Terms of Service

OVERVIEW

Welcome to Nexus Athletics! The terms “we”, “us” and “our” refer to Nexus Athletics. Nexus Athletics operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Nexus Athletics is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (available on our website). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Nexus Athletics reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Nexus Athletics confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Nexus Athletics may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by using the contact details provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store and to promptly update this information as needed.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by Nexus Athletics, its affiliates or licensors and are protected by applicable intellectual property laws.

Unauthorized use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by Nexus Athletics.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without any warranties and assume no liability for their use.

SECTION 8 - THIRD-PARTY LINKS

Nexus Athletics is not responsible for the content, accuracy, or practices of third-party websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Nexus Athletics is powered by Shopify, but all sales and purchases are made directly with Nexus Athletics. Shopify is not responsible for transactions between you and Nexus Athletics.

SECTION 10 - PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy and Shopify’s Privacy Policy where applicable.

SECTION 11 - FEEDBACK

Any feedback you submit may be used by Nexus Athletics without restriction.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct any errors or omissions at any time without notice.

SECTION 13 - PROHIBITED USES

You may use the Services for lawful purposes only and must not misuse or interfere with the Services.

SECTION 14 - TERMINATION

We may terminate your access to the Services at any time at our discretion.

SECTION 15 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY NEXUS ATHLETICS, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, NEXUS ATHLETICS AND SHOPIFY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless Nexus Athletics, Shopify, and their affiliates from claims arising from your misuse of the Services.

SECTION 18 - SEVERABILITY

If any provision is found unenforceable, the remaining provisions shall remain in effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Nexus Athletics.

SECTION 20 - ASSIGNMENT

You may not assign these Terms without our consent. We may assign them freely.

SECTION 21 - GOVERNING LAW

These Terms are governed by the laws of the jurisdiction where Nexus Athletics is headquartered.

SECTION 22 - HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We may update these Terms at any time. Continued use of the Services constitutes acceptance of the updated Terms.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent using the Contact option available on the Nexus Athletics website.