LEGAL NOTICES – TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS
NEWLOOK INTERNATIONAL, INC. (“NEWLOOK”) uses this website for informational purposes only. By using this website, or by downloading any information or materials from the site, you agree that you will be subject to the terms and conditions outlined in this notice. If you do not agree to these terms and conditions, do not use this site or download any materials. NEWLOOK reserves the right to to revise these Terms and Conditions from time to time. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you have actually reviewed them.
LIMITED ACCESS AND USE
THIRD PARTY SITES
NEWLOOK may, from time to time, provide links to websites operated by other entities. If you use these links you will leave this site. The linked site is not under the control of NEWLOOK and NEWLOOK is not responsible for the contents. When you visit a linked site, you do so at your own risk and it is your responsibility to take protective measures against viruses. By providing these links, NEWLOOK makes no warranty and expressly disclaims any endorsement.
SUBJECT TO CHANGE
Changes are periodically added to the information and these changes will be incorporated into electronic updates of this website. NEWLOOK reserves the right to make changes or modifications to this website or to any of the terms, conditions, disclaimers and policies, and to add or remove any portion of the site, including any portion of these Terms and Conditions, at any time, without notice. All changes will be effective immediately upon posting. NEWLOOK may, at its sole discretion, terminate, suspend or discontinue any aspect of the website, including the availability of any features or products, at any time and without notice or liability.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now, or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
NewLook CONCRETE COLOR STAINS, SOLID COLOR CONCRETE STAINS, TRANSPARENT COLOR ENHANCER STAINS, COLOR ADDITIVE BOTTLES, CLEAR 32, NewLook CONCRETE SEALER, NewLook CONCRETE DEGREASER, NewLook CONCRETE CLEANER, and NewLook ECO ACID are registered and/or common law trademarks of NEWLOOK in the United States and in other countries. NEWLOOK retains all rights including, without limitation, its trademarks, trade names, brand names, and other such intellectual property. These trademarks, together with all associated service marks, slogans and other graphics, logos, service names and custom icons are included within the intellectual property of NEWLOOK and all rights are expressly reserved.
INFORMATION PROVIDED BY YOU
Do not send confidential information to the Site. Should you or any viewer of this website respond with information, feedback, data, questions, comments, suggestions, or the like regarding products, the content of this website, or any NEWLOOK publication, any such response shall be deemed not to be confidential and NEWLOOK shall be free to reproduce, use, disclose and distribute the response to others without limitation. You agree that NEWLOOK shall be free to use any ideas, concepts or techniques contained in your response for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.
This Site is controlled, operated, and administered by NEWLOOK from its offices within the United States of America. NEWLOOK makes no representation that the contents of this Site are appropriate or available for use at locations outside of the United States unless expressly noted. Uses in violation of U.S. export laws and regulations, and access to the contents or products in locations where they are illegal are prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. The laws of the State of Utah shall govern these Terms and Conditions of use, without giving effect to its conflict of laws or provisions.
This Agreement constitutes the entire agreement between NEWLOOK and you with respect to use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion to be unenforceable, that provision shall be enforced only to the maximum extent permissible provided it still effects the overall intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
WARRANTIES AND DISCLAIMERS
DISCLAIMER OF WARRANTIES
The Site is provided on an “AS IS,” “as available” basis. Neither NEWLOOK nor its affiliates, respective officers, directors, employees, agents, third-party content providers, designers, distributors, licensors or the like (collectively, “Associates”) warrant that use of the Site will be uninterrupted or error-free or that any defects will be corrected. NEWLOOK does not warrant the accuracy, integrity, or completeness of the Content provided on the Site. NEWLOOK specifically disclaims, to the fullest extent allowed by law, all warranties of any kind, either expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, or non-infringement. No oral advice or written information given by NEWLOOK or its Associates shall create a warranty. Without limiting the generality of the foregoing, this site and the materials contained herein may contain inaccuracies and typographical errors. NEWLOOK does not warrant the accuracy or the completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this website. You expressly agree that the use of the Site is at your sole risk.
DISCLAIMER OF LIABILITY
In no event shall NEWLOOK, or any of its officers, employees, agents or representatives, be in any way liable to any entity for any direct, indirect, special, punitive, consequential or exemplary damages, or any other damages arising from or relating to the use of or inability to use this site. This includes, but is not limited to, reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to programs or services. NEWLOOK is not responsible for the content, materials and functions of any linked website. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortuous action, even if an authorized representative of NEWLOOK has been advised of or should have knowledge of the possibility of such damages. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
FORWARD LOOKING STATEMENTS
Some of the documents and information contained in (or directly accessible from) this website may include so-called “forward-looking statements.” Any statements that are not statements of historical fact (including without limitation statements to the effect that the Company or its management “believes”, “expects”, “anticipates”, “plans” and similar expressions) should be considered forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date the statement was made. NEWLOOK undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
NewLook International, Inc. (“NewLook”) products (“Product”) are not intended for public use and are intended to be used by licensed contractors and installers, experienced and trained in the use of these products or consumers trained in the use of these products depending on the specific product. Product is warranted to be of uniform quality within manufacturing tolerances. The manufacturer has no control over the use of Product, therefore no other oral or written representation or statement of any kind, express or implied, now or hereafter made is authorized or warranted by NewLook or its affiliates, and NewLook and its affiliates hereby disclaims all such warranties, including those of merchantability or fitness for a particular purpose. In any case, the manufacturer’s obligations shall be limited to refunding the purchase price or replacing material proven to be defective. We realize no one ever really reads product disclaimers or warranties but we must remind you that the end user shall be responsible for proving the defectiveness of Products. NewLook has no control over the quality or performance of any product that is not manufactured or supplied by NewLook and the use of any such product in conjunction with NewLook Products voids the NewLook Product warranty. The end user shall be responsible for determining Product’s suitability, including but not limited to surface conditions, climate conditions and product compatibility, and end user assumes all risks and liability. By using and installing Products, the end user accept this warranty and the responsibility of determining Product’s suitability and ensuring that jobsite conditions are optimal and the surface is sufficiently prepared according to manufacturer’s installation requirements. NewLook shall not be liable for special, incidental, or consequential damages, including delays or lost profits. Communication of this warranty and its limitations to end users is not the responsibility of NewLook but should be communicated by those in direct contact with the end user. Any claim regarding product defect must be received in writing within one year from the date of manufacture. No claim will be considered without such written notice or after the specified time interval.