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App & Device Terms of Use
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 Newr mobile applications, including the Newr application (“Applications”), the Chef portable induction cooktop (the “Device”), as well as any other services directly owned by, or operated by or on behalf of, Newr and where these Terms are linked (collectively, with the Applications and Device, the “Platform”), including any content or functionality offered on or through the Platform. The Platform is published, owned, and operated by Newr.
IMPORTANT NOTICES:
Device requires the Applications to operate. The Newr 'Chef' Device has no physical cooking controls. The Device can be powered on and charged using its on/off button, but all cooking-related functions (selecting power level, setting timers, starting and stopping cooking sessions) require a paired and properly functioning instance of the Applications running on a compatible mobile device. See Section 4 (Service Availability) for important details.
MANDATORY ARBITRATION AND CLASS WAIVER. SECTION 18 OF THESE TERMS REQUIRES YOU AND NEWR TO RESOLVE DISPUTES THROUGH INDIVIDUAL, BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS PROCEEDINGS, WITH LIMITED EXCEPTIONS. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 18.
Lithium-ion battery. The Device contains a 967 Wh non-removable lithium-ion battery. The Device is classified as dangerous goods for transport (UN 3481). The Device cannot be transported by passenger aircraft, must be shipped by ground only, must not be checked or carried onto commercial flights, must not be exposed to fire or temperatures above 140°F (60°C), and must follow local recycling laws at end of life. See Section 7 (Battery & Transport).
The Platform is provided for informational purposes, enabling communication between you and Newr, and providing our services to you. The information and Content (defined below) provided on the Platform 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. Newr disclaims all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to our Platform, or by anyone who may be informed of any of its contents. Any personal information you provide or that is collected by Newr through the Platform shall be handled in accordance with our Privacy Policy, which is hereby incorporated by reference.
You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that you meet this requirement. The Platform is intended for household use only. Commercial or multi-unit use requires prior written approval from Newr.
Newr grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform and the data, material, content or information therein (collectively, the “Content”) solely for your personal, non-commercial, household use. You agree to use the Platform only for lawful purposes, and to comply with applicable laws.
The Device reports its own serial number and model number to the Application over Bluetooth when you pair with it. When you first connect a Device to the Application, and again when you install or reinstall the Application, the Application will ask you to accept these Terms and will present notice of the Device Data collection described in Sections 5 and 11. Acceptance at that point is a condition of using the Application with the Device.
If you are given, or if you create, an account (including any password) to access the Platform, you are responsible for maintaining the confidentiality and security of your account, including all of your passwords. When creating an account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date. Newr is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password. You are responsible for maintaining the confidentiality of any account credentials you create and for all activity that occurs under your account. Notify Newr immediately at support@newrcompany.com of any unauthorized use.
If you delete your account, we will delete your account information within a reasonable period (generally within thirty (30) days), subject to retention requirements for tax, warranty, safety, and recall record-keeping. Your Device will continue to operate to the extent it does not require an active account; however, certain Application functions (including registering the Device, receiving firmware updates, and warranty claim submissions) require an active account.
The Device has no physical cooking controls. Cooking-related functions (selecting power level, setting timers, starting and stopping cooking sessions) require a paired and properly functioning instance of the Application running on a compatible mobile device. The on/off and charge functions can be performed using the Device's hardware button. Minimum support period. Newr commits to maintain Application availability on the iOS App Store (and any subsequently launched Android version on the Google Play Store) and to provide firmware updates necessary to operate the Device with then-current mobile operating systems and Bluetooth Low Energy specifications for a period of at least three (3) years following the last date on which Newr offers the Device for retail sale (the "Minimum Support Period"). Advance notice of material changes or sunset. If Newr discontinues, materially reduces, or sunsets a function of the Application that materially affects the operation of a Device registered to your account, we will use commercially reasonable efforts to provide at least one hundred eighty (180) days' advance written notice through the Application and to the email address on file with your account. If, prior to the end of the Minimum Support Period, we permanently discontinue Application functionality necessary to operate the Device, we will (a) provide affected-user notice and (b) offer a refund or credit of a portion of the original purchase price reasonably proportionate to the unexpired Minimum Support Period.
No warranty of indefinite availability. Except for the Minimum Support Period commitment above, Newr does not warrant that the Application or any feature of the Platform will be available indefinitely or without interruption. The Application is subject to third-party-platform changes (including changes to the Apple App Store, Google Play Store, iOS or Android operating systems, or Bluetooth Low Energy protocol requirements) and other factors beyond Newr's control.
The Application controls the Device via Bluetooth (BLE). You acknowledge and agree that:
Use of the Application and Device must comply at all times with the safety instructions set forth in the Chef User Manual, as in effect from time to time and made available through the Application or at newrcompany.com/support, incorporated herein by reference. In the event of a conflict between the User Manual and these Terms, the more safety-protective requirement controls. Key requirements include, without limitation:
If the Device indicates a battery temperature alert (flashing red LED ring, or an App notification when connected and in range), or is otherwise hot, promptly move it to a cooler, shaded, ventilated location, shade or cover it, or otherwise allow it to cool before continuing to operate or charge it.
Failure to follow safety instructions may void your warranty and may create risks of fire, electric shock, or injury.
The Device contains built-in safety features designed to protect the Device and users. These features may automatically limit functionality or shut down the Device under certain conditions, including but not limited to overheating, electrical irregularities, or detected malfunctions. Such shutdowns are a normal part of the Device’s safety operation and do not constitute a defect or malfunction.
6.1 Passive Cooling, Thermal Protection, and Required User Action
No active cooling. The Device is passively cooled and has no fan or other active cooling. It can cool only toward the temperature of the surrounding air, and only as that air itself cools; it cannot cool below ambient and cannot protect itself from a hot environment without your action. Operating the Device outdoors, including in sunlight, is supported within its temperature limits.
What happens if the Device is left in heat. If the Device is left in direct sunlight or in a hot, enclosed space — for example a parked car, a dashboard, or a closed boat cockpit — its internal temperature will continue to rise with the ambient heat and solar load until it exceeds the safe storage range of 0–45°C (32–113°F). Prolonged exposure above the storage range reduces battery life and can cause permanent thermal damage; at sufficiently extreme, over-range temperatures, lithium-ion cells can enter thermal runaway, which presents a fire risk.
Acceptable and unacceptable use. Using the Device outdoors, including in sunlight, is acceptable. Leaving, storing, or charging the Device unattended in any environment where the temperature can rise above its safe storage range should be avoided.
Automatic protection. While the power switch is on, the Device monitors its internal battery temperature (including in low-power and hibernate modes). Charging is inhibited at 45°C; the Device stops cooking (discharge) when the internal battery temperature reaches 60°C while remaining powered and continuing to monitor and alert; and the battery management system performs an independent hardware hard cutoff at 63°C that disconnects the battery from the rest of the Device.
Over-temperature lockout and mandatory service. Separately from the operating cutoffs described above, if the Device, while powered, records an internal temperature at or above 80°C, it will lock out both cooking and charging as a precaution and notify you through the App that the Device has experienced unsafe high temperatures. This lockout is a precaution indicating that the Device may have been exposed to conditions outside its specification and requires inspection. If the Device enters this lockout, discontinue use, switch the Device off, do not charge it, and contact Newr at support@newrcompany.com or via www.newrcompany.com for return and service instructions. Do not attempt to bypass the lockout. If the main power switch is off during a high-temperature event, that exposure cannot be sensed, recorded, or flagged by the lockout, and you will receive no alert. Storing and operating the Device within the specified range is therefore the owner's responsibility, and exposure beyond specification may void the warranty and presents a fire risk regardless of power state.
Alerts are conditional. (a) The flashing red LED indication is available only when the Device is powered on at the manual switch and below the battery management system cutoff; once the cutoff opens, the LED ring loses power and cannot illuminate. (b) An Application notification is available whenever the Application is connected to the Device by Bluetooth and within range, and continues to function after the cutoff because the Device's controller remains powered. If the power switch is off you will receive no alert of any kind; if the Application is disconnected or out of range you will receive no Application alert. Never rely on alerts alone, and never rely on the Application as the sole means of alert.
Unresponsive Device after heat. When the battery management system cutoff opens, the Device disables cooking and charging, its LED ring goes dark, and it stops responding to controls until it is cooled and power-cycled at the manual switch. The Device may still be hot and potentially hazardous in this state, and it will look powered off even though it is not. Do not assume a dark, unresponsive Device is safe. Move it to a cool, non-combustible, ventilated location away from people and flammable materials, allow it to cool, and then cycle the manual power switch to restore operation.
Your required action and responsibility. Automatic shutdown and the Device's internal protections do not cool the Device or remove it from the heat. You are responsible for moving the Device to a cooler location out of direct sunlight, shading or covering it, or otherwise allowing it to cool. Leaving the Device in conditions that hold it at or above its safe storage range, or failing to respond to a battery temperature alert by moving or cooling the Device, constitutes misuse, is at your sole risk, may result in battery damage, fire, property damage, or personal injury, and voids the limited warranty provided under the Product Purchase Terms and Conditions.
The Device contains a non-removable lithium-ion battery with a nominal energy rating of approximately 967 watt-hours (Wh). The battery uses lithium-ion cells. Newr ships Devices to customers by ground transportation only. Newr does not ship Devices by air. Returns and warranty exchanges must also be sent by ground.
If you observe signs of battery distress (swelling, leaking, unusual heat, smoke, or smell), discontinue use immediately, move the Device to a non-combustible surface in a well-ventilated area away from people, pets, and flammable materials, and contact Newr at support@newrcompany.com. Do not attempt to recharge or open the Device.
End-of-life and take-back. Newr operates a take-back program for end-of-life Devices. When your Device reaches end of life, or you no longer wish to use it, please contact Newr at support@newrcompany.com to request a pre-paid ground-shipping label and return instructions. Newr will receive the returned Device, disassemble it, replace and refurbish components where feasible, and recycle the battery and other materials through authorized lithium-ion recycling channels. Lithium-ion batteries are recyclable and must not be placed in household trash. If you are unable or prefer not to use Newr's take-back program, please dispose of the Device through an authorized lithium-ion battery recycling program (such as Call2Recycle in the U.S., call2recycle.org).
We may send you transactional and account-related text messages, such as verification codes, order/delivery updates, firmware update notifications, 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. Safety, warranty, and recall communications may be sent regardless of your marketing-message preferences. 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.
Not all mobile devices or handsets may be supported by this service. Newr and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be 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 Newr.
You agree that you will not:
Additionally, you shall not use the Application to operate the Device in any manner inconsistent with the Device's User Manual or these Terms.
The Platform may contain links to websites and platforms controlled or operated by persons and companies other than Newr (“Linked Sites”). Linked Sites are not under the control of Newr, and Newr 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. Newr 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. Newr is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Newr 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 Newr or are identified in the Platform, including any delivery of and payment for goods and services.
The Platform and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Platform or Content in any manner, except as expressly permitted by Newr in these Terms. The Platform 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 Newr or applicable owner. Newr's U.S. Patent No. 12,568,559 (and any continuations, divisionals, reissues, or foreign counterparts) covers aspects of the Device design and operation. No license under any Newr patent is granted by these Terms except the limited operational license inherent in your purchase and use of the Device.
Copyright. You should assume that everything you see or read on the Platform is copyrighted unless otherwise noted and may not be used without the written permission of Newr. Newr neither warrants nor represents that your use of materials displayed on the Platform will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Platform is either property of, or used with permission by, Newr. 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 Platform. 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 Platform should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Platform without the written permission of Newr or such third party that may own a trademark displayed on the Platform. Your misuse of Newr’s trademark(s) displayed on the Platform, or any other Content on the Platform, except as provided herein, is strictly prohibited.
Your Content. Any Content you create or own or to which you have a license and use on the Platform is Your Content. In sharing Your Content on the Platform, you warrant and represent you have the legal right to use Your Content and grant Newr 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 Platform and Newr's products and services.
The Platform 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 Newr 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 Platform. 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, Newr 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.
Device Data. "Device Data" means all data generated, recorded, measured, or derived by the Device's internal sensors, onboard diagnostics, and firmware at any time the Device is powered on, whether or not a cooking session is in progress and whether or not the Application is connected, including internal temperature readings and thermal events, battery voltage, state of charge, charge and discharge cycle counts, charging-input characteristics, fault and error codes, protection and lockout events (including the over-temperature lockout described in Section 6), power-level and run-time records, firmware version, and Bluetooth pairing and connection records, in each case with the associated timestamps. "Analytics Data" and "Support Data" mean the two forms in which Device Data reaches Newr, as described in our Privacy Policy. As between you and Newr, Newr owns all right, title, and interest in and to Device Data, and to all analyses, models, statistics, benchmarks, reports, and other works derived from it. To the extent you would otherwise hold any right, title, or interest in Device Data, by operation of law or otherwise, you hereby irrevocably assign that right, title, and interest to Newr; and to the extent such assignment is not effective, you grant Newr a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, store, transmit, modify, analyze, distribute, and create derivative works of Device Data for any lawful business purpose, including product development, safety and reliability engineering, thermal and battery analysis, warranty and recall administration, quality control, and regulatory reporting. This assignment and license survive termination of these Terms and your sale or other transfer of the Device.
Questions regarding the use of any intellectual property provided on the Platform should be directed to info@newrcompany.com.
If you are using an iOS or Google Android version of one of our mobile applications (“App”), this section also applies to you. Apple and Google are not parties to these Terms. They
We grant you a nonexclusive, non-transferable, limited, and revocable-at-any-time license to access and use the App in accordance with the Apple Media Terms of Service, Google Play Terms of Service, and other applicable terms, as updated from time to time. Apple, Google, and their subsidiaries are third party beneficiaries of these Terms. They may have the right to enforce the Terms against you. Newr may enter into, rescind, or terminate these Terms, vary them, waive them, or settle under these Terms without the consent of any third party. You are responsible for complying with applicable third-party agreements. You are responsible for checking with your mobile carrier to determine if the App is available for your mobile devices, what restrictions may be applicable to your use of the App, and how much such use will cost you. You shall use the App in accordance with these Terms. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You may direct any questions, concerns, or complaints about the App to Newr by using the contact information in the “You may contact us with your questions or concerns” section of these Terms.
Newr is based in the United States. We make no claims that the Platform or any of its contents are accessible or appropriate in every jurisdiction. Access to the Platform may not be legal by certain persons or in certain countries. The Platform and the Device are intended for use only in the United States. The Device's certifications (FCC), warranty coverage, and Application availability are limited to the United States.
EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS OR OUR PRODUCT PURCHASE TERMS AND CONDITIONS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY NEWR TO YOU VIA THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. NEWR 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, NEWR AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PLATFORM OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PLATFORM. YOU SPECIFICALLY ACKNOWLEDGE THAT NEWR AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PLATFORM AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER NEWR NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. NEWR FURTHER MAKES NO WARRANTY THAT THE PLATFORM 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 PLATFORM IS AT YOUR SOLE RISK AND THAT NEWR, 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 PLATFORM OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST NEWR FOR DISSATISFACTION WITH THE PLATFORM OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORM AND/OR THE CONTENT.
Nothing in this Section disclaims the limited written warranty Newr provides on the Device under the Product Purchase Terms and Conditions, or any non-disclaimable rights you may have under federal or state consumer-protection law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: UNDER NO CIRCUMSTANCES SHALL NEWR 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, OR COSTS OF PROCURING SUBSTITUTE GOODS), ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION AND EVEN IF NEWR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, NEWR'S AGGREGATE LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU HAVE PAID TO NEWR IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
Some states do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. You may also have other rights which vary from state to state.
You agree to defend, indemnify and hold harmless Newr and its affiliates, directors, officers, employees, and/or agents (collectively, “Newr 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 Newr Indemnitees arising out of or relating to (a) Your Content; (b) your material breach of these Terms or the User Manual; (c) your violation of any applicable laws, rules or regulations in connection with the Platform; (d) your modification, disassembly, or attempted repair of the Device; (e) your use of the Device in a manner that violates the safety instructions in the User Manual or Section 6 above; or (f) your exposure of the Device to heat that holds the Device at or above its safe storage range, or your failure to move or cool the Device after a battery temperature alert.
You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of Newr Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Newr will give you prompt written notice of any indemnified. Notwithstanding any of the foregoing, Newr reserves the right to assume the exclusive defense and control of any proceeding that relates to Newr, the Platform, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Newr in our defense thereof.
Newr may suspend or terminate your access to the Application or your account if: (a) you materially breach these Terms or the User Manual and (where curable) fail to cure within thirty (30) days of written notice; (b) you engage in fraudulent or illegal use of the Platform; (c) we reasonably believe your account or the Device has been used to create a safety risk to you or others; or (d) we are required to do so by law, court order, or directive of a government authority. Except where prior notice is impractical (including in cases of safety risk or fraud), we will provide written notice and a reasonable opportunity to cure before suspension or termination. Termination or suspension of the Application or your account does not, by itself, terminate your warranty rights under the Product Purchase Terms and Conditions or your right to use the Device for the functions it can perform without the Application. If Newr terminates the Application for cause attributable to you, Newr shall not be liable for any losses or damages arising from the termination.
PLEASE READ THIS SECTION 18 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 Applications, the Device, or your access to or use of the Platform (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 18 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 18 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 (or, if you have already accepted these Terms before this opt-out provision was added, within thirty (30) days after we provide notice of these revised 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 Platform.
(h) Exceptions. This Section 18 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 18 (other than the class-action waiver in subsection (e)) is held to be invalid or unenforceable, the remainder of this Section 18 will remain in effect. This Section 18 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 18, 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 PLATFORM.
Any cause of action or claim you may have arising out of or relating to these Terms or the Platform 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 18, 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 Platform. 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.
Newr 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 Newr. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. 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 Platform after any such change is communicated shall constitute your consent to such change(s). We may also contact you through the Platform 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 Newr as a result of these Terms or use of the Platform. You may not assign these Terms without the prior written consent of Newr in all instances. Newr may assign these Terms, in whole or in part, at any time, including in connection with a merger, acquisition, sale of assets, or other corporate transaction. Newr’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Newr’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by Newr 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, the Product Purchase Terms and Conditions (with respect to the purchase, warranty, and return of the Device), the User Manual, and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Newr with respect to the Platform, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Newr. 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.
Questions can be directed to Newr at: info@newrcompany.com.
Our mailing address is:
2NNS LLC DBA NEWR
PO Box 7854
Greenwood, IN 46142
