Legal Notices

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 service@thenexxusgroup.com

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 service@thenexxusgroup.com. 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 service@thenexxusgroup.com

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