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2NNs LLC, DBA NEWR
PRODUCT PURCHASE TERMS AND CONDITIONS
These terms and conditions (these “Terms”) apply to the sale of certain products (the "Product" or "Products") by 2NNS LLC doing business as Newr, an Indiana limited liability company ("Newr," "we," "us," or "our") and the purchase of such Products by the customer who places an order through our website or mobile application (each, an "Order," and you, as the customer placing an Order, "Customer" or "you"). The accepted Order and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of your general terms and conditions of purchase regardless of whether or when you have submitted them. Fulfillment of your order does not constitute acceptance of any of your terms and conditions and does not serve to modify or amend these Terms. The App & Device Terms of Use are incorporated herein and made part of these Terms, as are the Privacy Policy and the User Manual.
To place an Order, you must be at least eighteen (18) years of age and a resident of the United States. Newr currently sells and ships Products only within the United States. By placing an Order, you represent and warrant that you meet these eligibility requirements. An Order is an offer by you to purchase Products subject to these Terms; it is accepted by Newr only when Newr (a) charges your payment method and (b) sends you an Order confirmation email. Until Newr's acceptance, Newr may decline an Order in whole or in part for any reason, including suspected fraud, inability to verify your identity, suspected resale, ineligibility, geographic limitations, inventory unavailability, or pricing error. If Newr cancels or declines an Order after charging your payment method, Newr will issue a full refund to the original payment method.
We will ship Products within thirty (30) days after our acceptance of your Order, unless we communicate a different shipping window at checkout. If we are unable to ship within thirty (30) days of Order acceptance (or any later date we have stated at checkout), we will (a) notify you of the delay and revised shipping date; and (b) provide you the option to cancel the Order and receive a full refund. Risk of loss passes to you when the Products are delivered by the carrier to the shipping address you provide. Title passes to you when we receive payment in full. We use Newr's standard packaging and shipping methods for the Products.
Lithium Battery; Ground Shipping Only. Because the Product contains a 967 Wh non-removable lithium-ion battery and is classified as a UN 3481 dangerous good for transport purposes, Newr will ship the Product by ground transportation only. We are not able to offer air, expedited overnight, or international shipping for the Product. See Section 11 (Battery and Transport Restrictions) for additional safety information.
Promptly upon receipt of the Product, please inspect it for any visible damage from transit. If the Product arrives damaged, missing parts, or different from what you ordered (a "Nonconforming Product"), notify Newr in writing at support@newrcompany.com within thirty (30) days of delivery with photographs and a description of the issue, and your Order number. For Nonconforming Products timely reported and returned to Newr, Newr will, at our option and expense, either (a) replace the Nonconforming Product with a conforming Product, or (b) refund the Price paid for the Nonconforming Product plus any reasonable shipping costs you incurred. Newr will provide a pre-paid ground-shipping label for the return of any Nonconforming Product. Any such return must be shipped in accordance with Section 8(m).
Beyond delivery of Nonconforming Products, your right to return Products is governed by Newr's Return Policy in Section 8 below.
You will pay for the Products at the price (the "Price") shown on the Order at the time of checkout, plus applicable sales, use, and excise taxes, and applicable shipping and handling charges. Prices and product availability shown on our website or mobile application are subject to change at any time. The binding Price is the Price shown at checkout and confirmed in our Order confirmation. We reserve the right to correct pricing errors and to cancel any Order containing such errors (with a full refund to your payment method) before shipment. We accept payment through our designated payment processor, currently Stripe, Inc. Payment must be authorized at the time you place the Order, and Newr will charge your designated payment method upon acceptance of the Order. All payments are in U.S. dollars.
Sales and use taxes. Sales, use, and similar taxes are calculated at checkout based on the delivery jurisdiction and are collected by our payment processor on Newr's behalf. You are responsible for these taxes. You are not responsible for any taxes imposed on Newr's income, gross receipts, personnel, or property. If a tax authority later determines that additional tax is due on an Order, you will be responsible for that additional tax to the extent permitted by applicable law.
Consumer Notice. This Section 5 is the written limited warranty Newr provides on the Product. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. Some states do not allow the exclusion or limitation of certain warranties or remedies; certain limitations and exclusions in this Section may not apply to you.
Newr warrants to you that during the Warranty Period defined below, the Products will be free from material defects in material and workmanship under normal household use and conditions described in the User Manual. The "Warranty Period" ends on the earlier of (a) twenty-four (24) months after the date the Product is first paired with the Newr application ("first Phone-Pair Activation"), or (b) thirty (30) months after the Product's date of manufacture. The Product records the date of its first Phone-Pair Activation, and Newr may read that date from the Product when a warranty claim is made. If a Product is never paired with the application, clause (b) governs.
Newr shall not be liable for a breach of the warranty set forth in this Section 5 if: (i) you make any further use of the Products after notifying us of a defect (other than for the limited purpose of demonstrating or confirming the defect for the warranty claim); (ii) the defect arises because you failed to follow Newr's written instructions as to the use (including the safety requirements in the User Manual) or maintenance of the Products; or (iii) damage, defects, or other issues are caused by you altering or repairing the Products.
In addition to the foregoing, this limited warranty does not cover: normal wear and tear; damage from misuse, neglect, or failure to follow User Manual, and other end-user documentation; unauthorized modifications or repairs; damage from external causes (fire, flood, impact, or use of accessories that do not meet Newr's published specifications); damage caused by use of a charging adapter or cookware that does not meet Newr's published specifications. This warranty also does not cover damage arising from unauthorized drilling, cutting, puncturing, or penetrating of the enclosure, or from mounting the Product by drilling or fastening through the case.
Thermal misuse. This limited warranty also does not cover damage caused by operating, charging, or storing the Product outside the temperature ranges in, or otherwise contrary to, the Product's User Manual and the App & Device Terms and Conditions, including sustained exposure to heat (for example, in a parked vehicle, on a dashboard, in direct sunlight, or near a heat source) that holds the Product at or above its safe storage range, and failure to move or cool the Product after a temperature alert.
This limited warranty also does not cover any Product that has entered the protective over-temperature service lockout described in the App & Device Terms of Use as a result of exposure to temperatures beyond the Product's specified limits, or any damage resulting from such exposure; any resulting inspection, service, or replacement is at the owner's expense.
Subject to the foregoing, with respect to a defective Product during the Warranty Period, Newr shall, in its sole discretion, either: (i) repair or replace the Product (or the defective part); or (ii) credit or refund the Price of the Product at the pro rata warranty rate, provided that, if Newr so requests, you shall, at Newr's expense, return the Product to Newr. Newr will provide a pre-paid ground-shipping label for the return of any defective Product. Any such return must be shipped in accordance with Section 8(m). The replacement or repair will be warranted for the remainder of the original Warranty Period or ninety (90) days from the date of replacement, whichever is longer.
Return shipping and packaging for warranty claims. Any Product returned to Newr under this Section 5 must be shipped in accordance with Section 8(m), and Newr will pay the cost of that shipment. If you have the original shipping packaging and cushioning, you should use it. If you no longer have it and you were under an active retention obligation under Section 8(d), Newr will supply replacement packaging and the replacement-packaging charge described in Section 8(e) applies; once Newr has notified you that retention is no longer required, Newr supplies replacement packaging at no charge. If on inspection the claim is not covered by this Section 5, Newr will notify you and provide a quotation for repair; in that case you are responsible for the cost of shipping in both directions and for any repair you authorize, and if you do not respond to the quotation the Product will be handled as provided in Section 8(l).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES SET FORTH IN THIS SECTION 5 ARE YOUR SOLE AND EXCLUSIVE REMEDY AND NEWR'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION 5. TO MAKE A WARRANTY CLAIM, CONTACT SUPPORT@NEWRCOMPANY.COM WITH YOUR PROOF OF PURCHASE, SERIAL NUMBER, AND A DESCRIPTION OF THE ISSUE OR ERROR CODE DISPLAYED, IF ANY.
Disclaimer of Other Warranties. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THIS SECTION 5, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWR MAKES NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, THE APPLICATION, OR ANY RELATED MATERIALS OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
NO ORAL OR WRITTEN INFORMATION, ADVICE, STATEMENT, OR REPRESENTATION GIVEN BY NEWR, ITS EMPLOYEES, AGENTS, DEALERS, OR SERVICE PROVIDERS WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. PRODUCT DESCRIPTIONS, SPECIFICATIONS, IMAGES, DEMONSTRATIONS, ESTIMATES OF PERFORMANCE, AND OTHER PRODUCT INFORMATION ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE A WARRANTY, PROMISE, OR GUARANTEE OF PERFORMANCE EXCEPT TO THE EXTENT EXPRESSLY INCORPORATED INTO THE LIMITED WARRANTY IN THIS SECTION 5.
WITHOUT LIMITING THE FOREGOING, NEWR DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE WITHOUT INTERRUPTION, ERROR, OR MALFUNCTION IN ALL ENVIRONMENTS OR UNDER ALL CONDITIONS, OR THAT THE PRODUCT WILL PREVENT ALL HAZARDS, DAMAGE, LOSS, OR INJURY. THE PRODUCT’S SAFETY FEATURES, ALERTS, AND PROTECTIVE FUNCTIONS ARE AIDS ONLY AND DO NOT ELIMINATE THE NEED TO FOLLOW THE USER MANUAL, APP DEVICE TERMS OF USE, SAFETY NOTICES, AND ALL APPLICABLE INSTRUCTIONS.
You agree toindemnify, defend, and hold harmless Newr and its members, managers, employees, agents, affiliates, successors, and assigns (collectively, "Newr Indemnitees") against any losses, damages, liabilities, claims, judgments, settlements, awards, fines, costs, or expenses (including reasonable attorneys’ fees) arising out of or resulting from: (a) your modification, disassembly, or attempted repair of the Product in violation of Section 5; (b) your use of the Product in a manner that violates the safety requirements in the User Manual or the App & Device Terms of Use; (c) your transfer or resale of the Product in violation of these Terms; (d) your fraudulent, negligent, or unlawful act or omission. Newr will give you prompt written notice of any indemnified claim; or (e) your misuse of the Product. Newr reserves the right to assume the exclusive defense and control of any indemnified proceeding at our expense, in which case you will reasonably cooperate.
Without limiting the foregoing, the matters for which you indemnify the Indemnified Party include your use of the Product contrary to the User Manual or the App & Device Terms and Conditions, including exposure of the Product to heat beyond its specified limits or failure to respond to a temperature alert.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: NEWR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE, REVENUE, PROFIT, DATA, OR DIMINUTION IN VALUE, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT NEWR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, NEWR'S AGGREGATE LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU HAVE PAID TO NEWR FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
In addition to your remedies for Nonconforming Products in Section 3 and your limited warranty rights in Section 5, Newr provides the following return policy for Products purchased directly from Newr through our website or mobile application. This Section 8 applies only to such direct purchases. If you purchased the Product from an online marketplace, an authorized dealer, or any other reseller, your right to return the Product is governed by that seller's return policy and not by this Section, and that seller - not Newr - is the party to your purchase. Regardless of channel, you may not recover twice for the same unit: any refund, credit, or replacement you obtain from a marketplace, dealer, or other reseller for a Product extinguishes any claim for a refund or return of that same unit under this Section. Newr's limited warranty in Section 5 applies to the Product regardless of the channel through which you purchased it.
(a) Return merchandise authorization required. Every return of a Product to Newr requires a return-merchandise authorization ("RMA") issued by Newr in advance. A Product returned without an RMA cannot be accepted and may be returned to you at your expense.
(b) Eligibility for the published return tiers. A Product purchased directly from Newr is eligible for return for a refund under this Section 8 only if all four of the following are true: (i) you request an RMA within thirty (30) days of delivery; (ii) the Product has fewer than ten (10) charge cycles since first power-on, as recorded by the Product's telemetry; (iii) the Product has no recorded over-temperature protective service lockout event; and (iv) the Product has no penetration or cracking of the glass or plastic or metal case, no significant denting from impact, and no swelling, leakage, or odor from the battery. A Product that does not meet all four conditions is not eligible for a refund under this Section 8; Newr will instead inspect the Product and may make you an offer under subsection (h).
(c) The two published return tiers; fees. A return eligible under subsection (b) falls into one of two tiers: (i) Unopened, where the factory tamper-evident seal is intact; or (ii) Opened, where the Product meets the conditions in subsection (b) and has no damage requiring component replacement. A hazardous-materials return shipping and packaging fee applies to each tier and is deducted from your refund. That fee includes the cost of return freight, and Newr provides the shipping documentation described in subsection (m). The fee for each tier, and the replacement-packaging charge described in subsection (e), are those published at www.newrcompany.com/returns and in effect on the date of your Order. Payment-processing fees charged on your original Order are retained and are not refunded, because they are not returned to Newr when a refund is issued.
(d) Packaging retention. The Product ships in packaging that is authorized for the transport of the Product as a Class 9 dangerous good. You agree to retain the original shipping packaging, including all cushioning and inserts, until Newr notifies you that retention is no longer required. Newr will give that notice through the Application and by email to the address associated with your Order.
(e) Replacement packaging. If you no longer have the original shipping packaging, Newr will supply replacement packaging. Where you were under an active retention obligation under subsection (d), the replacement-packaging charge fixed under subsection (c) applies and is deducted from your refund. Once Newr has notified you that retention is no longer required, Newr supplies replacement packaging at no charge. Whether you still have the original packaging does not affect your eligibility to return the Product.
(f) Missing accessories. If the Product is returned without an accessory supplied with it, the replacement price of that accessory is deducted from your refund. Replacement prices for accessories are those published at www.newrcompany.com/parts and in effect on the date the RMA is issued.
(g) How to initiate a return; provisional and final tier. Contact support@newrcompany.com with your Order number and the reason for return. Before an RMA is issued, you must provide photographs of the shipping carton, photographs of the Product showing the glass top, all sides, and the bottom, and the Product's usage information from the Application. The tier stated when your RMA is issued is provisional and is based on the information you provide. Newr determines the applicable tier finally on receipt and inspection of the Product. If the recorded usage or the condition of the Product on receipt differs from what you represented, the tier applicable to the Product as received applies; and if the Product as received does not meet the conditions in subsection (b), subsection (h) applies instead. Returns must be shipped within fourteen (14) days after the RMA is issued and must arrive at our designated returns center within forty-five (45) days after original delivery.
(h) Products that are not eligible; Newr's offer. Where a Product is not eligible under subsection (b) - including cracked or chipped glass, a cut, burned, or broken shield or housing, a recorded over-temperature protective service lockout, a request made more than thirty (30) days after delivery, or ten (10) or more recorded charge cycles - Newr will give you a preliminary offer when your RMA is issued, based on your photographs and the Product's usage information, before you ship anything. If you choose to proceed, the Product must be shipped in accordance with subsection (m). Because the Product may be tendered for transport only by Newr as the offeror of a Class 9 dangerous good, Newr supplies the packaging, the hazardous-materials markings and labels, and the shipping papers for that shipment. You are responsible for the cost of shipping the Product to Newr on this path. Newr will quote that cost together with the preliminary offer, and you must provide a valid payment method and pay the quoted amount before Newr issues the shipping documentation and packaging. If you accept an offer under this subsection, Newr will credit the amount you paid for that shipment against the amount of the offer you accept or, where you accept repair and return, against the cost of the repair. If you decline every offer, that amount is not refunded. On receipt and inspection Newr will confirm or adjust the offer and will quote one or more of: repair and return of the Product; a credit toward the purchase of a new Product; or a cash buyback. An offer under this subsection is made at Newr's discretion, is not a refund under this Section 8, and you are free to accept or decline it.
(i) Decline an offer. If you decline an offer under subsection (h), the Product will be returned to you at your expense, except where the difference between the preliminary offer and the final offer is not attributable to the information you provided, in which case Newr will bear that expense. The cost of that shipment is a charge separate from the charge you paid under subsection (h). Newr supplies the packaging and the shipping documentation for that shipment as well. Newr will state the amount of the offer and the cost of returning the Product to you in the same communication, and will charge that cost to the payment method you provided under subsection (h), or otherwise collect it from you, before the Product ships.
(j) Products with a recorded over-temperature lockout. A Product that has entered the protective over-temperature service lockout described in the App & Device Terms of Use will not be shipped back to you in its locked state. Its battery may have been compromised, and Newr will not ship a Product in that condition. Replacement of the battery is a condition of returning such a Product to you. On inspection, you may either (i) pay for battery replacement, after which Newr will ship the Product back to you, or (ii) accept a credit or buyback offer under subsection (h). The price for battery replacement is the service price published at www.newrcompany.com/services and in effect on the date the RMA is issued. Newr will disclose the terms that apply to your Product when your RMA is issued and will obtain your agreement to them before you ship the Product.
(k) Products that cannot be repaired or returned. A Product with extreme overheat damage to the battery, or with a puncture of its structure, cannot be repaired, resold, or shipped back to you. No offer will be made for such a Product, and it will be routed to disposal or recycling. Newr will disclose this to you when your RMA is issued.
(l) Products left with Newr. If you decline every offer available for your Product, do not pay a charge required to return the Product to you, or do not respond to a repair quotation under Section 5, Newr will notify you in writing that the Product is being held. If you do not respond within thirty (30) days after that notice, Newr will send you a second written notice stating that the Product will be treated as abandoned. If you do not respond within thirty (30) days after the second notice, Newr may dispose of or recycle the Product, and no refund, credit, or other payment will be due to you.
(m) Return shipping; dangerous goods. The Product contains a lithium-ion battery and is a fully regulated Class 9 dangerous good (UN 3481, Packing Instruction 967). Any Product returned to Newr for any reason, including under Section 3 and Section 5, must be shipped as follows: (i) you must use either the original shipping packaging and cushioning or the packaging Newr supplies for the return, and no other packaging may be used; (ii) Newr supplies all required hazardous-materials markings, labels, and shipping papers, and you must not create, alter, or substitute your own; (iii) you must schedule a ground hazardous-materials pickup of the package with the courier of Newr’s selection, and the package may not be dropped off at a courier location or placed in any drop box; and (iv) a Product returned without an RMA, or in packaging other than that supplied or authorized by Newr, cannot be accepted and may be returned to you at your expense.
(n) Refund processing. Refunds will be issued to the original payment method within seven (7) business days after Newr receives and inspects the returned Product, less the fees and charges provided in this Section 8. Shipping and handling charges on the original Order are not refundable except in cases of Nonconforming Products under Section 3 or Newr's cancellation of the Order under Section 1.
(o) Damage in transit. A Product damaged in transit to you is handled as a Nonconforming Product under Section 3 or, if the Product does not operate, under the warranty in Section 5; no fee or charge under this Section 8 applies.
(p) Final-sale items. Products marked at checkout as "final sale," "clearance," or "non-returnable" are not eligible for return except for Nonconforming Products under Section 3 or warranty defects under Section 5.
(q) How usage and condition are determined. The charge-cycle count and the record of any over-temperature protective service lockout event are stored on the Product and are read from the Product when Newr receives and inspects it. That determination does not depend on any data transmitted from the Product or from your mobile device, and Newr does not use the analytics data described in the Privacy Policy to make it. If the Product cannot be powered on, or its stored records cannot be read, when it arrives at our designated returns center, Newr will treat the conditions in subsections (b)(ii) and (b)(iii) as met unless the physical condition of the Product indicates otherwise.
(r) Device Data on a returned Product. As described in the App & Device Terms of Use and the Privacy Policy, the Product records data about its own operation. Those records remain on the Product when you return it, and you authorize Newr to read them for the purposes of this Section 8 and Section 5. Returning a Product does not delete or recall data the Product has already transmitted; as stated in the Privacy Policy, the analytics data transmitted automatically by the Product is not associated with you or with your Order, and Newr is not able to locate or delete those records for a particular person or Product.
PLEASE READ THIS SECTION 9 CAREFULLY. IT REQUIRES YOU AND NEWR TO RESOLVE DISPUTES THROUGH INDIVIDUAL, BINDING ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE PROCEEDINGS, EXCEPT AS EXPRESSLY STATED BELOW. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS AFTER FIRST AGREEING TO THESE TERMS.
(a) Agreement to Arbitrate. You and Newr agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Product, your Order, or your purchase, possession, or use of the Product (a "Dispute") will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules then in effect (the "Consumer Rules"), as modified by these Terms. The arbitration will be conducted by a single arbitrator. If there is a conflict between these Terms and the Consumer Rules, these Terms control to the extent permitted by the Consumer Rules.
(b) Informal Resolution. Before commencing arbitration, the party initiating a Dispute ("Claimant") must first send a written Notice of Dispute ("Notice") to the other party ("Respondent"). A Notice to Newr must be sent to legal@newrcompany.com or PO Box 7854, Greenwood, IN 46142; a Notice to a consumer must be sent to the email address associated with the consumer's Order. The Notice must describe the nature and basis of the claim and the relief sought. The parties will attempt in good faith to resolve the Dispute by negotiation for thirty (30) days after the Notice is received. If the Dispute is not resolved during that period, either party may commence arbitration.
(c) Arbitration Procedures. Arbitration will take place in Indianapolis, Indiana, or, at your election, by telephone, videoconference, or based solely on written submissions in accordance with the Consumer Rules. The arbitrator will have the authority to award the same relief as a court, including injunctive and declaratory relief. The arbitrator's decision will be in writing and will state the essential findings and conclusions; it will be final and binding except as permitted by the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction.
(d) Fees. Each party will be responsible for its own attorneys' fees and costs except to the extent the arbitrator awards them under the Consumer Rules or applicable law.
(e) Class-Action Waiver. YOU AND NEWR AGREE TO BRING ANY DISPUTE IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT DECIDES THAT THIS CLASS-ACTION WAIVER IS UNENFORCEABLE AS TO ANY CLAIM, THAT CLAIM (BUT ONLY THAT CLAIM) MUST BE SEVERED AND BROUGHT IN A COURT OF COMPETENT JURISDICTION; THE REMAINDER OF THIS SECTION 9 WILL REMAIN IN FULL FORCE AND EFFECT.
(f) Mass-Arbitration Protocol. If twenty-five (25) or more similar claims are filed against Newr by or with the assistance of the same law firm or organized group of counsel within a 90-day window, the claims will be subject to the AAA Consumer Mass Arbitration Supplementary Rules (or, if AAA has not adopted such rules, the parties will agree to procedures designed to manage the claims efficiently, including coordinated bellwether arbitrations and staged filing-fee payment). Either party may petition AAA or a court to enforce this protocol.
(g) Opt-Out. You have the right to opt out of this Section 9 by sending written notice of your decision to opt out to legal@newrcompany.com (with the subject line "Arbitration Opt-Out") within thirty (30) days after you place your first Order subject to these Terms. Your notice must include your name, mailing address, email address, and Order number. Opting out has no other effect on these Terms or your use of any Product.
(h) Exceptions. This Section 9 does not apply to: (i) actions to enforce intellectual-property rights or to obtain injunctive or equitable relief for actual or threatened misuse of confidential information; (ii) small-claims-court actions, provided the claim remains in small-claims court and is not transferred or appealed; or (iii) claims that, by applicable law, cannot be subject to arbitration (which may include certain claims under the Magnuson-Moss Warranty Act, depending on jurisdiction).
(i) Severability and Survival. If any portion of this Section 9 (other than the class-action waiver in subsection (e)) is held to be invalid or unenforceable, the remainder of this Section 9 will remain in effect. This Section 9 will survive the termination of this Agreement and your return or disposal of the Product.
(j) Jury-Trial Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 9, YOU AND NEWR EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT.
Newr is committed to product safety. We will comply with our reporting obligations under applicable law with respect to recalls and other safety defects. In the event of a recall or safety bulletin, you agree to:
Safety, warranty, and recall communications may be sent to you by email, text, postal mail, or through the Application regardless of any marketing-communications preferences you have set. We may also use the contact information you provided to us under the Privacy Policy for the purpose of safety and recall communications.
The Product contains a non-removable lithium-ion battery with a nominal energy rating of approximately 967 watt-hours (Wh). The battery uses lithium-ion cells. The cells have been tested and certified to UN 38.3 (UN Manual of Tests and Criteria, Section 38.3, Revision 7 Amendment 1) and to IEC 62133-2:2017. Please see our App & Device Terms of Use for more information regarding the battery, transportation restrictions, and safety.
The Product and the Application contain encryption functions (including Bluetooth security protocols) that may be subject to U.S. Export Administration Regulations (EAR), 15 CFR Parts 730–774, and the Office of Foreign Assets Control (OFAC) sanctions regulations. You represent and warrant that: (a) you are not located in, organized under the laws of, or a national or resident of any country or territory subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, and the Russia-occupied regions of Ukraine); (b) you are not listed on any U.S. Government list of prohibited or restricted parties (including the Specially Designated Nationals list, the Denied Persons List, or the Entity List); and (c) you will not export, re-export, or transfer the Product to any prohibited destination, end-user, or end-use. You agree to comply with all applicable U.S. and foreign export control and sanctions laws.
Each party shall comply with all applicable laws, regulations, and ordinances.
Newr may cancel an Order or refuse to ship a Product before delivery as provided in Section 1. Newr may suspend or terminate your access to the Application or related services if you breach these Terms, the App Device Terms of Use, applicable safety instructions, your use creates a safety, security, legal, or operational risk, you engage in fraud, misuse, unlawful conduct, or unauthorized resale or transfer, as otherwise permitted under these Terms, or Newr is required to do so by applicable law or a governmental authority.
Where reasonably practicable and where the issue is capable of cure, Newr will provide notice and an opportunity to cure before terminating access. Suspension or termination of access to the Application or related services does not affect your ownership of the Product, your continuing safety, recall, transport, disposal, or other obligations relating to the Product, or any warranty rights that remain applicable under Section 5.
Termination, cancellation, suspension, return, resale, transfer, disposal, or expiration of the Warranty Period will not affect rights, remedies, obligations, or liabilities that accrued before that event. Sections that by their nature should survive, including the limited warranty, indemnification, limitation of liability, returns, dispute resolution, recall and safety obligations, battery and transport restrictions, export compliance, feedback, governing law, and notices, will survive to the extent applicable.
No waiver by Newr of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Newr. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
You may not assign, transfer, delegate, or otherwise convey any of your rights or obligations under these Terms without Newr’s prior written consent. Any purported assignment, transfer, delegation, or conveyance in violation of this Section is void. Newr may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or transfer of all or substantially all of Newr’s business or assets to which these Terms relate. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
You have no obligation to provide Newr with ideas, suggestions, or proposals regarding the Product ("Feedback"). However, if you voluntarily submit Feedback to Newr, you grant Newr a perpetual, irrevocable, royalty-free, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, distribute, and create derivative works of the Feedback for any purpose, without any attribution or compensation to you. Newr is not required to use any Feedback.
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana. Except for Disputes subject to arbitration under Section 9, any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the state and federal courts located in Marion County, Indiana, or the U.S. District Court for the Southern District of Indiana, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
Any cause of action or claim you may have arising out of or relating to these Terms or the Products must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Except as otherwise provided in these Terms, notices to you may be provided by email to the email address associated with your Order or account, through the Application, by posting on Newr’s website, or by mail to the address associated with your Order. Notices to Newr must be sent by email to legal@newrcompany.com or to:
2NNS LLC d/b/a NEWR
PO Box 7854
Greenwood, IN 46142
Notices sent by email are effective when sent, unless the sender receives a notice of delivery failure. Notices sent by mail are effective three (3) business days after deposit with the U.S. Postal Service, postage prepaid, addressed as required above. You are responsible for keeping your contact information current.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms may be updated by Newr from time to time; the version of the Terms in effect at the time of your Order will govern that Order. Newr will provide reasonable notice of material changes to these Terms (which may include notice on our website, in the Application, or by email to the address associated with your account) before they take effect for future Orders.
No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for Buyer'syour obligations to make payments to Newr hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): weather and other Acts of God, government restrictions or orders, pandemics or epidemics, acts of terrorism, widespread Internet outage(s), wars, insurrections , labor strikes or shortages, supply-chain disruptions, semiconductor or component shortages, port closures or carrier failures, and/or any other cause beyond the control of the Impacted Party. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. If a Force Majeure Event prevents Newr from shipping your Order for more than thirty (30) days beyond the originally communicated ship date, you may cancel the Order and receive a full refund.
These Terms may be executed in any number of counterparts. Unless otherwise prohibited by law, these Terms and related documents (including the Order) may be accepted in electronic form (e.g., by an electronic or digital signature, symbol, initial, checkbox, or other means of demonstrating assent as defined under U.S. federal ESIGN Act of 2000) and Newr's acceptance will be deemed binding on Seller. By placing an Order, you also consent to receive electronic records and notices under these Terms, the Privacy Policy, and the App & Device Terms of Use.
Customer service: support@newrcompany.com
Legal and arbitration notices: legal@newrcompany.com
Privacy requests: info@newrcompany.com
General inquiries: info@newrcompany.com
Mailing address:
2NNS LLC DBA NEWR
PO Box 7854
Greenwood, IN 46142
