These Trade-In Program Terms and Conditions ("Trade-In Terms") govern participation in the Neon Pace Clock Trade-In Program (the "Program") offered by Neon LLC, a Virginia limited liability company ("Neon," "we," "us," or "our").
## How the Program Works, in Order
This is a plain-language summary so you can see the whole Program at a glance before reading the full terms below. If this summary and a numbered section conflict, the numbered section controls.
- 1. You order and pay the full Purchase Price for the Neon Pace Clock at checkout, and check the box enrolling your order in the Program.
- 2. Neon emails you an Order Estimate: a non-binding, individualized estimate of what your Trade-In Device might be worth.
- 3. Neon ships your Neon Pace Clock. It ships regardless of whether you ever send a Trade-In Device.
- 4. If you want the trade-in credit, you postmark your Trade-In Device to Neon within 14 days of the Delivery Date. Sending a device is entirely optional and has no effect on your order either way. A device postmarked after that deadline may receive no trade-in credit. Sections 4 and 6 state the full rule for a late device.
- 5. Neon receives and inspects the Trade-In Device, then emails you the Final Trade-In Value.
- 6. You have 7 days from that email to decline the Final Trade-In Value. Two paths from there:
- You do not decline: Neon refunds the Final Trade-In Value to your original payment method.
- You decline: Neon invoices you for the actual carrier cost of the return shipment plus a handling fee of up to $100. Pay within 30 days and Neon ships your device back to you. Do not pay within 30 days and the device is deemed abandoned: title vests in Neon and nothing is owed either way (Section 6).
This is the trade-in timeline only. Returning the Neon Pace Clock itself, for any reason, follows a separate and longer timeline described in Neon's Warranty and Return Policy, with its own Return Period. The two timelines run independently and have different deadlines. Meeting one does not satisfy the other.
1. Program Enrollment; Assent; Records; Optional Submission; Full-Price Purchase
You must pay the full purchase price shown at checkout for the Neon Pace Clock. No trade-in credit, discount, or price reduction is applied at checkout. Any trade-in value is issued, if at all, solely as a post-purchase refund under Section 5.
To enroll an order in the Program, you must check the box in the trade-in form at checkout confirming that you have read and agree to these Trade-In Terms, identified by the version and effective date above. Checking that box and completing checkout binds you to the version of these Trade-In Terms in effect on your order date. With each order, Neon records the checkbox value, the order number, and the timestamp. Neon does not undertake to maintain, publish, or furnish a superseded version of these Trade-In Terms, and where the version in effect on your order date is not available, the version then posted governs. Purchasing a Neon Pace Clock without checking that box does not enroll your order in the Program and does not bind you to these Trade-In Terms.
If you do not send a Trade-In Device, your order still ships as described above and you will not receive a Trade-In Refund.
If you send a Trade-In Device, its transfer to Neon and your Neon Pace Clock purchase are linked components of the Program. Eligibility for a Trade-In Refund is conditioned on the associated Neon Pace Clock purchase remaining completed, paid, and unreversed, as described in Section 7. Neon's rejection of a Trade-In Device does not by itself cancel, reverse, or modify your Neon Pace Clock purchase.
A pace clock Neon receives from an order not enrolled in the Program is not a Trade-In Device, and these Trade-In Terms do not otherwise apply to it. Neon will invoice you for the cost of returning it: the actual carrier cost for the return shipment plus a handling fee of up to $100. Neon quotes you the amount before you pay it; you may pay the invoice or not. The invoice date is day zero; you must pay by 11:59 p.m. Eastern Time on the thirtieth calendar day after the invoice date, or the pace clock is deemed abandoned. For example, if Neon sends the invoice on September 10, payment is due by 11:59 p.m. Eastern Time on October 10. On abandonment, title to and ownership of the pace clock vest in Neon, nothing further is owed by either party for it, and Neon may retain, repair, recycle, resell, donate, destroy, or otherwise dispose of it, subject to applicable law.
2. Defined Terms; Non-Binding Estimates
"Trade-In Device" means the used pace clock you identify in the trade-in form and, if you choose to participate, ship to Neon under an enrolled order.
"Purchase Price" means the price for the new Neon Pace Clock shown at checkout, excluding separately stated taxes and shipping charges.
"Total Charged" means the Purchase Price plus any sales tax charged on it at checkout, excluding shipping.
"Advertised Price" means any "as low as" or similar net-price figure Neon publishes on the product page, the store grid, or in advertising. It assumes the maximum available trade-in value for an eligible device in good condition. It is a generic illustration, not a quote for your device.
"Order Estimate" means the individualized written estimate Neon emails you after you place your order, based on the information you submitted in the trade-in form. It is more specific than the Advertised Price but remains non-binding.
"Final Trade-In Value" means the amount Neon determines after physically inspecting your Trade-In Device under Section 5. It may be lower than, higher than, or equal to the Advertised Price or the Order Estimate, including zero.
"Decline Period" means the 7 calendar days beginning on the date Neon sends the Final Trade-In Value notice described in Section 5, which is day zero; the Decline Period ends 11:59 p.m. Eastern Time on the seventh calendar day after that date. For example, if Neon sends the notice on September 10, the Decline Period ends at 11:59 p.m. Eastern Time on September 17.
"Trade-In Refund" means the amount Neon refunds to you under Section 5 after your acceptance, whether express or deemed, of a Final Trade-In Value greater than zero, including the proportional share of sales tax refunded with it under Section 5.
Each Neon Pace Clock on an order has its own Delivery Date and, if enrolled, its own Trade-In Device, Final Trade-In Value, and Trade-In Refund; the Section 7 adjustment applies per clock.
None of these figures binds Neon: any trade-in benefit arrives later, if at all, as a refund under Section 5. Neon makes no guarantee that any Trade-In Device will qualify for any trade-in value.
3. Representations: Age, Capacity, and Ownership
You represent and warrant that you are at least the age of majority in your state of residence and have full legal capacity and authority to enter into these Trade-In Terms and complete the transaction.
You further represent and warrant that you are not acting as a reseller, broker, or intermediary and that you either (a) own the Trade-In Device or (b) have obtained all necessary rights and authorizations from the lawful owner to surrender, transfer, and dispose of the Trade-In Device under these Trade-In Terms. You further represent that the Trade-In Device is free of liens, leases, contractual commitments, security interests, or other third-party claims.
If you are entering these Trade-In Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" in this Section 3 refers to the organization for ownership and authority purposes and to you personally for the age and capacity representation.
4. Shipping Instructions; 14-Day Postmark Deadline; Transit Risk
Neon emails the Trade-In Device shipping address and instructions to the order email; see Section 13. You are responsible for packaging the device to prevent damage, including any identifier Neon requests, for all shipping costs, and for retaining tracking information and proof of postmark as described below.
"Delivery Date" means the date the carrier's tracking record first shows your new Neon Pace Clock as delivered to the shipping address on your order. If the carrier later corrects that record, the corrected date applies. If your order shipped in more than one package, the Delivery Date is the delivery date of the package containing the Neon Pace Clock.
"Trade-In Deadline" means the fourteenth calendar day after the Delivery Date, which is day zero. For example, if the Delivery Date is September 10, the Trade-In Deadline is September 24.
You must postmark the Trade-In Device to Neon's shipping address no later than the Trade-In Deadline. This is a postmark deadline, not a receipt deadline: a Trade-In Device postmarked on or before the Trade-In Deadline is timely even if Neon does not physically receive it until later. Neon accepts either a dated carrier acceptance receipt or the carrier's tracking record showing an acceptance scan on or before the Trade-In Deadline as proof of timely postmark. Proof of postmark rests with you. Retain it until Neon issues your Trade-In Refund or notifies you that your Trade-In Device is ineligible.
Neon's practice is to state the calendar Trade-In Deadline in writing once the Delivery Date is known, as a courtesy; the deadline itself runs from the Delivery Date whether or not you received that notice.
A Trade-In Device postmarked after the Trade-In Deadline is late. A late Trade-In Device receives no trade-in value, and, as stated in Section 6, Neon will not return it. Neon may, in its sole discretion, accept a late Trade-In Device and issue a Trade-In Refund despite the late postmark. Doing so for one order does not waive this deadline for any other order and does not create an obligation to grant a similar exception again.
You bear all risk of loss, theft, and damage to the Trade-In Device while it is in transit to Neon, whether or not the postmark was timely. Neon is not responsible for a Trade-In Device that is lost, stolen, damaged, or misdirected before Neon receives it, and a lost or damaged device may receive a reduced or zero Final Trade-In Value under Section 5 even where the postmark was timely. If Neon never receives a Trade-In Device you shipped, no Trade-In Refund is due for it regardless of whether the postmark was timely. A carrier's failure to deliver the package is a transit-risk loss you bear under this Section, and it does not entitle you to a Trade-In Refund, a replacement device, or compensation from Neon. Section 6 states who bears this risk on the return leg of a declined device.
5. Condition; Inspection; Final Determination; Decline Right; Refund
Neon will inspect each Trade-In Device after receipt. Neon may reduce or deny trade-in value based on any factor Neon considers relevant to eligibility or value, including model, functionality, missing parts or documentation, physical damage, corrosion, unauthorized modification or repair, safety, authenticity, ownership concerns, or a discrepancy between the information submitted with your order and the device Neon received.
Neon's record of its inspection, in whatever form Neon keeps it, is the inspection record for purposes of these Trade-In Terms.
Neon has sole authority to determine the Final Trade-In Value (see Section 2). The amount itself is not subject to a counteroffer, negotiation, or an appeal process within the Program.
After inspection, Neon emails the Final Trade-In Value to the address on your order (the "Final Trade-In Value notice").
If the Final Trade-In Value is zero, no refund is issued and the rest of this Section 5 does not apply: Section 6's no-return rule governs the device without exception, because there is no value to accept or decline.
If the Final Trade-In Value is greater than zero, you have the Decline Period to decline it by contacting Neon at [email protected]. You do not need to give a reason.
If you expressly accept the Final Trade-In Value, that acceptance is final and ends the Decline Period. If you do not decline within the Decline Period, you are deemed to have accepted the Final Trade-In Value. In either case Neon submits the Final Trade-In Value as a refund to the original payment method. Because the Trade-In Refund is a partial refund of what you paid, Neon refunds the sales tax on that portion proportionally as well. If the original payment method cannot accept the refund, Neon will issue it by another reasonable method after you confirm your details. Keeping the email address on your order current and checking it is your responsibility, as stated in Section 13.
If you decline within the Decline Period, Neon will invoice you for the cost of returning the Trade-In Device: the actual carrier cost for the return shipment plus a handling fee of up to $100. Neon quotes you the amount before you pay it; you may pay the invoice or not. If you pay it, Neon ships the Trade-In Device back to you, and Section 6 states who bears the risk on that return shipment. The invoice date is day zero; you must pay by 11:59 p.m. Eastern Time on the thirtieth calendar day after the invoice date, or the Trade-In Device is deemed abandoned. For example, if Neon sends the invoice on September 10, payment is due by 11:59 p.m. Eastern Time on October 10. Section 6 states the consequence of abandonment: title vests in Neon, and nothing further is owed by either party for it.
Your payment provider, not Neon, controls how long a submitted refund takes to appear in your account.
6. Ownership Transfer; Return of a Declined Device; No Return Otherwise; Remedies; Limitation of Liability
Sending a Trade-In Device is optional. If you send one, title to and ownership of that device transfer to Neon on the earliest of: (a) your express acceptance of the Final Trade-In Value, which under Section 5 is final and ends the Decline Period; (b) expiration of the Decline Period without a timely decline; (c) Neon's issuance of your Trade-In Refund; (d) the Trade-In Device being deemed abandoned under Section 5 because you did not pay the return invoice by the deadline stated in that section; or (e) Neon's written notice to you that the Trade-In Device was postmarked late and is not accepted under Section 4, that it is ineligible, that it has been assigned a Final Trade-In Value of zero, or that Neon has refused, canceled, limited, or denied your participation in the Program under Section 9.
Title does not pass under (c) while the Decline Period remains open. If Neon issues your Trade-In Refund before the Decline Period ends, title passes under (c) when the Decline Period ends or when you expressly accept the Final Trade-In Value, whichever comes first. This paragraph does not delay the transfer of title under (b), (d), or (e), and a notice under (e) is effective when Neon sends it, including while a Decline Period is open.
Before title transfers under this Section 6, Neon holds the Trade-In Device but does not do so as a bailee, escrow agent, trustee, or your agent or fiduciary, and owes no duty beyond ordinary care in its physical handling of the device. You authorize Neon to inspect, test, and hold the Trade-In Device before title transfers, and, once title transfers, to retain, repair, recycle, resell, donate, destroy, or otherwise dispose of it, subject to applicable law.
If you timely decline the Final Trade-In Value under Section 5 and pay the resulting invoice, Neon will return the Trade-In Device to you. If Neon cancels your order before shipping the Neon Pace Clock and Neon has already received your Trade-In Device, Neon will return that Trade-In Device to you at Neon's expense, unless Neon cancels because of suspected fraud or for a reason described in Section 9. These are the only circumstances in which Neon returns a Trade-In Device. Risk of loss and damage to the Trade-In Device on a return shipment passes to you when Neon delivers it to the carrier for shipment back to you.
In every other circumstance, Neon will not return a Trade-In Device, for any reason, including that it is damaged, incomplete, unsafe, counterfeit, subject to a third-party claim, assigned a zero Final Trade-In Value, ineligible, or deemed abandoned under Section 5. Do not send a device unless you accept that, outside the decline-and-pay path in Section 5, the transfer is final and the Final Trade-In Value may be zero.
Monetary damages are your sole and adequate remedy for a dispute concerning the Trade-In Device; you waive replevin, specific performance requiring the device's return, and injunctive relief over its possession or disposition, to the fullest extent the law allows. This does not limit the decline-and-return path in Section 5 while it remains available to you under that section's own deadlines.
To the maximum extent permitted by law, Neon's total liability arising out of or relating to a Trade-In Device or the Program shall not exceed the Trade-In Refund actually issued, if any. Neon will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits or business interruption. Some states do not allow the exclusion or limitation of certain damages or remedies, so the limitations in this Section 6 may not apply to you to that extent. This limitation does not apply to loss of or damage to a Trade-In Device caused by Neon's gross negligence or willful misconduct while the device is in Neon's physical custody and before title has transferred under this Section 6.
7. Returns, Cancellations, Payment Disputes, and Refund Adjustments
The Trade-In Refund is a conditional adjustment tied to the associated Neon Pace Clock purchase. It is not payable if that purchase is canceled or reversed, or if you return the Neon Pace Clock for a purchase-price refund, whether under the Return Period in Neon's Warranty and Return Policy or any other return right.
If Neon already issued your Trade-In Refund before you return, cancel, or reverse the Neon Pace Clock purchase, Neon will deduct the Trade-In Refund already issued for that clock, and any fee deducted under Warranty and Return Policy Section 5.2, from the amount it otherwise refunds for that clock. Warranty and Return Policy Section 5.4 states how that amount is computed and controls that computation. Neon will provide a written itemization of this adjustment. If no Trade-In Refund has yet been issued when you return, cancel, or reverse the purchase, none will be issued afterward, whether or not a Trade-In Device is still with Neon in the Decline Period or awaiting a return invoice under Section 5.
If you initiate a chargeback or payment dispute over the Neon Pace Clock purchase, Neon may suspend any Trade-In Refund not yet issued while the dispute is pending. Initiating a dispute does not by itself forfeit the Trade-In Refund. If the dispute results in cancellation or reversal of the purchase, or the purchase otherwise remains unpaid once the dispute concludes, the Trade-In Refund is forfeited. Neon may offset an issued Trade-In Refund against amounts it otherwise owes you, or pursue recovery through any remedy available under these Trade-In Terms or applicable law.
A return, cancellation, chargeback, or payment dispute does not restore your ownership of a Trade-In Device for which title has already transferred to Neon under Section 6, and does not require Neon to return it outside the decline-and-pay path in Section 5.
8. Data Removal; Configuration; Security
Before shipment, you must remove personal information, network credentials, access controls, and configurations from the Trade-In Device and retain any backup you need. Neon does not inspect Trade-In Devices to retrieve personal information and does not provide data-recovery services. If Neon encounters residual data during ordinary inspection or processing, Neon may erase or destroy it without returning or preserving it. To the maximum extent permitted by law, Neon is not responsible for loss of data you failed to remove or back up, except to the extent applicable law does not permit that limitation.
9. Right to Refuse or Limit Participation; Fraud and Misrepresentation
Neon reserves the unrestricted right, at any time and for any reason, to refuse, cancel, limit, or deny participation in the Program, including limiting the quantity or frequency of trade-ins. Such decisions do not constitute a breach of contract. This right does not reopen or reverse a Final Trade-In Value that Neon has already sent to you under Section 5; once sent, that determination is governed exclusively by Section 5's decline and deemed-acceptance rules, not by this Section 9, except as the next paragraph provides for fraud, misrepresentation, or abuse of the Program. Before Neon sends a Final Trade-In Value, this Section 9 applies without limitation.
Neon may also deny trade-in value, permanently bar participation in the Program, or pursue legal remedies if Neon reasonably believes you have engaged in fraud, misrepresentation, or abuse of the Program.
10. Indemnification
You agree to indemnify, defend, and hold harmless Neon LLC and its members, managers, officers, employees, and agents from any third-party claims, damages, losses, liabilities, costs, or expenses arising out of or related to your participation in the Program, including a third-party claim of misrepresented ownership or condition, or a third-party payment dispute, except to the extent the claim results from Neon's own gross negligence or willful misconduct.
11. Governing Law; Exclusive Venue; Severability
These Trade-In Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.
Any action arising out of or relating to the Program or these Trade-In Terms must be brought exclusively in the state courts of the Commonwealth of Virginia located in Prince William County, including its General District Court and Circuit Court, whichever has subject-matter jurisdiction over the claim, for state-law matters, or in the United States District Court for the Eastern District of Virginia, Alexandria Division, for matters within federal subject-matter jurisdiction. Each party consents to personal jurisdiction and venue in those courts, subject to any right or limitation applicable law does not permit the party to waive.
If any provision of these Trade-In Terms is held unenforceable or invalid, that provision will be limited or reformed to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect. If a provision cannot be reformed, it will be severed and the rest of these Trade-In Terms will continue to apply.
12. Entire Agreement; Other Policies; Survival
These Trade-In Terms, the trade-in information you submitted with your order, Neon's Section 5 notices (the Final Trade-In Value notice and any return invoice), and the Terms of Sale governing the associated purchase constitute the agreement regarding the Program. This Section 12 supplements, and does not replace or narrow, the entire-agreement provision in Terms of Use Section 13 and the documents listed there, each of which continues to apply according to its own terms. If these documents conflict, Neon's Section 5 notices control only the device-specific inspection findings, the Final Trade-In Value, and the return invoice amount, and these Trade-In Terms control all other Program matters. Neon's Warranty and Return Policy separately governs whether the Neon Pace Clock may be returned, subject to the Trade-In Refund adjustment in Section 7.
Provisions concerning ownership transfer, device disposition, refund adjustments, limitation of liability, indemnification, governing law, and venue survive completion or termination of the transaction to the extent needed to give them effect.
13. Notices and Contact
Neon sends order-specific and Program notices, including the Order Estimate, shipping instructions, Trade-In Deadline, Final Trade-In Value notice, and any return shipping and handling invoice under Section 5, to the email address associated with your order. You are responsible for keeping that email address current and for checking it. A notice is effective when Neon sends it to the email address on your order, whether or not you read it.
Questions about the Program should be sent in writing to [email protected]. Please use email rather than the phone for these, so that both you and Neon have a record of what was asked and what was answered. For formal legal notices, send written notice to Neon LLC at Neon's then-current business mailing address, available on request from [email protected].