Nexus Website Terms Of Use

Acceptance

By using or visiting the NEXUS Website (the "Website Service"), you agree to both these Terms and Conditions ("Terms of Use") and the Terms and Conditions of the NEXUS Privacy Policy, which are incorporated herein by reference. Each time you use or cause access to Website Service, you agree to be bound by these Terms of Use, or shall be deemed to accept these Terms of Use, as amended from time to time with or without notice to you. If you do not agree to any of these terms, please do not use the NEXUS Website Service. These Terms of Use apply to all users of the NEXUS Website Service.

Website Access

Nexus Distribution Inc. o/a Nexus Cellular (hereinafter “NEXUS”) hereby grants you permission to use the Website Service in accordance with these Terms of Use, provided that:

  • your use of the Website Service is solely for your reasonable and bona fide business-related purposes use;
  • you will not copy or distribute any part of the Website Service in any medium or manner inconsistent with these Terms of Use without NEXUS's prior written consent;
  • you will not alter or modify any part of the Website Service other than as may be reasonably necessary to use the Website Service for its intended purpose; and
  • you will otherwise comply with these Terms of Use.

NEXUS retains the right, at its sole discretion to grant, discontinue, or modify the permission to use, or scope of use of, the Website Service by any one or more users at any or all times.

Account Setup

In order to access some features of the Website Service, you will have to create an account. NEXUS will setup your account only after receipt of all required account information, payment receipt verification and the conclusion of all order & fraud screening processes. You should never use another person’s account and you should not permit any other person to use your account. When creating your account, you must provide accurate and complete information. Providing false information of any kind may result in the termination of your account without notice. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Organizations desiring to authorize multiple individuals to use the Website Service on their behalf may only do so through the creation of unique username accounts for each such individual though office contact and payment information may be common across such related accounts, You must notify NEXUS immediately of any breach of security or unauthorized use of your account. Although NEXUS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NEXUS or others due to such unauthorized use.

You must not use this NEXUS Website Service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the Website Service, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website Service without the express written consent of NEXUS. You agree not to collect or harvest any personally identifiable information, including account names, from the Website Service.

You must not use the Website Service to transmit or send unsolicited commercial communications.

NEXUS reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by NEXUS should the total amount of data transfer exceed an amount deemed excessive in NEXUS’s sole discretion.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website Service in a manner that sends more request messages to the NEXUS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NEXUS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NEXUS reserves the right to revoke these exceptions either generally or in specific cases.

Intellectual Property Rights

The content on the NEXUS Website ("Content") and the trademarks, trade names, service marks and logos contained therein ("Marks"), are owned by or licensed to NEXUS, or otherwise used lawfully, subject to copyright, trademark and other intellectual property rights under Canadian law and international conventions. All Marks are properties of their respective holders. Among its services, NEXUS is a wholesaler of third party replacement parts and does not own or make claim to those trademarks used on this website in which it is not the holder. The use by NEXUS of any trademarks which are not owned or licensed to NEXUS is only to the extent necessary to identify the compatibility of certain repair or replacement parts offered to you and other users of the Website Service.

Content on the Website is provided to you AS IS for your information only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. NEXUS reserves all rights not expressly granted in and to the Website Service and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the NEXUS Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the NEXUS Website or the Content therein.

Third Party Websites

The NEXUS Website may contain links to third party websites that are not owned or controlled by and NEXUS assumes no responsibility for these third party websites. By using the NEXUS Website, you expressly discharge NEXUS from any and all liability arising from your use of any third-party website.

Warranty and Indemnity

Matters related to warranties, returns and credits on specific products ordered through the NEXUS Website are specified at the time of purchase or referenced elsewhere.

You agree that your use of the NEXUS Website Service is at your sole risk. NEXUS makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Website Service by any third party, or concerning damage of any kind incurred resulting from use of the Website Service. NEXUS does not endorse and is not responsible for any product or service advertised or offered by a third party through the Website Service or any hyper-linked website.

In no event shall NEXUS, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Website or Content.

Disclaimer

THE PRODUCTS AND PARTS THAT NEXUS PROVIDES FOR SALE ARE TESTED FOR FUNCTIONALITY, QUALITY AND WHERE STATED, COMPATIBILITY WITH OEM PRODUCTS. HOWEVER, SUCH PRODUCTS AND PARTS MAY NOT BE OEM ORIGINAL PRODUCTS OR PARTS. NEXUS MAY SELL DIFFERENT QUALITY GRADES OF PARTS INCLUDING, BUT NOT LIMITED TO: OEM, SEMI-OEM, REFURBISHED, AFTERMARKET, AND OTHERS THAT ARE IN NEW, LIKE NEW, OR USED CONDITION.

NEXUS IS NOT RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR BUSINESS MAY SUFFER, INCLUDING ANY LOSS RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY NEXUS OR ITS EMPLOYEES. NEXUS DISCLAIMS ANY AND ALL WARRANTIES FOR SERVICES OR PRODUCTS PROVIDED INCLUDING ANY WARRANTY THAT SERVICES OR PRODUCTS WILL WORK AS REPRESENTED OR FOR THEIR INTENDED PURPOSE, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. EXCEPT AS OTHERWISE EXPLICITLY STATED, THE GOODS AND SERVICES ARE PROVIDED “AS IS”. YOU AGREE THAT NEXUS SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, OR INTERRUPTION OF BUSINESS RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATING TO THE GOODS AND/OR SERVICES, ARISING OUT OF NEXUS’S BREACH OF THIS AGREEMENT. IN NO EVENT SHALL NEXUS’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION, EXCEED THE TOTAL AMOUNT YOU PAID NEXUS.

You agree to defend, indemnify and hold harmless NEXUS its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  1. your use of and access to the NEXUS Website Service;
  2. your violation of any aspect of these Terms of Use; or
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right;

General

You confirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them.

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

NEXUS may transfer, assign, sub-contract or otherwise deal with its rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, assign, sub-contract or otherwise deal with your Account and/or rights and/or obligations under these Terms of Use without prior notice to and the prior consent of NEXUS.

You agree that the NEXUS Website shall be deemed solely based in Ontario, Canada and that these Terms of Use shall be governed by the laws of the Province of Ontario, Canada whose courts shall have exclusive jurisdiction. You agree that any cause of action in relation to the NEXUS Website Service must be commenced within one (1) year after the cause of action accrues, or such cause of action is permanently barred.


Last Modified: May 16, 2017

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