-rata refund for partial months and you remain liable for any and all unpaid charges billed by Newport Nutritionals. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with Newport Nutritionals. Cancellation of your subscription does not necessarily terminate this agreement under Section 15.

Canceling your subscription anytime before your 360 period has elapsed, as measured from the original invoice date, will result in revocation of any and all promotional benefits that had been offered by Newport Nutritionals for subscriptions. For example, assume a subscription was initiated in January and a price discount per unit and free thirty (30) day supply of product were both promotional benefits made available to you at the time you subscribed to the product. If you canceled your subscription in June after you have received six (6) shipments of products, then you will owe Newport Nutritionals the full price of all six (6) shipments. In other words, both the price-per-unit discount and the free thirty (30) day supply promotional benefits are revoked and you are responsible for paying the full price of six (6) shipments.

3. Billing for Non-Subscription Orders.

(a) Payment By Check.
A $25.00 fee will be added to all checks returned to us that have been unpaid or have been cancelled. Any further monetary obligations that result from the collection of any check will be added to the amount due.

(b) Credit Card & Debit Card Payments.
When you place an order with Newport Nutritionals, your card will be "authorized" for the entire order amount. For some credit cards this will appear as if it was an actual charge however, it is simply an authorization of us setting the funds aside in your account to capture when your order ships.

A card "authorization" is provided to merchants upon the initial order to guarantee that the merchant will be able to charge a credit or debit card for the purchase amount when an order ships. This "authorization" will set aside funds on the credit or debit card to cover the purchase that was made. A credit or debit card "charge" is the actual transfer of funds from the credit card agency or bank to the merchant for the sale. If an order is not shipped or cancelled, the "authorization" will automatically be removed within five (5) business days (depending on your individual bank) by the card company and those funds will be released back to your account.

*When using a debit card the authorization will freeze these funds in your account. Newport Nutritionals is not responsible for any fees associated with charges authorizations.

4. Modification of the Agreement and Site. Newport Nutritionals may, at any time and its sole discretion, may modify revise or otherwise change this agreement and/or site, in whole or in part, without any notice or liability to you.

5. Intellectual Property.
(a) Intellectual Property refers to, without limitation:

(b) All site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the intellectual property of Newport Nutritionals or its licensors or affiliates.

(c) “Newport Nutritionals” and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Newport Nutritionals or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the intellectual property of their respective owners.

(d) Subject to the terms and conditions of this agreement, you are granted a limited, revocable, non-exclusive and non-transferable license, without the right to sublicense, to access and use this site only for displaying this site on your Internet browser and/or for purchasing products or subscriptions from Newport Nutritionals.

(e) Except as permitted in the limited license set forth in paragraph (d), above, you shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works of intellectual property owned by Newport Nutritionals from this site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this site (in whole or in part).

(f) Any suggestions, ideas, comments or other similar submissions by you to Newport Nutritionals shall be deemed the sole property of Newport Nutritionals, which shall not be liable for any use or disclosure, including without limitation use for commercial purposes, of such submissions. You agree to grant Newport Nutritionals a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such suggestions, ideas, comments or other similar submissions. You hereby waive any claim, cause of action or other recourse that you might have against Newport Nutritionals for any alleged or actual infringement or misappropriation of any intellectual property or other right in any such submissions.

6. Additional Limitations On Your Use of Site.

(a) You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. Newport Nutritionals reserves the right to bar any such activity.

(b) You may not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site or to any Newport Nutritionals server, or to any of the services offered on or through the site, by hacking, password “mining” or any other illegitimate means.

(c) You may not probe, scan or test the vulnerability of the site or any network connected to the site, nor breach the security or authentication measures on the site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the site, or any other customer of Newport Nutritionals, including any Newport Nutritionals account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

(d) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or Newport Nutritionals’ systems or networks, or any systems or networks connected to the site or to Newport Nutritionals.

(e) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the Site, or with any other person’s use of the site.

(f) You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to Newport Nutritionals on or through the site or any service offered on or through the site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

(g) You may not use the site or any content for any purpose that is unlawful or prohibited by this agreement, or to solicit the performance of any illegal activity or other activity that infringes the rights of Newport Nutritionals or others.

7. Review of Materials Posted on or Submitted to Site. Newport Nutritionals is not responsible for monitoring, screening, policing or editing the information posted or materials on, submitted to or transmitted through the site. Newport Nutritionals does not and cannot monitor all information or materials posted on, submitted to or transmitted through the site. However, Newport Nutritionals reserves the right to delete, block and remove any information or materials that Newport Nutritionals, in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to Newport Nutritionals. If notified of any such information or materials on the site, Newport Nutritionals may determine in its sole discretion whether to remove such content from the site.

8. Links to Other Internet Sites. This site may contain links to Internet sites owned, operated or maintained by third parties not under the control of Newport Nutritionals. These links are provided for your convenience only. Such links are not and shall not be deemed to be an endorsement by Newport Nutritionals of the organization or individual associated with the linked site. You assume sole responsibility and liability for your use of such linked sites.

9. Links to this Site. You must obtain Newport Nutritionals’ prior written consent before creating any link(s) to this site except for your personal use of the site through your Internet browser.

10. International Access. This site can be accessed from countries other than the United States. This Site may contain Newport Nutritionals’ products or services, or references to Newport Nutritionals’ products or services that are not available outside of the United States. Any such references do not imply that such Newport Nutritionals’ products or services will be made available outside the United States. If you access and use this site outside the United States, you are responsible for complying with your local laws and regulations.

11. Availability and Use of Site. The availability of this Site depends on many factors, including factors that are beyond the Newport Nutritionals’ control, such as your connection to the Internet and the involvement of Internet service providers connecting you with our site. Newport Nutritionals shall not be liable to you if you cannot use this site due to any reason

12. No Warranty – Disclaimer.

(a) Newport Nutritionals does NOT warrant that any product sold by or through this site will treat or prevent any disease or condition. The information on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.

(b) Newport Nutritionals is not a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), nor is the information provided by you to Newport Nutritionals considered protected health information under HIPAA. As such, the additional privacy and security protections afforded to consumers and patients under HIPAA are not contemplated by, nor contained within, the agreement. Newport Nutritionals shall not be liable for any damages resulting from any disclosure of information that you provide to Newport Nutritionals in connection with this site or your purchase of products via this site. Your provide information to Newport Nutritionals at your sole risk.

(c) Newport Nutritionals is providing this site and its contents and products and services sold thereon on an "as is" basis. Newport Nutritionals and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a "linked site") and the uninterrupted and error-free use of this site. Newport Nutritionals and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Newport Nutritionals and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Newport Nutritionals or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.

(d) The products, information, servicesinformation and other content provided on and through this site, including without limitation any products, information, servicesinformation and other content provided on any linked site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information provided on this site and linked sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this site, including without limitation any products, information or services provided on any linked site, you should speak with a healthcare professional.

(e) Price and availability information on this site is subject to change without notice.

13. Limitation of Liability.

(a) Newport Nutritionals and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Newport Nutritionals and you. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.

(b) Notwithstanding the foregoing, the sole and entire maximum liability of Newport Nutritionals and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Newport Nutritionals on this site.

(c) The General Returns Policy that is accessible on this site, which governs returns of products purchased from this site individually or by subscription, is incorporated by reference in its entirety.

14. Indemnity. You agree to indemnify, defend and hold harmless Newport Nutritionals and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of this agreement, your infringement or violation of any rights of another, or termination of your access to this site.

15. Termination; Effect of Termination.

(a) This agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from Newport Nutritionals to effect such termination. You may also terminate this agreement at any time by notifying Newport Nutritionals in writing of termination. Any such termination shall be subject to the provisions of this Agreement including, for example, Section 2.

(b) Upon any termination, you shall immediately cease all access to and use of this site, both secured and unsecured portions. Any termination of this agreement shall not affect the respective rights and obligations of the parties arising before the date of termination. The provisions of Sections 12- 14, 16-21 and 23 shall survive the termination of this agreement.

16. Relationship of Parties. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Newport Nutritionals as a result of this agreement or any use of this site. You agree not to hold yourself out as a representative, agent, or employee of Newport Nutritionals and Newport Nutritionals shall not be liable for any representation, act or omission by you to the contrary.

17. Assignment. Your rights are personal. You shall not assign or otherwise transfer this agreement or assign, delegate or otherwise transfer any of your rights, interests or obligations under this agreement and any such assignment, delegation or other transfer shall be void. This agreement shall inure to the benefit of Newport Nutritionals’ successors, assigns and licensees.

18. Applicable Law; Jurisdiction. This agreement shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law rules. You agree to submit to personal jurisdiction in the State of California and further agree that any cause of action arising from or relating to the use of this site or this agreement shall be brought exclusively in a court in California.

19. Severability – Interpretation. If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."

20. Entire Agreement – Amendments. This agreement constitutes the entire and only agreement between Newport Nutritionals and you with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. Modifications to this agreement are addressed in Section 4.

21. Miscellaneous. The failure of Newport Nutritionals or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit Newport Nutritionals’ right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

22. Contact Information. Please send any questions or comments regarding this site by e-mail to customerservice@newportnutritionals.com, or by regular mail to:

23. Reservation of Rights. Newport Nutritionals reserves to itself any and all rights not expressly granted herein.