New Chapter, Inc.
Terms & Conditions

Last updated: March 3, 2024

 

Retailer Policy

These Terms and Conditions (“Terms”) apply to the website and all other online properties and services (the “Site”) operated or offered by New Chapter, Inc. (“New Chapter,” “we,” or “us”), including the website you are now visiting. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. By using this Site (including the services thereon), you are entering into a legally binding agreement and agree to these Terms. If you do not agree to these Terms, then you must exit the Site immediately. If you have any questions about the Terms, please contact us at info@newchapter.com.

I. Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms by reference. Any claim, dispute, or proceeding with respect to your personal information shall be resolved and adjudicated in accordance with these Terms.

 

Consumer Health Data Privacy Policy. Our Consumer Health Data Privacy Policy (the “Health Privacy Policy”) is hereby incorporated into, and forms an integral part of, these Terms. From time to time, you may furnish to us, either directly or through our third-party agents, with “Consumer Health Data” (as the term is so defined within the Health Privacy Policy), provided however, you may only furnish us with such Consumer Health Data through the following communication channels: mail (New Chapter, Inc. ATTN: Customer Support, 90 Technology Drive, Brattleboro, VT 05301) or email (info@newchapter.com). For the avoidance of doubt, you may not, under any condition, upload or otherwise input in this Site (whether via a chat-box, interactive form, or other online communication platform) any Consumer Health Data whatsoever. To the extent you furnish us with Consumer Health Data in accordance with the foregoing, you hereby represent and warrant the following: (i) you will comply with the information disclosure requirements set forth herein, (ii) you have read and understood the Health Privacy Policy, and (iii) you have the lawful right, authority, and necessary consent to provide us with Consumer Health Data. You hereby acknowledge and agree that failure to adhere to, or otherwise comply with, these conditions, representations, and the Health Privacy Policy is a material breach of these Terms. You agree to fully and completely defend, indemnify, and hold harmless New Chapter, its affiliates, licensors, and service providers for any harm, loss, and damages incurred from a breach of these Terms.

II. Communications

When you visit the Site or communicate with New Chapter, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

III. Company

If you are using the Site on behalf of a company, entity, or organization, then you represent and warrant that you (i) are an authorized representative of such company, entity, or organization; (ii) have the authority to bind such company, entity, or organization to these Terms; and (iii) agree to be bound by these Terms on behalf of such company, entity, or organization.

IV. Copyright

All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text, reviews, and other materials (collectively, the “Content”) is the property of New Chapter or its licensors, partners or affiliates and is protected by United States and international copyright laws. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; (iv) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications; and (v) if we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You hereby acknowledge and agree that you will not (i) modify copies of any materials from our Site; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; and (iv) access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by New Chapter. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Unauthorized use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws. If you wish to use any Content in a manner not otherwise approved by these Terms, you need the express written permission of New Chapter. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at info@newchapter.com.

V. Trademarks

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to New Chapter, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of New Chapter, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

VI. License and Access

You have a limited license to use the Site for personal use only. This license does not permit you to (i) resell or make any commercial use of this Site; (ii) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human-readable form any of the contents of this Site not intended to be so read (this includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser); (iii) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of Content or Marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (iv) use any data mining, bots, spiders, automated tools or similar data-gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

 

New Chapter is based in the United States, and we provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

VII. Accounts and Registration

You represent and warrant that the information you provide to us upon creating an account on the Site and at all other times will be true, accurate, current, and complete. To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Any unauthorized use of your account will be your responsibility. You agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your email address, username and password on any device that you use to access the Site. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by e-mail at info@newchapter.com. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.

In order to establish an account, you must:

• Provide us with your name, a valid e-mail address, and such other information as we may require from time to time;
• Create a password; and
• Be a legal resident of one of the 50 states of the United States of America or the District of Columbia, be located in the United States of America, and be at least 18 years of age.

You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your account or password. We will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your account and/or password(s) and any other breach of security relating to the Site. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.

 

We reserve the right to terminate any account at any time in our sole discretion, including without limitation for any failure to comply with these Terms, any fraud or abuse, or any misrepresentation that you or anyone using your account may make to us.

VIII. Making a Purchase

If you wish to purchase products or use certain services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when your item is purchased. Credit card orders shipped to a location other than your billing address may require additional verification. Tax is collected on orders shipped to the District of Columbia and to any state other than Alaska, Montana, New Hampshire, or Oregon.

 

We only sell products to individuals who can purchase with a permitted payment method.

 

You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.

 

We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.

IX. Prices, Payments, Refunds and Cancellations

Prices. You can find prices on each item's product page within the Site. For first time Subscribe and Save with NewScription™ orders and one-time orders under $50, there is a $5 flat fee for standard shipping. Expedited shipping can be purchased at additional cost. See “Shipping” below for more information.

 

Payments; Amazon Pay. We currently use third parties to process payments and accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as well as PayPal. You may choose to link a credit card to your account to facilitate a one-time, or recurring payment(s) for your orders (see NewScription™ Membership below). In the event your linked credit card expires, our third party payment processor will automatically attempt to extend the expiration date of the credit card by three (3) years in order to process your orders (“Expiration Extension”). If an order is successfully processed in conjunction with an Expiration Extension, then the credit card’s new, extended expiration date will be permanently updated within your account. If an order is not successfully processed in conjunction with an Expiration Extension, then the credit card’s new, extended expiration date will not be permanently updated within your account, and you will receive an e-mail notifying you that your order could not be placed due to an expired card. NOTE: We do not accept PayPal, Amazon Pay or AfterPay for Subscriptions. We may, from time to time, allow you to purchase our goods and products using Amazon Pay. In the event you use Amazon Pay, Amazon is solely responsible for processing your payments and you hereby agree to Amazon’s privacy terms and other contractual obligations, which may be amended from time to time, and are accessible at https://pay.amazon.com/. You agree that New Chapter is not responsible or liable for any acts or omissions undertaken by a third party payment processor, and in the event of a dispute between you and a third party payment processor, you will seek to engage directly with the third party payment processor to resolve the dispute and avoid raising any claim or complaint against New Chapter for the same.

 

Afterpay Installments by Afterpay is an external service that allows you to pay for your purchase from the Site in installments spaced out over time. For the avoidance of doubt, you recognize and agree that New Chapter is not responsible for, and you will not seek to hold New Chapter liable for, any engagement or interaction between you and Afterpay. To learn more about Afterpay, including its terms and conditions of use (such as payment obligations), its comprehensive list of FAQs, other legal terms, and the Afterpay's Privacy Policy, please visit the Afterpay website www.afterpay.com.

 

AfterPay FAQ: here

 

United States Dollars. All monetary transactions on the Site take place in U.S. dollars.

Refund Policy

New Chapter proudly stands behind the quality of every product we make. However, we know that wellness is not one-size-fits-all, so if for some reason you are unhappy with your purchase, let us know by following the steps below to receive a full refund. We are here every step of the way on your wellness journey.

 

Refunds for Online Orders: If you bought online from NewChapter.com:

 

1. Contact us by emailing info@new-chapter.com or by calling our Take Care Center at (888) 874-4461
2. When you contact us, make sure to provide your full name, the reason for return, and your order number. This information helps us process your refund as quickly as we can.
3. We will take care of the rest. Your refund will appear on your account in 5-10 business days.
4. Please note, refunds are limited to three per customer per year, and to the first bottle of a given supplement (not repeat purchases of the same item). They are subject to the below terms and conditions.

Refunds for Third Party Purchases:

 

If you are a product subscriber from newchapter.com, please refer to the subscription policy here.

 

If you purchased your product in-store, or from one of our online retailers (not NewChapter.com), your refund will be provided in the form of a prepaid Visa card. To receive your refund, gather the following:

 

1. Original UPC from the bottom of the product box
2. Proof of Purchase (Original Printed Receipt) including date and price paid
3. Your full name and mailing address clearly printed

To receive a refund, mail these items in a stamped envelope to:

X. Product Descriptions

We try our best to be as accurate as possible. However, we do not warrant that the product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.

XI. Shipping Policy

Shipping. When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process.

 

In general, all orders received before 12pm (noon) EST Monday through Friday will be processed and shipped on the same day. Orders received after 12pm (noon) EST or on a holiday will be processed the next business day. Orders will only be shipped to addresses within the 50 states of the United States of America, the District of Columbia, or Puerto Rico. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped. You can check the status of your order by clicking Track Order & Refund Status at the bottom of any of our website pages.

 

Our preferred shipping carrier is UPS SurePost. However, we reserve the right to use other shipping carriers.

 

All items must be shipped to a valid street address, PO box or APO box. Please know that if your products are being shipped to a freight forwarding service, New Chapter is not liable for lost packages or required to provide any refund of payment.

 

Standard Delivery: (Typically 3-6 Business Days after Order is Shipped)

Free Shipping for all initiating Subscription Orders and One-Time Purchases Greater than $50

$5 Flat Fee for all initiating Subscription Orders and One-Time Purchases Less than $50

• Orders are typically delivered within 3-6 business days. Actual delivery time depends on shipping distance and may vary.
• Your order will be shipped after your credit card has been charged and/or any other necessary verification has been completed.
• Delivery to some remote addresses may require up to 2 additional days.
• See www.ups.com for additional details.

XII. New Chapter Subscribe and Save with NewScription™ Membership Policies

As of November 7, 2019, the New Chapter product subscription program will be replaced by the NewScription Membership program. NewScription offers the convenience of automatically delivering products you select right to your door on a schedule you set. New Chapter may also offer exclusive discounts and other promotions such as free shipping on items available through the membership program.

New Chapter Subscribe and Save with NewScription™ Price & Promotions

Discounts on products eligible for NewScription will be displayed at the time of NewScription sign-up. NewScription discounts will be applied to the first order, and every subsequent delivery throughout the life of the NewScription, or until the NewScription is cancelled.

Payment Methods

We currently accept the following payment methods for NewScription orders:

• VISA
• MasterCard
• Discover Card
• American Express

*NOTE: We do not accept PayPal, Amazon Pay or AfterPay for Subscriptions.

Subscribe and Save with NewScription™ Processing and Notification

When you select a subscription plan at check-out, you agree and acknowledge that your subscription has an initial and recurring payment charge. Your first shipment of each New Chapter NewScription order you place will be processed within 1-2 business days after you sign up. The billing and shipping addresses chosen for your initial order will be saved in your account and used on all future orders.

 

For recurring orders on NewScription, we will send you email reminder ten (10) days head of your next shipment to update you of any modifications to the item’s price or stock. You will have a chance to review and make changes to your NewScription delivery at any time, but changes need to be made up to 48 business hours before the scheduled order date to avoid being billed for your next order. Please note that while online cancelations are effective immediately, cancelation requests received by email may take up to five (5) business days for our team to process.

 

You will also receive a shipping confirmation email once your package has left the warehouse. The billing amount will be included. The total estimated cost will be the cost of the item plus sales tax, if any.

 

NewScription orders scheduled to be processed over the weekend or a holiday will be placed on the next business day.

 

Unless you make changes to delay or cancel your order, we will charge your selected payment method on the day we process your order. Once an order has been processed and shipped, it is considered the property of the customer, and the customer will be billed based on the amount estimated in the order confirmation e-mail. The items may only be returned in accordance with this Agreement.

Problems Processing Orders:

If any problems arise with the payment method associated with your NewScription order, we will notify you via e-mail using the address associated with your New Chapter account requesting that you resolve the problem. No additional orders will be processed or shipped until the problem has been resolved.

 

In the unlikely event that a New Chapter NewScription item is not available on the day it is scheduled to be shipped, we will notify you of the delay and will attempt to fulfill the order each day for the next 15 days. If the item does not become available during that period, we will notify you and attempt to place the order for the next 15 days. If the order is still not in stock, we will attempt to send the next shipment on the next scheduled date. A Customer Service representative may contact you during this period to determine if there is an appropriate substitute for the item.

 

If a New Chapter NewScription item is no longer available, we will notify you and automatically cancel your NewScription for that item. No additional orders associated with that NewScription will be placed.

 

You may update your shipping & billing and/or your preferred payment method at any time.

Subscribe & Save with NewScription

Your NewScription and any related New Chapter NewScription discount(s) will remain in effect until you cancel your NewScription. You accept responsibility for all recurring charges prior to cancelation. You can cancel scheduled New Chapter NewScription orders or individual items at any time.

 

If you want to cancel an order from the New Chapter NewScription program, you can do so up to 48 hours before your recurring order is scheduled to be processed without being billed by logging into your newchapter.com account, navigating to the subscriptions tab and cancelling the upcoming shipment. Your cancellation will immediately go into effect, and you will no longer be charged for the NewScription item which was cancelled.

 

If it is not cancelled 48 hours prior to the scheduled order date, your items may be shipped and billed based on your account information for that NewScription item. Once an item ships, it is considered the property of the customer and returns or refunds must be requested through info@newchapter.com. Refunds are only eligible for latest subscription.

Account / Subscribe and Save with NewScription™ Changes & Termination

You may make changes to your New Chapter account and/or NewScriptions at any time. The following information may be updated:

• Shipping & billing information
• Item quantity per order
• Additional One-Time Purchases to include with NewScription replenishment order shipments
• Change, Pause, or Skip Replenishment orders
• Delivery frequency on NewScriptions, or outright cancellation

You may make eligible changes to your NewScriptions by:

• Logging into your account on Newchapter.com and selecting “Subscription”
• Or click the “Subscription” link in any e-mail you receive with updates on your New Chapter NewScriptions
• Or contact Customer Service:

By Email:	info@newchapter.com
By Site-Based Chat:	Agents Available
By Phone:	1-888-874-4461 Monday - Friday 8 a.m. – 5 p.m. ET

CONTACT US

New Chapter reserves the right to change the New Chapter NewScription policies at any time without notice. We may terminate your NewScription at our discretion without notice.

 

Discounted and Free Trials: From time to time, to the extent legally permitted, we may offer discounted and/or free trials of certain NewScriptions for specified periods of time without payment or with discounted payment. If we offer you a discounted or free trial, the specific terms of that trial will be provided in the marketing materials describing the particular trial or at registration.

 

ONCE YOUR DISCOUNTED OR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS AT THE THEN APPLICABLE PRICE FOR YOUR NEWSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR NEWSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR NEWSCRIPTION PRIOR TO THE END OF YOUR TRIAL. INSTRUCTIONS FOR CANCELING YOUR NEWSCRIPTION ARE AS DESCRIBED ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR DISCOUNTED OR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR NEWSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE DISCOUNTED AND/OR TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.

XIII. Promotions and Sales

From time to time, we may have sales or offer qualified consumers “discount codes,” “promotional codes,” “promo codes,” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site, subject to certain exclusions or any other restrictions as may be determined and communicated by us. Only valid offer codes provided or promoted by New Chapter will be honored at checkout during the specified promotional period. Codes supplied or promoted by third-parties unauthorized by us (including any unauthorized third-party websites) will not be considered valid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the “offer code” field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is refunded. Expiry dates may apply to each offer code. We are unable to retroactively apply coupons, discounts, or promotional codes to orders that have already been placed prior to or after the specified promotional period. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

 

Sponsors. From time to time, we may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by us for their statements.

XIV. Creative Ideas; Links to and from the Site

We appreciate hearing from the public and welcome your comments regarding the Site or our services. If you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (i) own, exclusively, all now known or later discovered rights to the Creative Ideas; (ii) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (iii) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensating you or any other person.

 

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Site may provide certain social media features that enable you to: (i) link from your own or certain third-party sites to certain content on this Site, (ii) send emails or other communications with certain content, or links to certain content, on this Site, and (iii) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party sites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not do any of the following: establish a link from any Site that is not owned by you; cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site; link to any part of the Site other than the homepage; or otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms. The Site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

XV. User Contributions; Reviews; Enforcement

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, including reviews of our products, goods, and services (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post will be considered non-confidential and non-proprietary. By posting any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose whatsoever. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not New Chapter, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

 

We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, and to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for New Chapter. You acknowledge and agree that we have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. We have the absolute right to terminate or suspend your access to all or part of the Site for any or no reason whatsoever, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS NEW CHAPTER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NEW CHAPTER AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NEW CHAPTER AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot, and do not undertake to, review material before it is posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards. This section constitutes the “Content Standards” that apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms, our Privacy Policy, and Health Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

XVI. DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to New Chapter, Inc., 90 Technology Dr., Brattleboro, VT, 05301.

XVII. Other Sites; SMS Terms

The Site may include links to third-party websites and applications. This includes links contained in advertisements, including banner advertisements and sponsored links. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

 

Mobile Messaging Program. In the event you opt-in to the New Chapter Mobile Messaging Program, we will collect and use your mobile telephone number to maintain and administer our Mobile Messaging Program. With your permission, we may send text messages about our store, new products, and other updates, including “Checkout Reminders,” and we use webhooks to trigger the Checkout Reminders messaging system. Please review the New Chapter Messaging Terms & Conditions for more information about the Mobile Messaging Program, including information on how to unsubscribe or update your personal information therein and your responsibilities and liabilities related thereto. In the event of a conflict between the New Chapter Messaging Terms & Conditions and these Terms, the New Chapter Messaging Terms & Conditions shall supersede and control with respect to such conflict.

XVIII. Use of Site

You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not use the Site: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or asking them for personally identifiable information; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms; (iv) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (v) to impersonate or attempt to impersonate New Chapter, a New Chapter employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm New Chapter or users of the Site, or expose them to liability. Additionally, you agree not to: (vii) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site; (viii) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (ix) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (x) use any device, software, or routine that interferes with the proper working of the Site; (xi) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (xii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (xiii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and (xiv) otherwise attempt to interfere with the proper working of the Site.

XIX. Disclaimer

We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.

 

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any content of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk. We make no promises and disclaim all liability of specific results from the use of the Site.

 

Released Parties Defined. “Released Parties” include New Chapter, Inc. and its affiliates, officers, employees, agents, partners, and licensors.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

XX. Limited Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEW CHAPTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

 

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.

 

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.

XXI. Conflict Resolution

These Terms and the relationship between you and us will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in the city of Brattleboro, VT. You agree to submit to the exclusive jurisdiction of arbiters in this forum and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible.

 

You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Site:

• YOU AGREE TO ARBITRATION
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

XXII. Termination

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.

XXIII. Updating Terms

From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated by updating the “Last Updated” section of these Terms. These Terms are effective as of the “Last Updated” date provided herein. Your continued use of the Services signifies your consent to the Terms, as of the “Last Updated” date.

XXIV. Waiver

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

XXV Severability

If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

XXVI. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will 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 contracts. Any rights not expressly granted herein are reserved.

 

If you have questions regarding these Terms or would like to request more information from us, please contact us at the following: (email) info@newchapter.com, (mail) New Chapter, ATTN: LEGAL, 90 Technology Drive, Brattleboro, VT 05301, or please use our interactive webform.