The Nexxus Group
Terms and Conditions
TERMS AND CONDITION OF USE
This site may produce automated search results or otherwise link you to other sites
on the Internet. These sites may contain information or material that some people
may find inappropriate or offensive. These other sites are not under the control
of The Nexxus Group, and you acknowledge that The Nexxus Group is not responsible
for the accuracy, copyright compliance, legality, decency, or any other aspect of
the content of such sites. The inclusion of such a link does not imply endorsement
of the site by The Nexxus Group or any association with its operators.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this site
are protected by copyrights, trademarks, service marks, patents, trade secrets,
or other proprietary rights and laws. Except as expressly authorized by The Nexxus
Group, you agree not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative
works from such materials or content. Notwithstanding the above, you may print or
download one copy of the materials or content on this site on any single computer
for your personal, non-commercial use, provided you keep intact all copyright and
other proprietary notices. Systematic retrieval of data or other content from this
site to create or compile, directly or indirectly, a collection, compilation, database
or directory without written permission from The Nexxus Group is prohibited. In
addition, use of the content or materials for any purpose not expressly permitted
in these Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes
of any materials or design elements on this site is strictly prohibited without
the express written permission of The Nexxus Group. Permission is granted only when
certain limited criteria are met. For information on requesting such permission,
please contact us at [email protected]
All submissions and changes requested by vendor are subject to approval by the participating
retailer. The submission of a product, or change to an existing product, does not
guarantee vendor that the change will be approved by retailer nor does it guarantee
that the product will be approved to sell inside the retail store. Vendors are required
to contact The Nexxus Group with any updates in contact information such as changes
to email addresses or changes to payment remit to addresses. The email address provided
by vendor will be used to relay important information regarding your account. It
is the responsibility of the vendor to monitor sales, payments, and any other information
pertaining to payment. Vendors are required to contact us with any claims within
ten (10) business days of the check date in order to be eligible for reimbursement.
Reimbursement is not guaranteed, however; but we will research the issue and work
to find a resolution within a timely manner. Account balances and issues outstanding
with a retailer at the time of the inception of The Nexxus Group program are the
responsibility of the participating retailer. The submission of new barcodes and/or
UPC’s should be emailed to [email protected]. We require a minimum of thirty
(30) days notice before the new barcode and/or UPC will become effective. Failure
to report correct UPC information may result in the inability to track sales of
your product. Errors in packaging/UPC codes on products delivered to stores
are the responsibility of the vendor. All price changes are considered “requests”
until approved by the retailer and processed by The Nexxus Group. Failure to provide
a minimum of thirty (30) days notice of a price change may result in a delay of
implementation of the new price change. All price changes are subject to retailer
approval. All price changes MUST be submitted online at www.thenexxusgroup.com
by clicking on Price Changes and submitting the request by clicking “send to Nexxus”
with a minimum of thirty (30) days notice. It is the responsibility of the
vendor to notify The Nexxus Group immediately if any information regarding the cost
and/or retail of your product is incorrect. Pricing concerns must be submitted with
ten (10) business days of the requested effective date. Upon receipt of your claim,
we cannot guarantee payment, however, we will work with the retailer to correct
the issue within a timely manner. Submitting a claim does not guarantee payment
as payments are based on the scan of your product at the time of the sale.
Retailer payment terms may vary. We do not release checks to the vendor until after
receipt of funds from the participating retailer. Payments are based on retailer
price book at the time of the sale. Weekly reporting cycles run from Sunday to Saturday
of each week.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
- grant The Nexxus Group and its affiliates and licensees the right to use, reproduce,
display, perform, adapt, modify, distribute, have distributed, and promote the content
in any form, anywhere and for any purpose; and
- warrant and represent that you own or otherwise control all of the rights to the
content and that public posting and use of your content by The Nexxus Group will
not infringe or violate the rights of any third party.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site in
a way that constitutes copyright infringement, you may notify The Nexxus Group at
[email protected]
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR
USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE NEXXUS GROUP, ITS SUBSIDIARIES, AND
ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY
TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE NEXXUS GROUP, ITS SUBSIDIARIES, OR ITS LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF The Nexxus Group HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NEXXUS GROUP'S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
Upon a request by The Nexxus Group, you agree to defend, indemnify, and hold harmless
The Nexxus Group and its subsidiary and other affiliated companies, and their employees,
contractors, officers, and directors from all liabilities, claims, and expenses,
including attorney's fees, that arise from your use or misuse of this site. The
Nexxus Group reserves the right, at it own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with The Nexxus Group in asserting any available defenses.
INTERNATIONAL USE
The Nexxus Group makes no representation that materials on this site are appropriate
or available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who choose
to access this site from other locations do so on their own initiative and are responsible
for compliance with local laws.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws
of the State of Massachusetts, excluding its conflicts of law rules. You expressly
agree that the exclusive jurisdiction for any claim or action arising out of or
relating to these Terms of Use or your use of this site shall be filed only in the
state or federal courts located in the State of Massachusetts, and you further agree
and submit to the exercise of personal jurisdiction of such courts for the purpose
of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement
between you and The Nexxus Group with respect to this site and supersedes all prior
or contemporaneous communications and proposals (whether oral, written, or electronic)
between you and The Nexxus Group with respect to this site. If any part of these
Terms of Use is held invalid or unenforceable, that portion shall be construed in
a manner consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full force
and effect.
TERMINATION
The Nexxus Group reserves the right, in its sole discretion, to terminate your access
to all or part of this site, with or without notice.