Terms of Service
OVERVIEW
Welcome to nibs.com, operated by our team at nibs.com. Throughout the site, the terms "we," "us," and "our" refer to nibs.com. By accessing or using this website, including all information, tools, and services available here, you agree to comply with all terms, conditions, policies, and notices outlined in these Terms of Service.
By visiting our site or purchasing from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"). These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to these Terms. If you do not agree to all the terms and conditions, you may not access the website or use any services. Acceptance of these Terms is expressly limited to the terms and conditions stated here.
Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website after any changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us consent to allow your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purposes. In using our Service, you must not violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms, viruses, or any code of a destructive nature.
Any breach or violation of these Terms will result in the immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information on this site is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions. You should consult primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain historical information, which is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information on our site. It is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We strive to ensure accuracy and fairness in all transactions. Therefore, we reserve the right to refuse any order placed with us. Additionally, we may, at our discretion, impose limits on the quantities purchased per person, household, or order. These limitations may extend to orders made under the same customer account, credit card, or utilizing identical billing and/or shipping addresses. Should we need to modify or cancel an order, we will make reasonable efforts to notify you by reaching out to the email address or phone number provided during the order placement.
Furthermore, we reserve the right to restrict or prohibit orders that, in our sole judgment, seem to originate from dealers, resellers, or distributors.
By using our services, you agree to provide accurate, up-to-date, and complete purchase and account information for all transactions conducted through our platform. You also agree to promptly update your account and other pertinent details, including your email address, credit card information, and expiration dates, to facilitate smooth transactions and ensure effective communication between us.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools, the monitoring and control of which are beyond our purview.
You acknowledge and agree that access to such tools is provided "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement from us. We shall bear no liability whatsoever arising from or related to your use of optional third-party tools.
Your use of the optional tools offered through the site is entirely at your own risk and discretion. It's important that you familiarize yourself with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Furthermore, we reserve the right to introduce new services and features through the website in the future, including the release of new tools and resources. Such additions shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Some content, products, and services available via our Service may include materials from third parties.
Links to third-party websites on this site may redirect you to platforms not under our control or affiliation. We do not assume responsibility for examining or assessing the content or accuracy of such sites. Consequently, we do not warrant or accept liability for any third-party materials or websites, nor for any other materials, products, or services offered by third parties.
We shall not be held liable for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It's essential that you carefully review the policies and practices of any third-party site and ensure your understanding before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific entries (such as contest entries), or if you voluntarily provide creative ideas, suggestions, proposals, plans, or other materials, whether through online platforms, email, postal mail, or any other means (collectively referred to as 'comments'), you acknowledge and agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise utilize such comments in any medium. We are not obligated: (1) to maintain the confidentiality of any comments; (2) to provide compensation for any comments; or (3) to respond to any comments.
While we reserve the right to monitor, edit, or remove content at our discretion, we are not obligated to do so. Content that we may deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service, may be subject to removal.
By submitting comments, you warrant that they do not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. You also agree that your comments will not contain unlawful, abusive, or obscene material, nor any computer viruses or malware that could disrupt the operation of the Service or related websites. You may not use a false email address, impersonate another individual, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of any comments you make. We assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions, particularly in product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to rectify any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information within the Service or on any related website is found to be inaccurate, without prior notice, even after an order has been submitted.
We do not undertake an obligation to update, amend, or clarify information within the Service or on any related website, including, but not limited to, pricing information, except as required by law. The absence of a specified update or refresh date in the Service or on any related website should not be construed as an indication that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from utilizing the site or its content in the following ways:
(a) For any unlawful purpose;
(b) To solicit others to engage in unlawful acts;
(c) To contravene any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) To infringe upon or violate our intellectual property rights or those of others;
(e) To engage in harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To provide false or misleading information;
(g) To upload or transmit viruses or any other form of malicious code that may disrupt the functionality or operation of the Service, related websites, or the Internet;
(h) To collect or track the personal information of others;
(i) To engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
(j) For any obscene or immoral purpose; or
(k) To interfere with or circumvent the security features of the Service, related websites, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for any violation of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. Nor can we ensure that the results obtained from the use of the Service will be accurate or reliable You acknowledge that from time to time, we may remove the Service for indefinite periods or cancel it at any time without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service, along with all products and services delivered to you through it, are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, whether express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.
In no event shall nibs.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless nibs.com, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service remain effective unless and until terminated by either party. You may terminate these Terms of Service at any time by notifying us of your decision to discontinue using our Services or by ceasing to use our site.
In our sole judgment, if you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we reserve the right to terminate this agreement at any time without prior notice. In such cases, you will remain liable for all amounts due up to and including the date of termination. Additionally, we may deny you access to our Services, or any part thereof, accordingly.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service, along with any separate agreements under which we provide you with services, shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions about the Terms of Service, please contact us at info@nibs.com.
Effective Date: June 07, 2024