New Frontier Bio, maker of various vitamins, dietary supplements, and other products sold on the Aramore Skincare site at www.aramoreskincare.com and other sites where these terms and conditions are posted (each, the "Site"), maintains this Site for your personal information, education and communication. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE. Your purchase or use any of New Frontier Bio, Inc.’s products constitute your agreement to these terms and conditions. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS AND CONDITIONS IS NOTED UNDER THE "TERMS AND CONDITIONS" HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
You must submit personal information on this Site in order to purchase a product. You will be required to provide contact information, consisting of an email, your name, shipping address and billing and credit card information. You are required to provide accurate and complete information. If you participate in our Auto Refill Replenishment program, you must create an account.
Account Information and Passwords
When you create an account, you agree to give us “Account Information” about yourself that is complete and accurate, and you agree to keep this Account Information current and accurate. We have the right to suspend or terminate an account and refuse use of the Site if we reasonably suspect such Account Information is untrue, inaccurate, out-of-date, or incomplete.
Upon creating an account, you will be asked to create a password. You may not share your password. You are solely responsible for securing and maintaining the confidentiality of your password and account, and you agree to accept responsibility for all activities that occur under your account. You must (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session if using a publicly accessible device. Subject to your compliance with these Terms, New Frontier Bio, Inc. grants you permission to access and use the Site and Content as set forth in these Terms, and consistent with the intended features and functions of the Site.
Without limiting any rights which we may have, we reserve the right to take any and all actions, as deemed necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms and Conditions. You may not use anyone else’s Account without the permission of the Account holder. If you become aware that your Account Information is being used without authorization, please notify us immediately. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.
Payment for products and services are considered due immediately upon purchase.
The availability of products and services described on the Site and descriptions of such products and services may vary based on location.
Subscription Auto Refill Replenishment
You may choose to participate in our subscription Auto Refill Replenishment program. Under this program, you agree to a minimum of 3 cycles of a product. After the initial 3 cycles of product purchase, your subscription will continue until it is cancelled. A recurring charge in the amount selected for Auto Refill Replenishment will be charged to your credit card each time the order ships. The shipment schedule will follow the frequency you selected when you ordered the subscription Auto Refill Replenishment.
If your credit card account number or expiration date changes, please notify us immediately to avoid interruption in product shipments. You may either log into your account and make updates or call customer support.
Orders, Reselling Prohibited
Though it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
All orders shipped 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.
Purchasing any item from this site for resale by you or any other person is prohibited. The prices displayed on the site are in U.S. dollars and are intended to be valid and effective only in the United States. We have the right to refuse or cancel orders placed, including but not limited to orders where product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Intellectual Property Rights
These Terms and Conditions provide only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that New Frontier Bio Inc., transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this Site are the copyrighted property of New Frontier Bio, Inc., or its affiliated companies and/or third party licensors. All trademarks, service marks, and trade names show on this Site are proprietary to New Frontier Bio, Inc., or its affiliates and/or third party licensors. Unauthorized use of the materials on this Site will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to New Frontier Bio, Inc. or its affiliated companies and/or third part licensors, whichever is the owner of any specific material. As such, no material from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The use of any such material on any other Web Site or computer environment is prohibited. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another user(s), or any other systems or networks connected to this Site or to any New Frontier Bio, Inc. server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or New Frontier Bio, Inc.’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to New Frontier Bio, Inc. , on or through the Site, (viii) use the Site or any interactive feature to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact New Frontier Bio, Inc. . WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY New Frontier Bio, Inc. TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. New Frontier Bio, Inc., cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this Site, nor reference hypertext documents on this Site from another website or document including e-mail, except under agreement as provided under our Affiliate program. New Frontier Bio, Inc. reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms and Conditions your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials. Nothing contained in this Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site without the written permission of New Frontier Bio, Inc, or the respective owner of the trademark.
New Frontier Bio, Inc., its members, partners and suppliers reserve all rights under intellectual property law in Company and in any content that is on the Site.
Content Use, Sharing, and Copyright
Collectively, “Content” is defined as all content available on or through the Site, including without limitation, text, headlines, files, images (such as photos, icons, visual interfaces, graphics, and design), audio and audiovisual works, software, databases, information, and the compilation, arrangement, and assembly of such Content with hyperlinks, and all other elements of the Site provided by New Frontier Bio, Inc.
You acknowledge the Site has been developed, compiled, prepared, revised, selected, and arranged by New Frontier Bio, Inc. and its affiliates and other information sources through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of New Frontier Bio, Inc. and such others. You agree to protect such proprietary rights during and after the term of this agreement and to comply with all reasonable written requests made by New Frontier Bio, Inc or its suppliers and licensors of content or other materials in order to protect their contractual, statutory, and common law rights in any Content or the Site.
Except as New Frontier Bio, Inc. may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from our Company, its partners or suppliers on the Site without our express prior written consent.
We may immediately terminate your account for our Site and any or all affiliate websites, with or without notification, if it is reasonably believed that your account is being used to engage in activity that violates applicable law or any provision of these Terms. In such event, you will not be entitled to any refund of fees for products and/or services that have not yet been provided..
Termination by You
You may terminate your account or subscription (after your 3 cycle minimum purchase) at any time by logging into your account and choosing the cancellation option or by calling customer support.
You grant us and our affiliate companies the perpetual right to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without compensation to you..
We cannot guarantee that other users will not copy, modify, distribute, or otherwise use the User Content that you share. Therefore, do not post to this Site an idea or information that you would like to keep confidential and/or do not want others to use. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content, or any other content posted by you or any other user on or otherwise accessible through the Site.
You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
This Site Does Not Provide Medical Advice
The content of this site and information provided, as well as information in response to a request made or question presented or survey completed by you (the "Information" or “content”) is for informational purposes only. The Information is not a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of a qualified health provider before making any adjustment to any medication or treatment you are currently using, stopping the use of any medication or treatment or starting any new medication or treatment, whether or not the subject was covered the Information provided to you. The Information is intended to provide users with a general understanding of certain wellness and health care topics and is not specifically applicable to any individual's medical problems, concerns and/ or needs. Any action you take on the basis of the Information provided is solely at your own risk and expense.
You will have the opportunity through our Sites to e-mail us with any questions you may have for our featured expert regarding our products, dietary supplements in general or health matters in general. Do not send us any medical, therapeutic or treatment questions. New Frontier Bio, and the experts featured on the Site do not provide medical advice, and we urge you to contact your doctor if you feel you require medical advice or treatment.
Additional Terms and Conditions for Online Applications; EULAs
When you purchase the Site’s products or services, you will be required to agree to one or more End-User License Agreements (or "EULAs") which may include additional terms. You will be bound by any EULA that you agree to.
Changes to New Frontier Bio, Inc. or Aramore Website
We may discontinue or change any of our content, product, service, function or feature at any time with or without notice.
If you participate in a chat area, message or discussion board, forum, or e-mail function from this Site or submit your success story or testimonial for publication on our Site ("Public Areas") you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. New Frontier Bio, Inc. is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. Please keep in mind that whenever you give out personal information online for example, via message boards or chat areas on this Site that information can be collected and used by people you don’t know. While New Frontier Bio, Inc. strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. Although New Frontier Bio, Inc. , may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site, New Frontier Bio, Inc. is under no obligation to do so and assumes no responsibility or liability arising from such materials nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such materials on this Site.
You agree that if you use any Public Areas, you must not:
- violate any local, state, national or international laws;
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them;
- post or distribute any material that infringes and/or violates any intellectual property right of others or the privacy or publicity rights of others;
- post or distribute any unlawful, vulgar, obscene, slanderous, hateful, discourteous, derogatory, or indecent language or images or material that is embarrassing to any other person or entity;
- advertise or sell to or solicit others;
- use the Public Areas for commercial purposes of any kind;
- post or distribute any software or other materials which contain a virus or other harmful component;
- post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
- impersonate another person or post or transmit information anonymously or under a false name;
- collect information about others, including email addresses, without their consent;
- post chain letters or pyramid schemes;
- allow any other person or entity to use your account or identification for any purpose whatsoever, including posting or viewing comments;
- after receiving a warning, continue to disrupt the normal flow of dialogue in any Public Area;
- post the same note more than once or "spamming";
- engage in any other conduct that restricts or inhibits any other person enjoying the Site, or which in the judgment of New Frontier Bio exposes New Frontier Bio, or any of its customers, licensors, or suppliers to any liability or detriment of any type.
New Frontier Bio does not and cannot review all communications and materials posted or uploaded to this Site and is not responsible for the content of these communications or materials. However, we reserve the right (but not the obligation) to monitor these Public Areas and to refuse to post, remove or edit content from any of these areas at any time and for any reason. In addition, we reserve the right to take any action we think necessary to enforce compliance with your agreement or to protect the personal safety of our users or the public, including recording dialogue in public chat rooms and terminating a user’s access to the Public Areas or the Site. New Frontier Bio has no liability or responsibility to users of this Site or any other person or entity for performance or nonperformance of any such activities.
Proper Use of This Site
When you use our blogs or other social and communications functions, you agree at all times to comply with the New Frontier Bio, Inc. Community Guidelines.
You may use our products and services for lawful purposes only and may use the Site only in ways consistent with the law.
New Frontier Bio, Inc. may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed.
Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning New Frontier Bio, Inc., products, services or this Site electronically, including notice to any email address that you may provide.
We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.
No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you, or others, may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
Third Party Sites and Advertisers
New Frontier Bio, Inc. may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our partners, suppliers or advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Company is not responsible for any claim or loss due to a third party site or any advertiser.
You should be aware that when you are on this Site, you could be directed to other websites that are beyond our control. There are links to other websites from New Frontier Bio, Inc. pages that take you outside of our service. For example, if you "click" on a banner advertisement or a link, the "click" may take you off this Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that we do not control. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We make no representations concerning the content of any such third party websites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites
Age of Users
Disclaimer of Warranties
We provide this Site and its contents "AS IS." We and our partners and suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR PARTNERS AND SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
Limitation of Liability and Disclaimer
The use of this Site and the Information is at your own risk. When using this Site, information will be transmitted over a medium over which New Frontier Bio, has no control or jurisdiction. Therefore, New Frontier Bio, Inc., does not assume any liability for or relating to the delay, failure, interruption, or corruption of any information transmitted in connection with the use of this Site. This Site and the Information given through this Site are provided without charge and are provided on an "As Is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, New Frontier Bio Inc., DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you. New Frontier Bio, Inc. does not warrant that the Information contained on this Site will be uninterrupted or error free, or that defects will be corrected. New Frontier Bio, Inc. makes no warranty as to the accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Information, links or communications provided on or through the use of this Site and does not warrant against human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of the Site or compliance with respect to laws governing the products, services or promotions offered on this Site. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL OR ANSWERED QUESTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
You agree to defend, indemnify, and hold harmless New Frontier Bio, Inc. and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
Choice of Law and Location for Resolving Disputes
Arbitration Agreement and Class Action Waiver
You and New Frontier Bio, Inc. agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate an arbitration, New Frontier Bio, Inc. will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified New Frontier Bio, Inc. in writing and provided a copy of the arbitration proceedings. However, if New Frontier Bio, Inc. is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to New Frontier Bio, including the filing fee. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against New Frontier Bio, Inc. and may not preside over any kind of representative or class proceeding against New Frontier Bio, Inc.. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST New Frontier Bio, Inc. IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE'S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY.
YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.
Severability and Integration
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