Last updated January 16, 2017
IMPORTANT: ALL USERS MUST READ THESE TERMS
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.
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.
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.
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 firstname.lastname@example.org 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.
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.
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.