Eligibility to Use the Services
Contributors under 18 years of age are not eligible to contribute to Perks. Nex reserves the right to refuse the contributions to the Perks from anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Perks at any time for any reason without liability.
Nex offers Perks to Contributors. Nex will respond promptly and truthfully to all questions posed to them by any Contributor. If Nex is unable to fulfill any of its commitments to Contributors (including delivering any Perks), Nex will work with the Contributors to reach a mutually satisfactory resolution.
All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
Contributors may request a refund from Nex before the end of a Campaign.
Each Contributor agrees to defend, indemnify and hold harmless Nex, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to the breach of these Terms or violation of any laws.
EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE PERKS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF THE PERKS IS WITH CONTRIBUTOR AND CONTRIBUTOR ASSUMES THE COST OF ANY SERVICING, REPAIR OR REPLACEMENT OF THE PERKS. NEX, DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS WITH RESPECT TO THE PERKS, WHETHER IMPLIED, EXPRESS OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. NEX DOES NOT WARRANT THAT THE PERKS ARE ERROR-FEE OR WILL FUNCTION WITHOUT INTERRUPTION TO THE EXTENT THAT NEX MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM CERTAIN IMPLIED WARRANTIES OR CONDITIONS. THE DURATION OF ANY SUCH IMPLIED WARRANTY OR CONDITION SHALL BE LIMITED TO THE SHORTER OF THE WARRANTY PERIOD OR THE MINIMUM TIME PERIOD PERMITTED UNDER SUCH LAW.
LIMITATION OF LIABILITY: IN NO EVENT NEX SHALL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR DATA LOSS OR CONTENT LOSS ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE USE OF OR INABILITY TO USE ANY PERKS EVEN IF NEX KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NEX’S AGGREGATE CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS LIMITED TO WARRANTY AND THE USE OF, OR INABILITY TO USE ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE SHALL IN NO EVENT EXCEED THE PRICE CONTIBUTED BY CUSTOMER FOR SUCH PERK.
CONSUMER PROTECTION: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Waiver and Release
For Contributors in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each Contributor hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any Contributor.
Contributors agree that: (a) the Services shall be deemed solely based in California (the principal place of business and corporate headquarters of Nex Computer LLC); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Nex, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Perks are solely directed to individuals, companies, or other entities located in the U.S.
These Terms are the entire agreement between each Contributor and Nex regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Nex’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.