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Terms and Conditions

This Terms of Use Agreement ("Terms of Use") applies to use of the NexusGadgets.com website located at http://www.nexusgadgets.com. 

Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use the NexusGadgets.com website. 

The Terms and Conditions of NexusGadgets.com May Change 

NexusGadgets.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions and any policy listed on our Customer Service page as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website. 

Copyright Notice 

All of the Content you see and hear on the NexusGadgets.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by NexusGadgets.com, one of its affiliates or by third parties who have licensed their materials to NexusGadgets.com. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and NexusGadgets.com owns a copyright in the selection, coordination, arrangement and enhancement of the Content. 

The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. 

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. NexusGadgets.com reserves complete title and full intellectual property rights in any Content you download from this website. 

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from NexusGadgets.com. 

Consent To Collection, Use & Disclosure of Your Personal Information 

As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use NexusGadgets.com, register, and make purchases. As a condition of registering with NexusGadgets.com or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing NexusGadgets.com, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases. 

While NexusGadgets.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL NEXUSGADGETS.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NEXUSGADGETS.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. 

Conditions of Sale and Payment Terms 

To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on NexusGadgets.com, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. You also agree to any policy listed on the website, such as the shipping policy and return policy listed on the Customer Service page. 

Return Policy

We accept returns or exchanges on our products for up to 30 days from the shipping date. Returns and exchanges will not be accepted after 30 days from the shipping date. There will be a 20% restocking fee on returned items. All returns must arrive in their original packaging and in the original condition for a refund. Items returned not in their original packaging or with missing accessories will not be accepted or may be charged an additional fee for the damaged or missing item(s). Please contact us to coordinate the return shipment of the product as an return authorization (RMA) number is required. We require shipping insurance on all non-damaged products purchased for more than $100 (not including shipping) that are being returned to us. Items damaged in shipment should be sent using the original carrier and must be sent with the original shipping box, product box, the product itself, and all accessories. Please note, except in cases where the wrong item was shipped, all shipping fees and the cost associated with return of the product to us are non-refundable. Please understand that damaged or defective items are the manufacturer's or shipping carrier's fault (we are just the reseller), and since we have to pay the shipping fee of defective items to the manufacturer, we cannot refund the cost of shipping the item back to us. Alternately, you may try returning or exchanging the item with the manufacturer directly. 

We will issue a credit to the original credit card for the cost of the item and the sales tax, if applicable. Please allow up to two billing cycles for the credit to appear on the credit card's printed statement. 

NexusGadgets.com is not responsible for: 

1. Products delivered to incorrect addresses supplied by the sender.
2. Unsuccessful deliveries arising from the recipient not being available at time of the delivery at the address supplied by the sender.
3. Problems where delivery is delayed due to sender requiring recipient’s signature upon delivery.
4. Delay in delivery due to act of God. 

Credit Card Fraud 

NexusGadgets.com does not tolerate credit card fraud. No expense will be spared and all fraud will be prosecuted to the full extent of the law. Additionally, we will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues. NexusGadgets.com also considers credit card charge backs to be fraud if you made no reasonable effort to notify us that a problem existed, or to resolve or clarify a situation or matter. A simple email or phone call normally resolves any misunderstandings. You agree that by conducting business with NexusGadgets.com that any legal action resulting from any transaction will be guided by the laws of and take place in the state of California, and you agree to reimburse us for any representative we may appoint for any legal expenses your actions may make us incur. We take fraud seriously. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. Conviction on credit card fraud carries penalties of 10 years imprisonment and/or a $10,000 fine. U.S.C. Title 18, Section 3056, Subsection (b), specifically authorizes the United States Secret Service to detect and arrest any person who violates federal criminal laws relating to credit card fraud and related activity in connection with computers and/or access devices. 

Credit Card Chargeback Policy 

A "chargeback" occurs when a customer disputes a credit card charge. A fraudulent chargeback occurs when a customer attempts to dispute a charge for merchandise or services that they have actually purchased. Attempting to dispute a valid credit card charge is fraudulent and is illegal. NexusGadgets.com does not tolerate chargeback fraud, and we follow the following procedure when it takes place:
1. If you attempt to dispute or deny a valid charge, we will first contact you directly, because most disputed charges occur as a result of the customer not recognizing our charge on their statement. You will have ten (10) calendar days to reverse your dispute upon receipt of our e-mail, letter, or phone call.
2. If you do not reverse the dispute or otherwise attempt to resolve the situation, we will file a police report with your local authorities and seek criminal charges against you.
3. Your account will be turned over to a collection agency, which will initiate collection activities as well as report your account as delinquent to all of the major credit bureaus.
4. If you still do not resolve the situation by either reversing the dispute or reimbursing us for the amount disputed plus our bank fees, we will file a civil lawsuit against you for the amount disputed, for bank fees related to the chargeback, for additional damages for the harm your chargeback causes to our merchant credit record, and for punitive damages as the courts do not take credit card fraud lightly. 

Methods of Payment, Credit Card Terms and Taxes 

All payments must be made by VISA, MasterCard, American Express, Discover, cashier's check, or money order (each of which may be removed by NexusGadgets.com in its sole discretion). Unless expressly set forth on the NexusGadgets.com site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT NEXUSGADGETS.COM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify NexusGadgets.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If NexusGadgets.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by NexusGadgets.com or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. NexusGadgets.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required. 

Submissions 

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to NexusGadgets.com shall be and remain the exclusive property of NexusGadgets.com. Your submission of any such Comments shall constitute an assignment to NexusGadgets.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. NexusGadgets.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. 

User Submitted Content (including, but not limited to, text, photos, or video submitted in connection with Gift, Reviews, Send-to-a-Friend messages or any other messaging service) 

The NexusGadgets.com message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. Examples of the kinds of conduct or content that are prohibited in user submitted content include: (i) the transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or NexusGadgets.com rule or policy, (ii) the transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, and (iii) the impersonation of any person or entity in any part of a gift message. 

You are solely responsible for the content of any messages and/or images you submit and NexusGadgets.com assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other NexusGadgets.com guests or any third party. NexusGadgets.com reserves the right to purge the content you provide after 90 days of creation. 

Any content you submit is for non-commercial use only. You must provide your actual e-mail address in order to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. 

Colors 

We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. 

Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of Loss 

The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. Please see our Pricing Information for more details. If you are not fully satisfied with your purchase you may return it with the original packing receipt within 30 days of the order date. Additional restrictions apply. Please see our Return Policy for more details. The risk of loss and title to items purchased from NexusGadgets.com pass to the purchaser upon our delivery to the carrier. 

Gift Certificates 

All gift certificates are deemed purchased in and issued from the State of California. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. 

DISCLAIMERS –– GENERAL 

THE NEXUSGADGETS.COM WEBSITE IS OPERATED BY NexusGadgets.com, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, NEXUSGADGETS.COM AND THEIR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. 

WITHOUT LIMITING THE FOREGOING, THE NEXUSGADGETS.COM BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. 

WITHOUT LIMITING THE FOREGOING, THE NEXUSGADGETS.COM BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. 

WITHOUT LIMITING THE FOREGOING, THE NEXUSGADGETS.COM BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM. 

THE NEXUSGADGETS.COM BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE. 

THE NEXUSGADGETS.COM BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. 

THE NEXUSGADGETS.COM BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE. 

LIMITATION OF LIABILITY 

UNDER NO CIRCUMSTANCES, SHALL THE NEXUSGADGETS.COM BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE. 

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY NEXUSGADGETS.COM BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE NEXUSGADGETS.COM BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). 

ENFORCEMENT OF TERMS AND CONDITIONS 

BY ACCESSING AND USING THE NEXUSGADGETS.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. 

Last updated July 2015.