Terms Of Use

Last updated January 16, 2017

IMPORTANT: ALL USERS MUST READ THESE TERMS

Acceptance of Terms and Conditions.  Please carefully read nerdwithus’s Terms of Use and Privacy Policy (collectively, the “Terms of Use”) before accessing, purchasing from, or using the sites listed at http://nerdwith.us.  By accessing or using a 24Product website (collectively, the “Sites” and individually a “Site”), you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on a Site; (2) by actually using a Site; and/or, (3) by making purchases from a Site.  

BY USING THE WEBSITE, YOU AGREE TO THIS AGREEMENT IN FULL.  IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL, DO NOT USE THE WEBSITE.  EXCEPT AS OTHERWISE PROVIDED, THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE WEBSITE AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGES.  IF YOU DO NOT AGREE TO THE TERMS OF USE AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ORDER ANY ITEMS THROUGH THIS WEBSITE.

GENERAL

Sites.  nerdwithus allows you to purchase items from a Site.  These Terms of Use govern the use of this Site by you.  By using a Site (other than to read these Terms of Use for the first time) or by creating an account, you agree to comply with these Terms of Use.  The right to use this Site is personal to you and is not transferable to any other person or entity.  You agree that you are responsible for protecting the confidentiality of your password if you create an account.  You may use a Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.  

Use and Restrictions.  A Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using a Site under applicable laws.  You acknowledge and agree that nerdwithus, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of a Site.

Your Account.  In order to purchase items through this Site, you may establish an account with nerdwithus.  You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current.  You are solely responsible and liable for all activities, including, without limitation, all purchases of items through the use of a Site that occur under your account or your account password.  You acknowledge and agree that nerdwithus may access, preserve, and disclose your account information, all User Communications (as defined below), all communications to and from you, all information relating to your use of a Site, and all information relating to the use of a Site under your account or account password if nerdwithus is required to do so by law or legal process or if nerdwithus determines, in its sole discretion, that such action is necessary to protect the rights of nerdwithus, third parties, and other users of a Site or for purposes of responding to your request for customer service. nerdwithus’s right to disclose any such information shall govern over any terms of our Privacy Policy. If you choose not to establish an account, you agree and acknowledge that your rights to return items, look up previous orders, and other features of a Site may be limited.

Changes to the Terms of Use.  nerdwithus reserves the right to make any modification to these Terms of Use as nerdwithus deems necessary or desirable without prior notification to you.  nerdwithus suggests, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes.  If nerdwithus makes changes to our Terms of Use and you continue to use a Site, including, but not limited to, logging into your account or purchasing items from nerdwithus, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications.  Please note any deletions or modifications to these Terms of Use shall be effective immediately upon nerdwithus’s posting thereof.

Privacy Policy.  nerdwithus cares about your privacy.  nerdwithus’s Privacy Policy applies to the use of a Sites, and its terms are made a part of these Terms of Use by this reference.  To view our Privacy Policy, click here.  Additionally, by using a Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of nerdwithus and that communications with nerdwithus can never be guaranteed to be secure.  You understand that any message or information you send to a Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.  Nonetheless, nerdwithus employs reasonable measures to protection your information from unauthorized use or disclosure.  While nerdwithus makes these reasonable precautions against loss or theft of data, neither nerdwithus nor its associates shall be responsible for any data lost or stolen while transmitting information on the Internet.  While it is nerdwithus’s objective to make a Sites accessible 24 hours per day, 7 days per week, any Site may be unavailable at any time for any reason including, without limitation, routine maintenance.  

PURCHASES

Products Descriptions.  In describing and portraying our products on a Site, nerdwithus attempts to be as accurate as possible.  However, nerdwithus does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free.  nerdwithus reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice.  In addition, you acknowledge that there may be variations in color and/or size due to the difference in what you see on a computer screen verses in real life.

No Returns. All products sales are final. nerdwithus does not accept any returns except for defective items.

Defective Items. If you believe you have received a defective item or incorrect order (size, color, style), you must contact nerdwithus within 24 hours of receipt along with a photo of the defect.

Shipping.  When you place an order on nerdwithus, your order will be shipped to the address designated by you as long as that shipping address can accept packages.  nerdwithus may require verification of information prior to the acceptance and/or shipment of any order.  nerdwithus reserve the right, without prior notice, to limit the order quantity on any product or service, and/or to refuse service to any customer.  Shipping costs can be found in our FAQ on nerdwithus. Costs for shipping are calculated at checkout and are paid by you.

Non-Continental US/International Shipping. At this time nerdwithus only ships to locations in the lower 48 United States.  If you are outside of this area, please contact nerdwithus for shipping availability.

Taxes.  At this time, nerdwithus only collects taxes from buyers with shipping and/or payment addresses in Colorado.  If you are outside Colorado, you will be responsible for all taxes.

Payment.  Payment for all products is processed through shopify.com.  Please refer to shopify.com for information regarding the use of any personal information you submit.

Intellectual Property

Change in a Site, its Contents, and its Features.  nerdwithus reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue any Site or any service, content, feature, or items offered through a Site, with or without notice; change the equipment and/or programs necessary to access a Site, charge fees in connection with the use of a Site; modify and/or waive any fees charged in connection with a Site; and/or offer opportunities to some or all users of a Site.  nerdwithus may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.  You agree that nerdwithus shall not be liable to you or to any third party should any of the foregoing occur with respect to a Site.  Further, nerdwithus may request additional information at any time by you to update or enhance benefits and/or use of a Site.

Communications.  The Sites and all content contained within are private property.  All interactions on this Site must comply with these Terms of Use.  By submitting material to a Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, whether such submission is by a public feature of a Site (i.e. posting area) or by private transmission (i.e. email and/or letter to nerdwithus), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity.  Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted nerdwithus a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material.  You agree that nerdwithus may use any User Communication for any purpose in nerdwithus’s sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.  You agree that nerdwithus shall be under no obligation to maintain any User Communication in confidence; to pay compensation for any User Communication; and/or to monitor, use, return, review or respond to any User Communication.

Your Responsibility.  If you post information on a Site, you are solely responsible for each User Communication that you post on a Site and agree that you will not hold nerdwithus responsible or liable for any User Communication from another user that you access on a Site.  Moreover, nerdwithus reserves the right to delete any User Communication from our Site, including, but not limited to, negative feedback if nerdwithus finds that such feedback is untrue or abusive.  You understand that when using a Site, you will be exposed to User Communications from a variety of sources and that nerdwithus is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.

Copyright and Trademarks.  A Site is owned and controlled by nerdwithus and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by nerdwithus.  ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF nerdwithus IS STRICTLY PROHIBITED.  A Site and Content are intended solely for your personal, non-commercial use.  You may not download or copy any of the Content without permission from nerdwithus unless such permission is explicitly granted on a Site.  Any permitted downloads or permitted copies of the Content are for your personal use only.  No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above or on a Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or a Site for any public or commercial purpose.  nerdwithus also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it.  You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.  You may not upload or republish Site Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation.  nerdwithus does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods.  Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of nerdwithus and its affiliates.  Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties.  Nothing contained on a Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site.  Trademarks that are located within or on a Site shall not be deemed to be in the public domain but rather the exclusive property of nerdwithus, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of nerdwithus, unless otherwise stated.

Copyright and Trademark Complaints.  nerdwithus respects the intellectual property rights of others.  nerdwithus is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and nerdwithus requires all users of a Site to comply with these laws.  Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on a Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law.  You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.  When nerdwithus receives proper Notification of Alleged Copyright Infringement, nerdwithus promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.  If you believe that any material on a Site infringes upon any copyright that you own or control, please contact hello@nerdwith.us  to report infringement of your copyright.  nerdwithus may, at its sole discretion, terminate users who are deemed by nerdwithus to be have committed copyright infringement, whether or not there is any repeat infringement.

Links to a Site; Third Party Links on a Site; Third Party Content on a Site.  Running or displaying a Site or any information or material displayed on a Site in frames or through similar means on another website without our prior written permission is prohibited.  Any permitted links to a Site must comply will all applicable federal and state laws, statutes, rules, and regulations.  A Site may contain links to other websites that are not owned, operated, or controlled by nerdwithus (“Third Party Sites”) as well as articles, menus, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”).  All such links are provided solely as a convenience to you.  If you use these links, you will leave a Site and nerdwithus cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by nerdwithus.  Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by nerdwithus.  nerdwithus is not responsible for any Third Party Sites accessed through a Site or any content posted by any users on this Site or any Third Party Sites regarding nerdwithus.  If you decide to leave a Site and access the Third Party Sites, you do so at your own risk and you should be aware that nerdwithus’ terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any Site to which you navigate from this Site unless it is also a nerdwithus’ Site.  

Warranties/Disclaimers

Disclaimer of Warranty; Limitation of Liability.  YOU EXPRESSLY AGREE THAT USE OF A SITE IS AT YOUR SOLE RISK.  NEITHER nerdwithus, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF A SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS PURCHASED THROUGH THIS SITE.  THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.  THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.  YOU SPECIFICALLY ACKNOWLEDGE THAT nerdwithus IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  IN NO EVENT SHALL nerdwithus, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE.  YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.  IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER nerdwithus, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.  NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.  nerdwithus IS NOT RESPONSIBLE FOR ANY CONTENT THAT AN ENDUSER OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE.  ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY nerdwithus.  MOREOVER, nerdwithus RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT, nerdwithus, DEEMS UNSUITABLE.

Use of Items.  YOUR USE OF ANY ITEMS PURCHASED FROM A SITE IS AT YOUR OWN RISK.  IN NO EVENT WILL nerdwithus BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF ITEMS. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY ITEM YOU BUY AND AGREE TO INDEMNIFY AND HOLD HARMLESS nerdwithus FOR ANY INJURIES CAUSED BY THE USE OF SUCH ITEMS.  

Limitation on Damages.  If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if nerdwithus is otherwise found to be liable to you in any manner, then nerdwithus’s aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten United States dollars.  You agree to defend, indemnify, and hold harmless nerdwithus, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; and/or (3) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Termination

Either you or nerdwithus may terminate these Terms of Use at any time. You may terminate these by ceasing all use of a Site. nerdwithus may terminate these by ceasing to offer a Site to you and/or the general public or by sending notification that you can’t use a Site. If you have purchased any items from nerdwithus prior to termination and such items have been shipped to you, you will still be required to remit payment for such items.  If you have purchased any items from nerdwithus prior to termination and such items have not been shipped to you, nerdwithus will not be required to send such items to you nor shall you be required to pay for them.

Miscellaneous

Severability.  If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.

Governing Law; Venue and Jurisdiction.  By using a Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and nerdwithus.  You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

Indemnity.  You agree to indemnify and hold nerdwithus, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of a Site, your conduct in connection with a Site, or with other users of a Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Electronic Communications.  You consent to receive electronic communications from nerdwithus either in the form of email sent to you at the email address listed on your account or by communications posted on a Site.  You acknowledge and agree that any electronic communication in the form of such email or posting on a Site shall satisfy any legal requirement that such communication be in writing.