Terms and Conditions

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. 

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS. THESE TERMS WILL BE BINDING UPON BOTH YOU AND THE ORGANIZATION OR COMPANY ON BEHALF OF WHOM YOU ARE ENTERING INTO THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products through www.jrorders.com (the “Site”). These Terms are subject to change by Newbold LLC, a Virginia limited liability company (referred to as “NewBold” “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product that is available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 9).

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders are subject to our acceptance and no order shall be binding upon us until our acceptance. We may choose not to accept orders at our sole discretion. You acknowledge that any confirmation email with your order number and details of the items you have ordered serves only to confirm our receipt of your order and not as our acceptance of your order. You may cancel your order at any time prior to shipping; thereafter, the order may not be cancelled.  

3. Prices and Payment Terms. 

(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service is the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and itemized in your shopping cart and your order confirmation email. While we strive to display accurate price information, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 

(b) All fees and charges are non-refundable except as set out in Section 5 below. Customer is responsible for any sales, use, goods and services, value-added, withholding or similar taxes or levies that apply to its purchases through the site, whether domestic or foreign (“Taxes”), other than our income, property, or employees. Fees and charges are exclusive of Taxes.

(c) Terms of payment are within our sole discretion. If paying by credit card, a credit card convenience fee will be applied to all purchases that are processed via credit card.  If full payment is not made through the Site, you will have the ability to pay via ACH to complete your purchase. For customers with NET terms an invoice will be sent to you. Invoices are due and payable within 30 days from the invoice date. You agree that in the event we are unable to collect any amount owed to us, we may take any other steps it deems necessary to collect such amounts from you and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees and legal costs. We may charge a late payment penalty of two percent (2%) per month on undisputed amounts, or the maximum rate permitted by law, whichever is less. Without waiving any of our other rights or remedies, we may refuse additional orders and suspend any services until all overdue amounts are paid in full.

4. Shipments; Delivery; Title and Risk of Loss. 

(a) We will arrange for shipment of the products to you. Please see the  checkout page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. We will ship your products as they become available. All back ordered products will ship by the chosen shipping method selected during checkout after processing. Processing times may vary. Orders are not processed or shipped on Saturday or Sunday or any major holiday. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. 

(b) Title and risk of loss pass to you upon shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment.

5. Returns and Refunds. 

Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of purchase with valid proof of purchase and provided such products are returned in their original condition. If any accessories or items are missing from your return shipment, you are subject to have this cost reduced from your credit and/or may be charged for missing items based on the then current manufacturer recommended retail price for the missing items. To return products, you must call 954-741-3433 or email our Returns Department at [email protected] to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns are subject to a 15% to 25% restocking fee, at our discretion. 

Refunds are processed within a reasonable time after our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

6. Manufacturer’s Warranty and Disclaimers. 

(a) We offer a 1 year repair warranty for products offered on our Site. The repair warranty begins when we ship the product. The repair warranty is not applicable to any accessories or peripherals. During the repair warranty period, if a product fails, you may notify us and request a repair on the product using the information set forth in Section 5 (Returns and Refunds). We will assist in facilitating the return of the product back to us, and then work with the original equipment manufacturer on having the repair completed and have the product returned to you. You are responsible for shipping and handling charges on products (both to and from us), and bear the risk of loss during such shipments. Fees may be charged for deployment services that must be reapplied to the product after the repair is complete. This warranty does not cover: (i) software defects, software failure, or defective accessories such as cables, power supplies, stylus pens, privacy shields, or other add-ons; or (ii) hardware that has been subject to alteration, repair, tampering, accident, abuse, misuse, fire, acts of god (including, without limitation, earthquake, flood, hurricane, lightning, or tornado), or other external causes. 

(b) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THESE TERMS, WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

(c) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

(d) YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

7. Limitation of Liability. 

(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

(b) OUR SOLE AND MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://www.newboldtech.com/privacy/newbold-privacy-policy.pdf, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

9. Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us 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)”): (a) acts of God; (b) flood, fire, earthquake, pandemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following written notice given by it under this Section 9, the other party may thereafter terminate this Agreement upon ten (10) days’ written notice. 

10. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of South Carolina.

11. Waiver of Jury Trials and Binding Arbitration.

(a) YOU AND NEWBOLD AGREE TO GIVE UP THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. OTHER RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

(b) Arbitration will be administered by a single arbitrator from the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”) in Greenville, South Carolina. The arbitrator has exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator is empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) is final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

(c) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision is severed, and the remaining arbitration terms will be enforced.

12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

13. No Waivers. The failure by us to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision is effective only if in writing and signed by a duly authorized representative of Newbold Corporation.

14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

15. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) posting to the Site. Notices sent by email is effective when we send the email and notices we provide by posting is effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Newbold, LLC, 3892 NW 124th Avenue, Coral Springs, Florida 33065. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery is effective immediately. Notices provided by registered or certified mail is effective three (3) business days after they are sent.

16. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision is deemed severed from these Terms and does not affect the validity or enforceability of the remaining provisions of these Terms.

17. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy is deemed the final and integrated agreement between you and us on the matters contained in these Terms. These Terms may not be amended except as provided herein. Without limiting the generality of the foregoing, if you provide us with a quotation, order confirmation, or any other document, such document will be deemed to be for your administrative purposes only and will not be deemed to amend these Terms.

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