Terms of Use - Thos Baker

Terms of Use

Your use of this website constitutes your agreement and acceptance of the following terms and conditions. The terms and conditions of this website are subject to change at any time, without prior notice. Any such changes will be posted on this page. These terms and conditions and any modifications thereto, are referred to as the "Terms and Conditions."

Copyright Notice

All content included on this site, such as text, graphics, logos, button icons, images, photographs, designs, audio clips, data compilations, and software ("Content") is the property of NEWGH LLC and is protected by United States and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content is the exclusive property of NEWGH LLC and is protected by United States and international copyright and trade dress laws. The Content may be used by you to access the information about products and services provided on this website and to purchase certain products and services offered for sale through this website. Any other use of the Content, including without limitation, the reproduction, modification, distribution, sale, transmission, creation of derivative works, publication, display, performance, linking, framing, reverse-engineering, disassembling, decompiling, or exploitation in any way of the Content, is strictly prohibited. The Content is subject to change without notice at the discretion of NEWGH LLC. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Product Information

NEWGH LLC cannot guarantee the availability of any product displayed or referred to in this website. NEWGH LLC reserves the right to discontinue the sale of any product listed on this website at any time, without notice. The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only within the United States. Such prices do not include shipping and handling or sales tax, which will be added to your invoice, if applicable. 

Product information accessed through this website is obtained from claims made by the product’s manufacturer. Manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on our web site. NEWGH LLC cannot guarantee or ensure the accuracy, completeness, or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. 

Thos. Baker can cancel and refund orders as necessary due to pricing errors or any other reasons at Thos. Baker’s sole discretion. 

Trademark Notice

Thos. Baker® is a registered trademark and service mark of NEWGH LLC, are under license from NEWGH LLC and may not be used without the express written permission of NEWGH LLC. You are not granted any rights to use NEWGH LLC's copyrights, trademarks, service marks, logos, trade dress (including, without limitation, the layout of this website) or any other names or marks, and all such items are and shall remain the property of NEWGH LLC. Other product, service and company names referenced on this website are the trademarks and service marks of their respective owners. 

All rights in the intellectual property contained on this website, including without limitation copyrights, trademarks, service marks, inventions, patent rights, and all other intellectual property or other proprietary interest are the sole property of and reserved by NEWGH LLC. Access to this website does not constitute a right to copy or use any intellectual property of NEWGH LLC or its distributors or suppliers. 

Disclaimer and limitation of Liability

This website and any information or content on this website are provided on an "as is" bases without warranties or representations of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided under applicable laws, neither NEWGH LLC, nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to this website. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages user may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if NEWGH LLC is notified in advance of the potential for any such damages. you acknowledge by your use of this website that your use of this site is at your own risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs or any equipment you used in connection with your use of this site. NEWGH LLC makes no representation that content provided on this website is applicable or appropriate for use in locations outside of the united states. 

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of NEWGH LLC under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100.00). 

This website may contain typographical errors, inaccuracies, misstatements or omissions and its content may not be complete or current. NEWGH LLC reserves the right to correct any errors, inaccuracies, misstatements or omissions and to change or update information, including errors, inaccuracies, misstatements and omissions relating to product information, pricing and availability, at any time without prior notice. NEWGH LLC assumes no liability for any such errors, inaccuracies, misstatements, or omissions. 

Use of this website and the terms and conditions presented here and the agreement they create shall be governed by and interpreted according to the laws of the state of New York and of the United States of America. By using this website, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waive any objection to such jurisdiction. THOS BAKER, LLC reserves the right to bring any civil action in New York, arising from your violation of the terms and conditions of this agreement. 

Online Conduct

You agree to use the Thos.Baker.com website only for lawful purposes. You are prohibited from posting on or transmitting through the Thos.Baker.com website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. 

NEWGH LLC may suspend or terminate any user's access to all or any part of the Thos.Baker.com website including any account thereon, without notice, for any reason, including but not limited to access that would violate any applicable law or would be harmful to the interests of NEWGH LLC, any of its affiliates or another user. 

Arbitration Clause

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through the Thos.Baker.com website (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York City Court that such litigation brought therein has been brought in an inconvenient forum. 

Any claim, dispute or controversy arising out of or relating to these Terms and Conditions (including any breach) or concerning this website shall be settled by binding confidential arbitration in accordance with the Commercial Arbitration Rules and any such arbitration proceedings shall be brought and held in New York, New York. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment on the award rendered may be entered in any court having jurisdiction thereof. This provision shall be specifically enforceable in any court of competent jurisdiction


You agree to defend, indemnify, and hold NEWGH LLC, and their affiliated companies harmless from and against all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this website.