Last updated September November 03, 2024

Terms of Use

Welcome to newgan.com (the “Site”), owned and operated by Shenzhen NaBaiYe Technology LLC (“NewGaN” or “we” or “us”). These Terms of Use (the “TOU”) apply to your view or use of the Site through any location, including but not limited to NewGaN affiliated domains, where the TOU are posted (collectively, the “Sites”). By viewing or using our Site, you agree to these TOU, as amended by us from time to time. NewGaN reserves the right to amend, change or modify these TOU at any time, with or without notice to you. No modification to these TOU by any party other than NewGaN shall be valid or enforceable against NewGaN unless expressly agreed to by NewGaN in a writing signed by an authorized NewGaN representative. When we post changes to these TOU, we will revise the “Last Updated” date at the top of the TOU. Your continued use of the Sites after any changes or revisions to these TOU become effective shall indicate your agreement with the terms of such revised and then-current TOU. You may be accessing our Site from a computer or mobile phone device and these TOU govern your use of the Site regardless of how you access it. Use or access of this Site from territories or jurisdictions where the Site or any of its content is illegal, unlawful, violative of obscenity or other laws is strictly prohibited. To the fullest extent permissible by applicable law, those who choose to access this Site from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws.

Privacy Policy

All of the information that we collect from you and all of the information that you provide us (including but not limited to personally identifiable information) is subject to the Privacy Policy linked on the home page of our Site, to the fullest extent permissible by applicable law. These TOU incorporate by reference the terms and conditions of the Privacy Policy.

Site Transactions

NewGaN reserves the right to refuse, in its sole discretion, any order placed on the Site to the fullest extent permissible by applicable law. NewGaN further reserves the right to change or modify any order placed on the Site to the fullest extent permissible by applicable law. In the event any order is cancelled or changed, NewGaN will attempt to notify you of such cancellation or change, however, NewGaN does not guarantee that you will receive such notice.

Accuracy, Product Information and Shipping

The content that appears on our Site is for informational purposes only. We do our best to ensure that the information posted on the Site is timely and correct; however, errors such as typos, inaccuracies or omissions related to product descriptions, pricing, promotions, offers and availability, may appear from time to time. We reserve the right to the fullest extent permissible by applicable law to correct any such errors and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (this may occur after you have submitted your order). We further reserve the right to the fullest extent permissible by applicable law to discontinue or change specifications and prices on products and services offered on the Site without prior notice. Any merchandise displayed on the Site is available while supplies last. Your receipt of an order confirmation does not constitute NewGaN’s acceptance of an order. If your credit card has already been charged for a purchase and your order is canceled, NewGaN shall issue you a refund to your credit card account.

You will receive a shipping confirmation email once your items have shipped. We want to be sure that you are happy with your purchase, therefore, please carefully review the return policy posted on the Site.

Prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

Colors

Please note that while we have tried to accurately display the colors of products, the color may appear different in person due to factors such as the settings you have selected for the device on which you are viewing the Site.

Ownership of Site Content

Ownership of Site Content Unless otherwise stated, the text, copy, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress and other Site content (collectively referred to herein as the “Site Content”) are the exclusive property of NewGaN or its licensors, all rights reserved. Except where such permission is specifically granted in writing, NewGaN does not authorize you to modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You may download to your computer for viewing such copyrighted material for your personal and non-commercial use only. Except as otherwise expressly permitted under copyright or other applicable law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of NewGaN and, where applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. NewGaN grants you no express or implied rights by way of your permitted downloading of copyrighted material.

Restrictions On Your Use

Your use of this Site is pursuant to a single-copy revocable license granted to you. As a condition of your use of this Site, you warrant that you will not use this Site or the items purchased on this Site for any purpose that violates applicable laws, statutes, ordinances and regulations or is prohibited by these TOU. To the fullest extent permissible by applicable law, you are prohibited from: (a) modifying the Site Content, in whole or in part; (b) using the Site Content, in whole or in part, for any commercial purpose or public display, performance, sale, or rental; (c) de-compiling, reverse engineering, or disassembling software materials; (d) removing any copyright notice or other proprietary notices from the Site Content; or (e) assigning, transferring or exporting, or attempting to assign, transfer or export, the Site Content, in whole or in part, to another person. You agree to prevent any unauthorized copying of the Site Content.

Third Party Content; No Linking and Framing

The Site may contain links to other websites, however, to the fullest extent permissible by applicable law, NewGaN assumes no responsibility for the content on or related to third party websites, nor does NewGaN guarantee the performance of goods and services provided by any third party. To the fullest extent permissible by applicable law, you further agree that NewGaN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, any third party website. Any links on this Site are designed for convenience only, and do not constitute an endorsement by NewGaN of that site, its owner or host, or the products or services offered or listed on such site. As a matter of policy, NewGaN does not permit you to create or post a link or a frame to any NewGaN site (including this Site) without our prior written approval. If you wish to link to the Site, please contact us at biz@newgan.com to apply for permission to do so.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER NewGaN, ITS SUBSIDIARIES AND AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (THE “NewGaN PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SITE, ALL CONTENT AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAWS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT NewGaN PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NewGaN PARTIES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SOFTWARE USED IN CONNECTION WITH THE SITE, WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR LOSS OF DATA, LOSS OF PROFITS OR BUSINESS INTERRUPTION, EVEN IF SUCH NewGaN PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. THE EXCLUSIONS AND LIMITATIONS STATED HEREIN ARE ENFORCEABLE IN THE STATE OF NEW JERSEY; HOWEVER, SOME OTHER STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ALL SUCH STATES, AS WELL AS THE STATE OF NEW JERSEY, THE LIABILITY OF NewGaN PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Injunctive Relief

To the fullest extent permissible by applicable law, you acknowledge that any use of the Site except as expressly permitted by these TOU without NewGaN’s prior written consent will cause irreparable injury for which monetary damages would not be sufficient, and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.

Content You Post

NewGaN welcomes comments and feedback from its customers, however, it is our policy not to accept or consider unsolicited creative ideas, suggestions, proposals, plans or other material. Please note that if you do submit such unsolicited creative works, or any materials at our invitation (for example contest entries or reviews), such submissions shall be subject to these TOU to the fullest extent permissible by applicable law. By submitting material to any public area of the Site, including but not limited to product reviews, you automatically grant (or warrant that the owner of such material has expressly granted) NewGaN the worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicenseable right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, to the fullest extent permissible by applicable law. You also permit to the fullest extent permissible by applicable law any other user of the Site to access, view, store or reproduce the material for that user’s personal use. You hereby grant NewGaN the right to edit, copy, publish and distribute any material made available on the Site by you to the fullest extent permissible by applicable law. You hereby waive any right of inspection or approval of submitted materials as used and distributed by NewGaN to the fullest extent permissible by applicable law.

You agree not to post or transmit through the Site any material which violates or infringes in any way upon the rights of others, including copyright, trademark, or other proprietary right, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without NewGaN’s express prior approval, contains advertising or any solicitation with respect to products or services. You represent and warrant that you own or otherwise control all materials you submit to NewGaN.

Any conduct by you that in NewGaN’s sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services, whether or not such other services are competitive with this Site. NewGaN shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these TOU or any operating rules established by NewGaN and to satisfy any law, regulation or authorized government request. NewGaN shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site to the fullest extent permissible by applicable law. Without limiting the foregoing, NewGaN shall have the right to remove, at any time and without notice to you, any material that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Copyright Complaints

We respect the intellectual property rights of others and as such, require anyone who uses our Site to comply with these TOU and all applicable laws regarding intellectual property. If you believe that any content shown or transmitted through the Site violates these TOU or your copyright please report the violation. Any copyright violation claim must include the below elements in order to be effective:

1. A description of the copyrighted work or intellectual property allegedly infringed
2. A description of where the allegedly infringing material is located on the Site (including the URL)
3. An address, telephone number and email where you may be contacted
4. A statement that you have a good faith belief that the use is not authorized by the intellectual property rights holder
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the intellectual property owner or are authorized to act on the owner’s behalf
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed exclusive right

Title 17, U.S. Code, Section 512(c)(2) provides that notices of claimed copyright infringement must be sent to a designated agent. All notices to NewGaN should be addressed as follows:

NaBaiYe LLC c/o Equipment
By email: seller@newgan.com

By phone number: +86 198 1393 0405

By mail: 1515K9, Building A, Xinghe Century, 3069 Caitian Road, Gangxia Community, Futian Street, Futian District, Shenzhen, China

It is often difficult to determine whether intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material.

Indemnification

To the fullest extent permissible by applicable law, you agree to defend, indemnify and hold NewGaN Parties harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your violation of any provision of these TOU.

Account Responsibility

If you elect to create an account on the Site, you agree to provide true, accurate, current and complete information about yourself. To the fullest extent permissible by applicable law, you are solely responsible for protecting the security of your username and password in your possession. To the fullest extent permissible by applicable law, you are solely responsible for all actions and transactions performed using your username and password whether or not such use was authorized by you. To the fullest extent permissible by applicable law, NewGaN reserves the right to at any time, with or without notice, terminate your user account for any reason or no reason at all.

Termination

These TOU constitute an agreement that is effective unless and until terminated by NewGaN, at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive to the fullest extent permissible by applicable law.

Dispute Resolution/Arbitration

By using the Sites, you agree to the fullest extent permissible by applicable law that any dispute in any manner arising out of or relating in any way to these TOU, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to JAMS’ arbitration rules, held before a single neutral arbitrator in the Los Angeles, California area. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by NewGaN, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. This provision will not affect any claimant’s rights to seek relief from small claims court. Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective, or private attorney general action, shall be a “Class Action.” Notwithstanding anything else in these TOU or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision to the fullest extent permissible by applicable law. However, if these Class Actions restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.

General Terms

To the fullest extent permissible by applicable law, this Site and its use shall be governed by the substantive laws of the State of California and the United States of America. To the fullest extent permissible by applicable law, any rights not expressly granted herein are reserved by NewGaN. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. To the fullest extent permissible by applicable law, failure of NewGaN to enforce a right under these TOU will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. To the fullest extent permissible by applicable law, NewGaN may assign these TOU, in whole or in part, at any time with or without notice to you. You may not assign these TOU, or any part of these TOU, to any other party, and any attempt to do so will be void. NewGaN enters into these TOU on behalf of itself and its worldwide affiliates, and may enforce these TOU on behalf of those affiliates to the fullest extent permissible by applicable law. The above stated rules represent the entire understanding between each user of this Site and NewGaN, regarding the subject matter hereof and supersedes any prior statements or representations or agreements.

Questions

If you have questions about these TOU, please feel free to send us an e-mail at seller@newgan.com.