Your use of the Nexusidentity.com web site (the "Site") is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this Site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this Site and please do not submit any orders for products or services.
These terms and conditions may be changed by Nexus Identity in the future. It is your responsibility as a user to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the site. Your continued use of the Nexusidentity.com web site following any amendments will constitute agreement to such amendments.
Copyright: ©2012 Nexus Identity. All rights reserved. All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, and the compilation of this content are the property of Nexus Identity or its content suppliers and protected by U.S. and international copyright laws. All software used on this site is the property of Nexus Identity or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
Trademarks: Nexus Identity and the Nexus Identity Logo are service marks of Nexus Identity in the United States and other countries. Nexus Identity's service marks may not be used in connection with any product or service that is not provided by Nexus Identity, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nexus Identity. All other trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Nexus Identity and these companies.
Product Descriptions: Nexus Identity attempts to be as accurate as possible on all product descriptions that are available through Nexusidentity.com. However, Nexus Identity does not warrant that product descriptions or other content on Nexusidentity.com is accurate, complete, reliable, current, or error-free. If a product offered on Nexusidentity.com is not as described, your sole remedy is to return it in unused condition.
Pricing: While Nexus Identity tries to ensure accuracy, Nexus Identity reserves the right at any time to correct any errors in pricing or descriptions and to cancel or refuse to accept any order based on an incorrect price or description. Product and service prices and specifications are subject to change without notice. Nexus Identity reserves the right to limit quantities. Descriptive, typographic, or photographic errors are subject to corrections. Because of custom orders, shipping charges, and other factors, the final invoice for a product or service may be different than the original invoice as provided by Nexus Identity to the customer. When this occurs, Nexus Identity will contact the customer by phone or email with the final invoice before processing the order and credit card or other payment.
Timelines: Timeline(s) you have been provided are based on your immediate signed approval of the artwork, approval of the digital preproduction samples, or physical preproduction samples (if either are supplied to you). Your in-hands date will be affected if there are ANY delays in approval of the order, payment of order, or any other action specific to your order. Nexus Identity will NOT be held liable for any financial or business losses that occur as a result of missed in-hand date(s).
Cancellations and Alterations to Existing Orders: Once an order is acknowledged, we cannot guarantee our ability to make changes or cancellations to it. Nexus Identity will make every effort to comply with your cancellation or change order request. As such you are liable to pay the amount for any work completed until your cancellation or change order request is received, processed, and completed by Nexus Identity. The amount due for any cancelled or change order requests includes product costs, freight costs, setup costs, and any other fees incurred as a result of the cancellation or change order request. Change order requests may result in higher product costs, freight costs, setup costs and a longer production time than indicated on your quote, invoice, website, or our published production timeline.
Defective Products: No refunds, discounts, credit memos, rebates, etc will be granted after 15 calendar days after delivery of your order. Nexus Identity reserves the right to not reproduce, reprint, or redo in any way any defective products. If deemed appropriate Nexus Identity will offer a refund, discount, or credit memo. ALL REFUNDS, CREDIT MEMOS, OR DISCOUNTS ARE AT THE SOLE DISCRETION OF NEXUS IDENTITY.
Overruns and Underruns: In certain instances you may receive an overage or a shortage on your order. Due to manufacturing quality and production standards there will be overruns and occasionally underruns. Nexus Identity will do everything possible to reduce this occurrence. The industry standard on most products is +/- 10%. For instance, if you order 1000 mugs, you could potentially receive between 900 and 1100 mugs. Exceptions to the above are paper and plastic bags which may very +/- 25%. We will bill either your account or credit card only for the actual quantity shipped.
PMS Color Matching: Exact PMS color matches are not available. We try to match your color selections as closely as possible using PMS numbers as a reference only, an exact match cannot be guaranteed. For multi-color imprints produced with our CMYK 4 color decal process, a PMS match cannot be guaranteed as we do not use the Pantone process colors. We will do our best to approximate the PMS color requested but will not be responsible for variations in the PMS color matches for decal printing. Please also note that the imprint color may change due to the product color.
Warranty Disclaimer: The information, products and services provided by Nexus Identity are provided on an "as is" and "as available" basis without warranty of any kind, implied, express or statutory, including, but not limited to, warranties of title or non-infringement, implied warranties of merchantability or fitness for a particular purpose, and freedom from computer virus, other than those warranties that are implied by, and incapable of exclusion, restriction or modification under the laws applicable to this agreement. All use of the Services (including but not limited to the accessing and use of content, information and services, the purchase of products and services, the transmission of information and other communications by and to you, and the downloading of computer files) is at your sole risk. Nexus Identity does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials.
Limitation on Liability: Under no circumstances, Nexus Identity and its directors, officers, employees, agents, sponsors, consultants or other representatives ("service providers") shall not be responsible or liable for any direct, indirect, incidental, consequential (including lost profits or opportunities), special, exemplary, punitive damages or other damages (including, without limitation, loss or corruption of data, loss of goodwill, loss of business, attorney’s fees, work stoppage, computer failure or malfunction, or interruption of business, and any other business or financial loss of damage) under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site, site-related services, or any products or services offered, sold or displayed on Nexusidentity.com web site. If the foregoing limitation is held to be unenforceable, the maximum liability of Nexus Identity and its service providers shall not exceed the amount of fees paid by you for the products or services that you have ordered. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction's law is applicable to this agreement.
Disputes: Any claims against Nexus Identity relating in any way to your purchases from Nexus Identity shall be submitted to confidential arbitration in Los Angeles, California. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses and attorney’s fees. [This clause can be made more specific concerning the method and manner of dispute resolution.] In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and Nexus Identity shall be brought in the state or federal courts located in Los Angeles County, California, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.
Governing Law: Transactions between you and Nexus Identity, and any disputes arising between you and Nexus Identity related to any interaction between you and Nexus Identity, including but not limited to claims relating to the content of its catalogs and web site, shall be governed by and construed in accordance with the laws of the State of California, without regard to the laws regarding conflicts of law. Any litigation regarding this agreement or any transaction between customer and Nexus Identity shall be brought in the state or federal courts located in Los Angeles County, California and the customer hereby agrees and submits to such jurisdiction and venue as proper.
Severability: If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between the parties relating to the subject matter herein and cannot be modified except in a written agreement signed by both parties. Any heading, caption, or paragraph title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
Indemnification: You shall defend, indemnify and hold Nexus Identity harmless from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to your use of NexusIdentity.com.
Risk of Loss: Title to items being purchased passes from Nexus Identity to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. Nexus Identity will not incur any forwarding costs on shipments. Nexus Identity shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo, issues resulting from customs (including delays, examinations, seizures, confiscations, etc.), or other acts or events outside of the reasonable control of Nexus Identity.
Force Majeure: Force majeure means unusual, unpredictable and unavoidable events that are outside of the organizers control, and that prevents the contract to be fulfilled. Circumstances that the organizer could not, within reasonable means, have foreseen and therefore could not have avoided or overcome. Including, but not restricted to, war, threat of war, riot, civilian insubordination or strike, authority measure, act of terrorism, nature- or industrial catastrophe, fire, severe weather conditions, flood, closed air ports, technical issues, maintenance issues or unforeseen changes made by airlines, such as time table changes, interruption in IT-infrastructure (including but not restricted to our web site). During these conditions the organizer is free from liability or other consequences.
Waiver: No waiver of any default or breach of this agreement by Nexus Identity shall be deemed a continuing waiver or a waiver of any other breach or default, no matter how similar. Nexus Identity's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this agreement.
Term and Termination: These terms and conditions, or any part of them, may be terminated by Nexus Identity without notice at any time, for any reason.