NEXIS EMERGENCY SOLUTIONS, INC. (“Nexis”) TERMS & CONDITIONS
By clicking on the “I AGREE” button when purchasing and/or using this website or any website that Nexis operates (collectively the “Nexis Websites”), you (the “customer”) acknowledge that you have read and agree to be bound by all the below terms and conditions and to comply with all applicable store policies, including terms of service, shipping conditions and customer payment agreement. If you do not agree to these terms, do not click on the “I AGREE” button and cease using this site immediately.
RETURNS OF DEFECTIVE/DAMAGED MERCHANDISE
In cases where the customer was shipped incorrect merchandise, defective merchandise or damage due to shipping, Nexis may require the items to be shipped back. In these cases, Nexis will arrange a shipper call tag. The shipper will make 3 attempts to pick up the merchandise. The customer is responsible to be available for the delivery driver to pick up the packages. If the shipper fails to pick up the call tag package(s), the responsibility will fall on the customer to ship back the incorrect, defective or damaged product to Nexis. The shipper call tag will be issued for the address that the product was originally shipped to. If the correct pickup address differs from the original shipping address, the customer must give the new address at the time that they email Nexis about the incorrect, defective or damaged product. Once the call tag has been issued, if any changes need to be made to the pickup information, the customer will be responsible for any additional shipper fees. Nexis will only issue one set of 3 call tag pickup attempts.
In some cases where incorrect merchandise, defective merchandise or damaged due to shipping; Nexis may require an image of the product issue or error. In most cases, this is how a claim will happen. If Nexis requests an image of the product issue or error, it responsibility falls on the customer to provide one. If the customer cannot provide one, a replacement item or refund may not be able to be processed.
Returns MUST be issued an RMA (Return Merchandise Authorization) to be considered a legitimate return. All requests for RMA’s must be submitted via email to email@example.com. The customer must reference their order number in the email. We will reply to RMA request within 72 business hours.
The customer is responsible for all shipping charges for returning the items. All items returned must be unused and in 100% re-sellable condition. Once the items are returned and verified to be in good condition, we will refund the cost of the product to the customer’s credit card that was used to place the order. The customer will only be refunded for the price of the products returned unopened and in 100% re-sellable condition. Nexis policy is to not refund the cost of shipping to the customer.
All returns need to the shipped back to the following address:
Nexis Returns - c/o Hillingsworth LLC
11900 Harlan Road
Lathrop, CA 95330
All returns MUST have the issued RMA number written clearly on the outside of every package.
Nexis will not accept returns on any special ordered products or custom built emergency kits.
Any returns that do not follow Nexis' terms for returns are considered an unauthorized return. The customer understands that it is Nexis' decision to process the return and customer refund. There is no guarantee that we will process the return if the correct procedures were not followed. The customer will be responsible for any additional shipping fees if Nexis has to reship the customer’s package(s).
Refunds are issued once the damaged or defective merchandise has been returned and inspected. It is not Nexis' policy to refund orders until they have been received back at our Lathrop, CA facility. For the customer to be issued a refund, they must follow all the rules listed under “Returns”. Some banks take 5-10 business days to post credits to accounts. Please allow this amount of time before calling Nexis and inquiring about the status of your refund. Nexis will email you a receipt for the refund within 72 business hours of receipt of the returned merchandise.
Nexis will only accept an order cancellation within 24 hours of placing the order. All order cancellation requests must be made via email to firstname.lastname@example.org. The customer must reference their order number in the email. We will respond to your request within 24 business hours. All order cancellations are subject to a 15% cancellation fee. Orders cannot be canceled after being processed, shipped and have left our facility. After 24 hours all orders are final.
Damaged or defective merchandise will be replaced with a product of equal or greater value. For items with manufacturers warranties (i.e., generators), the customer is responsible for registering their product with the manufacturer and contacting the manufacturer if warranty work is needed. Nexis does not handle any manufacturer warranty information. Please refer to your owner’s manual or packaging for warranty information.
The customer will be responsible for any shipping fees assessed by the carrier after the product has shipped. UPS charges a $15.50 fee per box shipped for any address changes after the product has shipped. All shipping address changes must be made via email to email@example.com. Address changes are not guaranteed. A sales representative will contact you about making arrangements to pay the UPS fee. If your order was placed online, the card used to place the order will be charged the additional shipping charges.
It is the customer’s responsibility to be available for receipt of shipments. Generally, shippers will make three attempts to deliver a package before holding it at the local terminal for pickup. In most instances, they will hold the package for five days before sending it back to Nexis as undeliverable. All undeliverable shipments are subject to a 25% restocking fee. The customer will be responsible for any additional shipping charges to reship the product out that was returned as undeliverable.
All refused shipments are subject to a 25% restocking fee and the customer is responsible for all shipping fees.
When your order ships, a tracking information email will be sent to the email on file. Shipment tracking information can be made by request via firstname.lastname@example.org. Shipping tracking information is not guaranteed to be correct.
The customer understands that they will be responsible for any shipping charges due to shipping damage if they do not report the damage to Nexis within 72 business hours. The customer must email email@example.com and list in detail the order number, and type(s) of damage.
Nexis is not responsible for any delays in shipments and increased transit times. Transit dates and times are provided by the shipper and are not guaranteed by Nexis. Delivery dates and times may be increased during seasonal peak times, weather conditions, natural or man-made disasters and acts of God. Under no circumstance are these delays grounds for an order being canceled with Nexis.
FREIGHT SHIPMENT CONDITIONS
Freight shipments are subject to all the above conditions under “Shipping Conditions”. All freight shipments are shipped via a common freight carrier. All shipments are shipped dock-to-dock unless otherwise requested. If any special services are required, the customer must inform Nexis at the time of placing the order or be subject to additional freight fees. Special services such as lift gate service, inside delivery, residential freight shipments or appointments necessary may be an additional cost to the customer after checkout. The customer understands that any additional services that are required after the product has shipped are completely the responsibility of the customer to pay.
The customer understands that they must also be able to receive the shipment when it’s delivered. Freight companies charge a minimum of $125.00 fee if they are required to attempt a re-delivery if the shipment was unable to be received and no one was there the receive the order. If the customer cannot receive the shipment for over 1 day, freight companies charge $50.00 per day to store each pallet that was unable to be delivered. The customer understands that they are responsible to pay any of these additional fees if they do not abide by the rules listed herein.
SHIPPING OVERSEAS (shipping outside of the United States)
All orders that have a shipping address outside the United States of America must be paid in advance to shipping. Once the payment has been received and verified, Nexis will release the goods for shipping.
The customer understands that they are responsible for any taxes, licenses, duties, tariffs, permits or similar governmental authorizations necessary for the exportation and importation of the product. Nexis is not responsible for any charges that might incur after the goods have left our possession. Any additional shipping fees are directly between the shipping company and the customer.
The customer understands the need to inform Nexis of any certificates of origin or other special documentation, export packaging or product marking prior to the order shipping. The customer acknowledges that they are not a representative of Nexis, Inc. and agrees to comply with all the conditions of the Foreign Corrupt Practices Act.
Nexis will not refund any shipping charges if the goods are returned or refused by the shipping destination country. In addition, any returned good or goods are subject to a 25% restocking fee.
Nexis does not accept orders where the billing address is outside the United States of America. The customer must have an address inside the United States of America for the bill to be received and paid for in US currency.
Nexis does not accept foreign banks checks as an acceptable form of payment. All payments must be made by either an acceptable credit card or a bank check issued by a bank located within the United States.
SHIPPING TO A DISASTER ZONE
The customer understands that Nexis will not be held responsible for any shipping delays when shipping into a known disaster zone. By placing an order, the customer agrees that they have contacted the shipper and are aware of any delays that might incur to events in the destination region.
COLLECT FREIGHT SHIPMENTS
Nexis does offer freight collect shipping on the customers' UPS or FedEx accounts. The order must qualify for this condition and it is up to the discretion of Nexis to allow the order to be shipped collect. A Freight Collect Authorization Form must be filled out and on file with Nexis for any freight collect shipments. Any requests must be made via email to firstname.lastname@example.org.
Nexis will call and verify that the customer's UPS or FedEx account number is active and current. If the account fails to show active or current, or if there have been fraudulent transactions on the account, Nexis will not ship collect on the account.
All collect freight shipments are subject to a $5.50 handling fee per box shipped and a $40.00 handling fee per pallet if the shipment was sent via common freight carrier. The customer understands that they will be financially responsible for any freight carrier chargebacks due to the customer failing to authorize the shipment or failing to pay the freight carrier. The customer must fill out and return the collect freight authorization form prior to the shipment leaving our location. You may request a form by emailing email@example.com.
All freight collect shipments are subject to out handling charges below. Handling charges will be charged to the same credit card used in placing your order or for purchase order shipments, the customer will be billed for any associated handling charges. The customer understands they are responsible to pay all associated handling charges.
Product descriptions, pictures and specifications are approximate and are for general guidance only. Manufacturers are constantly updating and changing their products. Nexis does its best to keep up with all the changes to descriptions and product colors. Pictures are a general display for the listed product and Nexis does not guarantee that you will receive the exact product that is pictured. Nexis is not responsible for any color changes to products or minor text discrepancies that do not lower the value of the product.
Many of the emergency kits have proxy images that cover the line of kits. They are not a true representation of the contents of the kits. These products will be marked with a disclaimer in the description. The correct contents of the kit will be listed in the kit description area.
All normal stock kit orders usually ship within 72 business hours from receipt of the order. Ala carte orders usually ship within 48 business hours from receipt of order.
At times, our lead times may slow due to the high volume of orders received. All orders will be filled in the order received. Nexis does not guarantee any lead time on fulfillment and the above listed times are an approximate estimate.
On larger orders, the lead times may increase. The customer may request a specific lead time via firstname.lastname@example.org or by contacting their account representative. Nexis does not guarantee any lead time on fulfillment and all lead times are an approximate estimate.
If your order contains an item that is on back order, you will be shipped all the products that Nexis currently has in stock. Once all the back ordered items have come in, the customer will then receive a second shipment with the full remainder of products that were on backorder.
Requests for lead times on back orders may be made by email to email@example.com. Dates are an estimate and Nexis is not responsible for any lead times that are extended beyond the estimated dates provided.
In the event where a customer orders a higher quantity of an item that we have in stock, and we cannot fulfill the remainder of the order due to the item being discontinued by the manufacturer, Nexis will refund the amount for the number of items it was unable to fulfill. Nexis will also refund the percentage of tax and shipping based on the number of items that we were unable to fulfill.
CUSTOMER PRODUCT RESPONSIBILITY
By placing an order with Nexis, the customer assumes the responsibility to have or to gain the knowledge of how to use the product. It is the customer’s responsibility to follow any instructions, manuals or procedures for said product. Nexis is not responsible for any product malfunctions, damage to self or property made by any product ordered from this store.
CUSTOMER PAYMENT AGREEMENT
It is the customer’s responsibility to make sure they have sufficient funds on the credit card used for purchase prior to the placement of the order. The customer is responsible the keep track of their purchase and check their bank statement for correct charges. Nexis will make attempts to rerun any declined credit cards for 30 days after the date of purchase. The customer may be responsible for any processing fees associated with the attempts to gain funds for goods purchased on a declined credit card. Reprocessing fees run $25.00 for every attempt to charge a declined credit card.
In the event that the customer initiates a credit transaction chargeback that results in a debit to our account, the customer understands that Nexis will attempt to recollect funds from the original form of payment plus a $35.00 chargeback processing fee. In the event that funds are unable to be retrieved, the customer understands that all documentation and charges will be issued to a debt collection agency. In addition, any uncollected transactions will be reported to Experian, Trans-Union and Equifax credit agencies.
It is the customer’s responsibility to make sure they have sufficient funds within their bank account to cover any checks written to Nexis. The customer understands that they will be responsible to pay any funds owed on returned checks marked as NSF (Non-Sufficient Funds) from the bank plus a $50.00 returned check fee. In the event that the customer refuses to make restorations of payment or is unreachable, the customer understands that all documentation and charges will be issued to a debt collection agency. In addition, any uncollected transactions will be reported to Experian, Trans-Union and Equifax credit agencies.
Nexis sells a number of perishable items that have expiration dates. Nexis strives to keep the freshest stock on hand at all time; however, we are subject to the distribution from our suppliers and having to warehouse these items for short periods of time. Nexis does not guarantee that you will receive the product with the complete term of advertised shelf life. In the event that you receive a product that has less than 80% of the advertised shelf life, Nexis will refund a prorated rate based on the amount of shelf life that had expired past 80% of the original shelf life. Nexis will not issue refunds for perishables that have lost less than 80% of their advertised shelf life at the point it shipped. The customer also understands that receiving a product that has less than 80% of the original advertised shelf life is not grounds for order cancellation or a return being issued.
Many of the items that Nexis sells are considered either oversized or overweight by UPS’s shipping standards. Any single item that is over 74lbs. or combined length and girth exceeds 84 inches is considered an oversized /overweight item by UPS. Nexis is set up to charge extra costs to cover the associated costs of shipping these items. This may result in more than one shipping charge at checkout. This is not an error, but how the system calculates the correct costs of shipping.
The customer understands that they are responsible for the entire amount of shipping. The customer will only be charged for the actual shipping costs that Nexis is charged by the carrier. The customer’s form of payment that was used to place the order will be charged the amount of the difference. If the form of payment is declined or unusable, a representative from Nexis will contact the customer to make other arrangements for payment. The customer’s order will be held until arrangements for payment have been made.
Nexis prides itself on packaging our items for shipping. All shipments with items that can be damaged are packaged in boxes with at least 1.5”-2” of packing material on each side. We want your shipment to get to you without any issues and damage. Because we take the extra step in packing your order, there are handling charges that are associated with your shipment. All handling charges are factored into the cost of shipping your items. Handling charges can range from $2.50 per order to $25.00 per pallet. Handling charges vary based on what the customer is ordering.
For a quote on handling charges or any shipping charges, submit via firstname.lastname@example.org.
CUSTOM KITS AND ORDERS
Nexis specializes in “custom kitting & assembly”. We can custom build, design and assemble any kind of kit for our customers.
All custom kit orders require a deposit at the time of order. In most cases, the deposit required will be 50% down but the amount is subject to Nexis' decision. All deposits are NON-REFUNDABLE.
Nexis will not accept returns on custom kit designs and orders. The customer understands that once they have placed the order, they cannot cancel the order.
The customer may ask for a sample of the kit or design before it is approved for production. Once the custom kit or design has been approved, the customer cannot make changes if the kit or design has gone into production. If the customer does not ask for a sample, they understand that they cannot try to return the order once they have received it.
Because of the nature of custom orders, they do not fall under the normal lead times listed under “Order Fulfillment”. General lead times on custom kits run between 3-5 weeks but depend completely on the quantities ordered. On larger orders that require items to be manufactured and shipped from China or other overseas factories, the normal lead time run between 60 and 120 days from receipt of the order.
REQUESTS FOR QUOTES
Nexis can provide you with a quote for volume pricing. You can either contact us directly at email@example.com or click on the Bulk Purchasing Button on the website and enter all your important information. All quotes expire 30 days from the date it was issued. Prices and specifications are subject to change without notice.
All requests should contain the following information:
1. Customer Information
2. Complete Shipping Address
3. Item Numbers and Descriptions
4. Desired Quantities
5. Requested Shipping Method
6. Preferred Form of Response
Nexis does accept purchase orders as a form of placing an order. It is the customer’s responsibility to make sure that all information, product names, prices and product codes are correct prior to placing the purchase order. All purchase orders that are accepted to receive payment terms must abide by the rules listed under “Payment Terms”.
Not all purchase orders will be automatically accepted for payment terms. In such cases where a purchase order is not accepted, a representative from Nexis will contact the purchasing department listed on the purchase order to make other arrangements for payment.
Purchase Orders cannot be canceled without the approval of Nexis management. The customer understands that by placing a purchase order with Nexis, you are guaranteeing the purchase and payment of said listed goods. The customer also understands that you are responsible to make all payments in a timely fashion.
Nexis does offer net payment terms on purchase orders. It is the discretion of Nexis on what customers qualify for net payment terms. The customer may be required to fill out a credit application and list of references before being approved for credit terms. Some banks require a fee for releasing companies’ credit information. It is Nexis' policy to not pay for credit application bank processing fees.
Payment not received by the due date listed on the invoice will result in an additional charge of 1.5% per month. In addition, the customer is responsible for any costs of collection including reasonable attorney’s fees incurred in the collection process.
The customer will be notified when the items ordered are ready to be shipped. Once notified, the invoice will be due and payable within the payment terms indicated. If the customer causes the delay in shipping after notification, the invoice will remain due and payable in full within the payment terms indicated on the invoice.
Once the customer is notified that goods are ready to be shipped, the customer must make provisions for the receipt of goods within 10 days of notification. If delivery is delayed by customer beyond 10 days from notification, the customer will be charged storage fees in the amount of 1.5% per month of the invoice amount of any undelivered goods.
All deposits are NON-REFUNDABLE.
Custom kit orders and special ordered items require a deposit upon placing the order. The customer understands that by either sending a purchase order or signing a quote, they are committing to placing the order for the goods listed and understand that once they have placed the order, it cannot be canceled.
A deposit will only be returned if Nexis is unable to fulfill the order due to discontinued items. The customer understands that deposits will not be returned if the approximate delivery lead times are extended or delayed due to reasons out of Nexis' control.
All orders will be charged sales tax.
Nexis offers promotions from time to time that include but are not limited to, discount codes. It is the customer’s responsibility to make sure they have entered the discount code correctly upon checkout. If the code was entered incorrectly, it is the customers’ responsibility to fix it before final checkout.
It is up to the discretion of Nexis to adjust your order after check-out due to customer error when either forgetting to enter a discount code or incorrectly entering it upon checkout. There is no guarantee that Nexis will adjust the total of a transaction after the card has been charged if customer error was involved.
We may also disclose your customer information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues. We may also disclose non-customer information to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.
We do NOT sell, rent, share or trade your customer information to third parties for their own marketing purposes unless you have granted us permission to do so. We may, however, allow advertisers to request that their advertisements are directed at certain users (e.g., users in a certain geographic location.)
CALIFORNIA PRIVACY RIGHTS
INTELLECTUAL PROPERTY (Trademarks & Copyrights)
“Nexis Preparedness Systems™”, “Nexis Emergency Solutions”, "Nexis Response" and “Your Safety Place” are the intellectual property of Nexis. Use of Nexis trademarks as displayed on this site or on any company material without prior written authorization from Nexis is a violation of Nexis’ trademark protection. Nexis will pursue any persons which have used this intellectual property without written permission and will prosecute to the fullest extent of the law.
Unless otherwise specified, all materials appearing on this site, including the text, page design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement are the property of Nexis. The use of any of trademarks without written consent is strictly prohibited. All other trademarks or service marks are the property of their respective owners.
Nexis reserves the right to change our Terms and Conditions at any time by posting the changes on the Nexis Websites. Any changes made are effective immediately upon posting to any of the Nexis Websites and apply to that website and all documents or websites referencing that website. Any future use of the Nexis Websites constitutes the customer’s agreement to all updated terms and conditions. All orders placed on any Nexis Websites, are with Nexis and are subject to all terms and conditions listed on the website where the order was made.
The customer agrees to pay the total purchase price as advertised and/or specified on the Nexis Websites through which the order was started, as well as on all our invoices or in our showroom retail store if applicable. In the event of a discrepancy, the customer will be responsible to pay the amount of the first price specified to the customer, unless modified by mutual written agreement by all parties involved. All invoices are due and payable as clearly stated on the invoice payment terms section. The customer understands that you are liable for any fines, interest, penalties, reasonable attorney fees, collection fees, taxes or other expenses incurred by Nexis as a result or failure to pay agreed upon terms, declined credit cards, credit card chargebacks, NSF (Not Sufficient Funds) bank checks and any other forms of payment that are declined or refused in any way. The customer agrees to pay interest on your outstanding balance due at a rate of 1.5% interest per month (18% annually) for every day where payment is past due. The purchaser further agrees to pay a $50.00 processing fee for any returned NSF bank check or canceled bank check.
All parties using the Nexis Websites for informational purposes, or that place an order through any of the Nexis Websites, or by direct Quote or Purchase Order, agree to be legally bound by all our stated policies, procedures, terms, and conditions in its entirety. Nexis reserves the right to cancel any order at its discretion. Nexis reserves the right to restrict any parties from ordering from Nexis if we have reason to believe you have not complied with any of the terms and conditions herein listed. Nexis reserves the right to refuse to accept any order due to suspicion of fraud or illegal activity. In addition, we reserve the right to cancel any order or part of an order or to refuse service to anyone for any reason.
DISCLAIMER AND LIMITATION OF LIABILITY
Please read this section carefully since it limits Nexis’ liability and the liability of its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Nexis Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A) Products Provided “AS-IS”
YOUR ACCESS TO AND USE OF THE PRODUCTS ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE NEXIS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Nexis Websites may contain links to third-party websites or resources. You acknowledge and agree that the Nexis Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Nexis Entities of such websites or resources or the content, products, or Products available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NEXIS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PRODUCTS; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
NEITHER NEXIS NOR ANY NEXIS ENTITIES NOR THEIR THIRD PARTY SUPPLIERS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, INCLUDING PERSONAL INJURY OR DEATH, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF OUR PRODUCTS OR SERVICES, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NEXIS ENTITIES EXCEED ONE THOUSAND U.S. DOLLARS (U.S. $1,000.00).
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE NEXIS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If you have any questions about any of our Terms and Conditions, please contact us at:
Nexis Emergency Solutions, Inc.
7567 Amador Valley Blvd. Ste 200
Dublin, CA 94568
Phone: (925) 829-0350
Fax: (925) 829-0370
Gift Certificate Terms & Conditions
Your use or purchase of a Nexis Response Gift Certificate at www.nexisprep.com indicates your acceptance of these Terms and Conditions. Except as otherwise provided by law, these Terms and Conditions apply to all Gift Certificates, whether purchased online or purchased from associated affiliates.
1. Gift Certificates; Nexis Response Balance; Redemption.
Nexis Response Gift Certificates are issued by Nexis Emergency Solutions, Inc., a Washington limited liability company. Your Nexis Response gift certificate balance displays the total remaining balance of all Gift Certificates that have purchased but have not yet been redeemed. To get your Nexis Response gift certificate balance, email firstname.lastname@example.org to request your balance and it will be emailed to you. Purchases are deducted from your Nexis Response Gift Certificate balance. Any unused Nexis Response balance will remain associated with your Nexis Response gift certificate number. If a purchase exceeds your Nexis Response balance, the remaining amount must be paid with another payment method. Gift Certificates may only be redeemed toward the purchase of eligible goods and services provided by Nexis Response at www.nexisprep.com. Gift Certificates will not be redeemed if the Certificate number is invalid or cannot be identified within Nexis Response systems. We reserve the right to restrict the redemption of more than $1,000 in Gift Certificate balances by one person in any 30-day period.
In the event that the Gift Certificate system may become temporarily inoperative, you may be unable to obtain information about the balance on your Gift Certificate and Gift Certificate transactions, or use your Gift Certificate to pay for purchases. Please notify us if you have any problems using your Gift Certificate. You agree that none of Nexis Response, Nexis Emergency Solutions, Inc., The Mead GroupInc. and any of their affiliates is responsible for any interruption of service or the quality, safety, legality, or any other aspect of any goods or services purchased by you with your Gift Certificate.
Your Nexis Response balance cannot be used to purchase other Gift Certificates. Gift Certificates cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your Nexis Response Balance may be transferred to another Nexis Response account.
3. Risk of Loss.
The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission of the Gift Certificates to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Certificates that are lost or stolen or used without your permission will ONLY be replaced, up to the value remaining, with satisfactory proof of purchase AND the Gift Certificate number.
4. Use of Nexis Response Balance or any Gift Certificates in Violation of these Terms and Conditions.
We reserve the right to void Gift Certificates (including as a component of your Nexis Response balance), close customer accounts, and bill alternative forms of payment if we suspect that a Gift Certificate is obtained, used, or applied to your Nexis Response balance from a purchase fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
5. Limitation of Liability.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES OR YOUR NEXIS RESPONSE BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY
WILL BE THE REPLACEMENT OF THAT GIFT CERTIFICATES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to Gift Certificates will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these terms and conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:
Nexis Emergency Solutions, Inc. 2001 6th
Floor, Seattle WA. The arbitration will be conducted by the American Arbitration Association ("AAA
") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
7. General Terms.
No fees apply to Gift Certificates. When you purchase, receive, or apply a Gift Certificate to a purchase, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Nexis Emergency Solutions, Inc. related to your use of a Gift Certificate or your Nexis Response Balance. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. Nexis Response reserves the right to hold any order for a security review. If your order is affected, you will be notified via email within three (3) business days. Nexis Response may assign this agreement at any time without notice.
8. Nexis Response Balance Expiration.
Nexis Response Gift Certificates and any associated balance does not expire, to the extent prohibited or limited by law, and may be applied to eligible purchases.
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