Terms of Sale
Effective March 16, 2020
These Terms of Sale (or “Terms” for short) create a legally binding contract between you and NeuroTennis, Inc. (“NeuroTennis”). By placing any order through the NeuroTennis mobile app or website (the “NeuroTennis Store”), you are agreeing to be bound by these Terms. If you don’t agree with any of the Terms, please refrain from completing your order.
1. Who Can Make Purchases
To purchase items from the NeuroTennis Store, you must be able to form a legally binding contract with NeuroTennis. By completing an order, you affirm that you are at least 18 years of age or you have the consent of your parent or legal guardian in accordance with applicable law. When you submit information as part of an order, you must provide complete and accurate information.
2. Not Meant for Resale
The NeuroTennis Store sells and ships products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.
3. Return Policy
If you are unsatisfied with your purchase from the NeuroTennis Store for any reason, you are entitled to a full refund if you meet the conditions set forth below. Shipping and handling charges and taxes paid (such as state, customs, or VAT) are not refundable. To qualify for a refund, you must meet all the following conditions:
- request a return authorization from firstname.lastname@example.org within 45 days of your shipment date; provided, however, that for purchases made in November and December the deadline to request a return authorization is January 31st of the following year or 45 days from the date of shipment, whichever is longer;
- return the device and/or accessory, including all parts included in the original packaging, in good physical condition; and
- include the return authorization number with your return.
If your return fails to meet any of the above conditions, we may, in our discretion, refuse to accept it or charge you a restocking fee of up to 15% of the original price.
4. Limited Product Warranty
NeuroTennis warrants to the original purchaser that new NeuroTennis devices and accessories shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase, except that if you reside in the European Economic Area (EEA) and you purchased your NeuroTennis product in the EEA, the warranty period is two (2) years from the date of purchase. For certified refurbished NeuroTennis devices and accessories, the warranty period is ninety (90) days from the date of purchase.
Upon receipt of a valid return authorization request with the applicable warranty period, NeuroTennis will, at its option and to the extent permitted by law, either (1) repair the defective product at no charge, using new or refurbished replacement parts or (2) replace the defective product with a new product or refurbished product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This limited product warranty is valid only in the jurisdictions where NeuroTennis sells its products and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement products will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.
A. How to Obtain Warranty Service
To obtain warranty service, you must have a return authorization. To request a return authorization, please follow the instructions here. The return authorization number must be included along with your returned product. You must deliver the product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by NeuroTennis. As may be required by applicable law, NeuroTennis may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and NeuroTennis will not be responsible for any such loss.
B. Exclusions and Limitations
This limited warranty applies only to the original purchaser of a NeuroTennis product from an authorized reseller or the NeuroTennis website. NeuroTennis does not warrant that the operation of the product will be uninterrupted or error-free. The warranty does not cover:
- any embedded software (see the NeuroTennis Terms of Service for details of your rights with respect to use of the software included with a NeuroTennis product),
- non-NeuroTennis products, even if included or sold with a NeuroTennis product,
- counterfeit or stolen products,
- a product or part of a product that has been serviced, altered, refurbished, or modified by anyone other than NeuroTennis,
- any cosmetic damage such as scratches and dents,
- damage or defects caused by (a) use with non-NeuroTennis products, (b) accident, abuse, misuse, mishandling, flood, fire, earthquake, or other external causes, (c) normal wear and tear or aging of the product such as discoloration or stretching, or (d) operating the product other than as intended or described by NeuroTennis, not in accordance with NeuroTennis’ instructions, or with improper voltage or power supply.
C. Implied Warranties
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
D. Limitation of Damages
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE NEUROTENNIS PARTIES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CO1NDITION OR UNDER ANY OTHER LEGAL THEORY, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Prices are stated in the applicable currency based on your selected location, and may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to you before you place your order. We reserve the right to change the prices for any products in the NeuroTennis Store at any time without notice.
6. Ordering, Shipping and Delivery
We may refuse or cancel any order or limit any order quantity in our sole discretion, even after receiving your order. We may also require additional qualifying information prior to accepting or processing your order. While it is our practice to confirm orders by e-mail, your receipt of an e-mail confirmation does not constitute our acceptance of your order or our confirmation of an offer to sell a product.
If you wish to make a transaction through the NeuroTennis Store, you may be asked to supply certain relevant information, such as your payment and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE YOUR SELECTED PAYMENT METHOD TO COMPLETE THE TRANSACTION. By submitting payment information, you grant to us the right to provide it to third parties for purposes of facilitating transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction.
The actual delivery of your order can be impacted by many events beyond our control, and you agree we are not liable for late deliveries. Title to the products will pass to you upon delivery of the products to the carrier; however, risk of loss of, or damage to, the products will pass to you upon delivery of the products to you.
In certain regions, although we are the operator of the NeuroTennis Store, you may purchase our products from our appointed reseller, as the seller of record, pursuant to contractual arrangements between us and the reseller. As described above, this means you have a contract with that appointed reseller for the supply of those products. In such case, the point of purchase or your order confirmation will include the appropriate contact information for any issues relating to your order. NeuroTennis, Inc. and its affiliates are express third-party beneficiaries of these Terms in cases where these Terms are between you and the appointed reseller.
7. Product Availability
We reserve the right to add or remove products from the NeuroTennis Store at any time for any reason. We also reserve the right to change quantities available for purchase at any time, even after you place an order.
We make no representations as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any products available through the NeuroTennis Store. Such information and the availability of any product (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any product.
You are solely responsible for determining the compatibility of the products with any required equipment (e.g., ensuring that you are using a compatible mobile device). You agree that lack of compatibility does not constitute a defect giving rise to a claim under our Limited Product Warranty.
9. LIMITATIONS ON LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, NEITHER NEUROTENNIS, ITS MANAGEMENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING NEUROTENNIS PRODUCTS (COLLECTIVELY, THE “NEUROTENNIS PARTIES”), WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE NEUROTENNIS PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NEUROTENNIS PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE AGGREGATE, TOTAL LIABILITY OF THE NEUROTENNIS PARTIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE NEUROTENNIS PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID FOR YOUR APPLICABLE PURCHASE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEUROTENNIS AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and NeuroTennis arising out of or relating to your order via the NeuroTennis Store (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
A. Governing Law
Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws principles.
B. Informal Dispute Resolution
We want to address your concerns without needing a formal legal case. Before filing a claim against NeuroTennis, you agree to try to resolve the Dispute informally by contacting email@example.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or NeuroTennis may bring a formal proceeding.
C. We Both Agree to Arbitrate
You and NeuroTennis agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
D. Opt-Out of Agreement to Arbitrate
You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms and stating that you (include your first and last name and a valid order number) decline this arbitration agreement.
E. Arbitration Procedures
The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The arbitration will be held in Arlington, VA, or any other location to which we agree.
F. Arbitration Fees
The AAA rules will govern payment of all arbitration fees. Each party will pay its respective arbitration fees. NeuroTennis will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
G. Exceptions to Agreement to Arbitrate
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the NeuroTennis products, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
H. No Class Actions
You may only resolve Disputes with NeuroTennis on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
I. Judicial Forum for Disputes
Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and NeuroTennis agree that any judicial proceeding will be brought in the federal or state courts of Arlington, VA. Both you and NeuroTennis consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
J. Limitation on Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your order from the NeuroTennis Store must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
11. General Provisions
The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between us regarding any orders you make on the NeuroTennis Store, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us relating thereto.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without NeuroTennis’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. NeuroTennis may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by NeuroTennis under these Terms, including those regarding modifications to these Terms, will be given: (i) via email to any address you have provided to NeuroTennis; or (ii) by posting to the NeuroTennis Store. For notices made by e-mail, the date on which the message is sent will be deemed the date on which such notice is transmitted. The most current version of the Terms will always be posted on the NeuroTennis Store. Your use of a NeuroTennis product following any amendment of these Terms will signify your assent to and acceptance of its revised terms. If you do not agree to the new terms, please stop using NeuroTennis products.
NeuroTennis’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NeuroTennis. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You will not export or re-export, directly or indirectly, the products or services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, U.S. export control laws and regulations.