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These Terms of Use (the “Terms”) are entered into between you (“you,” or “your”) and 2NNS LLC doing business as Newr (“Newr,” “Company,” “we,” “us,” and “our”). These Terms govern your access to and use of the website located at https://www.newrcompany.com/, as well as any other websites directly owned by, or operated by or on behalf of, Company and where these Terms are linked (the “Website”). The Website is published, owned, and operated by the Company.
Please read these Terms carefully. By creating an account, signing up for our newsletter, submitting any information through a form on the Website, or otherwise interacting with the Website, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, do not use the Website .
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER (SEE SECTION 12). EXCEPT AS EXPRESSLY PERMITTED BY SECTION 12, YOU AND WE AGREE TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION AND WAIVE ANY RIGHT TO A JURY TRIAL OR CLASS PROCEEDING. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 12.
The Website is provided for informational purposes and enabling communication between you and the Company. The information and Content (defined below) provided on the Website is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. We do not warrant the accuracy, completeness, or usefulness of this Content at any particular time. Any reliance you place on such Content is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Specifications, features, images, and renderings shown on the Website are concepts and are subject to change based on final production design and certification testing. Pricing displayed on the Website is provided for general information. We reserve the right to correct pricing errors, update product availability, and decline orders containing such errors at our discretion. Any personal information you provide or that is collected by the Company through the Website shall be handled in accordance with our Privacy Policy, which is hereby incorporated by reference.
The Company grants you a non-exclusive, non-transferable, revocable right to access and use the Website and the data, material, content or information therein (collectively, the “Content”) solely for your personal, non-commercial use. You agree to use the Website only for lawful purposes, and to comply with applicable laws.
You agree that you will not:
We may send you transactional and account-related text messages, such as verification codes, order updates, newsletter delivery, warranty notifications, and safety/recall communications. We will send marketing text messages only to recipients who have separately provided prior express written consent through an opt-in mechanism. Message and data rates may apply; message frequency varies; you may opt out of marketing texts at any time by replying STOP. Not all mobile devices or handsets may be supported. The Company and any mobile carriers are not liable for delayed or undelivered messages. You are responsible for all costs, charges, and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company. You further acknowledge that: (a) no purchase is required to opt into this service; and (b) you may opt out at any time by following the instructions provided above or in our communications to you.
The Website may contain links to websites and platforms controlled or operated by persons and companies other than the Company (“Linked Sites”). Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Website, including any delivery of and payment for goods and services.
The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by the Company in these Terms. The Website and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.
Copyright. You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Website will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Website are either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Website. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. Nothing contained on the Website should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of the Company or such third party that may own a trademark displayed on the Website. Your misuse of the Company’s trademark(s) displayed on the Website, or any other Content on the Website, except as provided herein, is strictly prohibited.
Your Content. Any Content you create or own or to which you have a license and submit to the Website (for example, a customer testimonial, a blog comment, a product review, or a newsletter-form submission) is "Your Content." In sharing Your Content on the Website, you warrant and represent that you have the legal right to use Your Content and grant the Company a non-exclusive, royalty-free, worldwide license to host, store, reproduce, display, perform, modify, distribute, and create derivative works of Your Content solely for the purpose of operating and improving the Website and Newr's products and services, including in our marketing materials.
The Website services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Company systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Website should be directed to info@newrcompany.com.
The Company is based in the state of Indiana in the United States. We make no claims that the Website or any of its contents are accessible or appropriate in every jurisdiction. Access to the Website may not be legal by certain persons or in certain countries. The Website is intended for residents of the United States. We do not currently sell products or market to residents of any other country.
EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, THE COMPANY'S AND ITS LICENSORS' ENTIRE AGGREGATE LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to defend, indemnify and hold harmless the Company and its affiliates, directors, officers, employees, and/or agents (collectively, “Company Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of the Company Indemnitees arising out of or relating to (a) Your Content; (b) your breach of these Terms; (c) your violation of applicable laws, rules or regulations in connection with the Website; (d) your infringement or misappropriation of any third-party right; or (e) any unauthorized commercial or fraudulent activity you conduct in connection with the Website.
You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Company Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Company reserves the right to assume the exclusive defense and control of any proceeding that relates to the Company, the Website, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Company in our defense thereof.
In its sole discretion, the Company may terminate or suspend your access to the Website for breach of these Terms or for any reason whatsoever, with or without notice. The Company shall not be liable for any losses or damages arising from any such termination of service.
PLEASE READ THIS SECTION 12 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 Website, or your access to or use of the Website (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 account or, if none, to the most recent address on file. 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 and 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 12 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 12 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 first agree to these Terms. Your notice must include your name, mailing address, and email address. Opting out has no other effect on these Terms or your use of the Website.
(h) Exceptions. This Section 12 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.
(i) Severability and Survival. If any portion of this Section 12 (other than the class-action waiver in subsection (e)) is held to be invalid or unenforceable, the remainder of this Section 12 will remain in effect. This Section 12 will survive the termination of these Terms.
(j) Jury-Trial Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 12, YOU AND NEWR EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE.
Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law principles. Except for Disputes subject to arbitration under Section 12, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Marion County, Indiana, and the U.S. District Court for the Southern District of Indiana, in all disputes arising out of or relating to the use of the Website. The parties have required that these Terms and all documents related to these Terms be drawn up in English. As to any ambiguities resulting from translation from English to any other language, provisions in the English language shall be controlling in all respects.
The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s). We may also contact you through the Website or by email using the email that you have provided to us.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Newr is committed to making the Website accessible to users with disabilities and works to improve accessibility on an ongoing basis. If you experience any difficulty accessing any portion of the Website or have suggestions for improving accessibility, please contact us at info@newrcompany.com so that we can assist you. We will use reasonable efforts to provide the information you need in an accessible format.
Questions can be directed to the Company at: info@newrcompany.com. Our mailing address is:
2NNS LLC DBA NEWR
PO Box 7854
Greenwood, IN 46142
