Terms & Conditions

The use of Nerds Shop’s website constitutes your agreement to be bound by its Terms of Service as well as all applicable laws and regulations. By protesting, you are not authorized to use the website.

Please read all the Terms of Service carefully before placing any orders or engaging in the website or business. We take steps to protect and maintain your privacy as you browse and purchase services through our website. The Terms of Service, as they pertain to your relationship with Nerds Shop, need to be reviewed regularly in order to remain aware of any changes.

Should you violate these Terms of Service, we may restrict your access to the website and prevent you from purchasing products from it.

OWNERSHIP

Unless otherwise noted, all logos featured on this website are owned by their respective owners and protected by their State and Country laws, while the content is published as per the marketing guidelines provided by the respective brands.

USER REGISTRATION

Please be sure to provide accurate, precise, and complete information during the registration process. If any of this information changes, please notify us immediately. By using this site, the user agrees not to imitate anyone or use any false names or names that are not theirs.

INDEMNITY

We, our employees, agents, and suppliers can demand full compensation, defence, and indemnification of ourselves, our employees, agents, and suppliers, from and against all claims, liabilities, damages, losses, costs, and expenses, as well as reasonable legal fees, that arise out of this Agreement arising any violation of any condition. In this case, you are responsible for any and all liabilities arising from your use of this site via your account on Nerds Shop’s website or from anyone else who uses your account or personal information to access the site.

OUR RIGHTS

You agree that we are not liable for any modification to the website (or any part of it) or for any withdrawal of the website (or any part of it) by us, with or without prior announcement. We reserve the right to revise the Terms of Service from time to time. If you continue to use the website (or any part thereof) after such changes, you agree to accept such changes. Any changes to these conditions will be posted on this website regularly, so you should return to this page regularly to check for changes and stop using the site as soon as possible if you do not agree with them.

PRIVACY

Certain areas of This Website (e.g., chat rooms, customer ratings, review areas, community and support forums) may permit You to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, Nerds Shop or its affiliates does not guarantee that You will have any recourse through Nerds Shop or any third party to edit or delete any User Submission You have submitted.

 By submitting any User Submission, You represent and warrant that: 

• You are at least 18 years old;
• You own all rights in Your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Nerds Shop the rights in Your User Submissions as described in These Terms;
• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
• You are the individual pictured and/or heard in Your User Submissions or, alternatively, You have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in Your User Submissions to grant the rights to Nerds Shop  as described in These Terms;
• Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
• Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
• Your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
• Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
• Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

 By submitting a User Submission, You grant to Nerds Shop, its parent company and its affiliates an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to: 

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use, (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Nerds Shop deems appropriate in its sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
• Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.

NERDS SHOP may, but is not obligated to, pre-screen User Submissions or monitor any area of This Website through which User Submissions may be submitted. NERDS SHOP is not required to host, display, or distribute any User Submissions on or through This Website and may remove at any time or refuse any User Submissions for any reason. NERDS SHOP is not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that NERDS SHOP may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient 

Orders

Your order is an offer to Nerds Shop to buy the product(s) and services listed in your order along with a sales order number. When you place an order to purchase a product and/or service from Nerds Shop, we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation”). Your receipt of the Order Confirmation only confirms that we have received your order; it does not constitute Nerds Shop’s acceptance of your order or Nerds Shop’s confirmation of our offer to sell. An order is not binding upon Nerds Shop until it is accepted; Nerds Shop must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Once payment is received and an order is accepted, Nerds Shop will issue an invoice to you and a contract will come into existence between you and us. Nerds Shop may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, Nerds Shop may, in its sole discretion, cancel your order and limit order quantity. Where your order is declined, cancelled or limited, we will inform you of this by appropriate means and you will not be charged. If however, your order is limited or canceled after your credit card has been charged for the purchase, Nerds Shop will issue a credit to your credit card account in the amount of the charge.

We may process payment for and ship parts of your order separately.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the “your account” area of the Site.

Pre-orders

Click the Pre-order button in the item description and checkout as you normally would. A sales order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your pre-ordered item is in stock and ready to ship. If you purchase an in-stock item with a pre-order item, you will be charged accordingly for the available product and the difference when your pre-ordered item is in stock and ready for shipment. In this instance, two sales order numbers will be issued; one for the in-stock merchandise and one for the pre-ordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.

Backorders

We will sometimes allow you to backorder an item that is out of stock. However, these items will be clearly marked with a Backorder button. Click the Backorder button in the item description and checkout as you normally would. A sales order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your backordered item is in stock and ready to ship. If you purchase an in-stock item with a backorder item, you will be charged accordingly for the available product and the difference when your backordered item is in stock and ready for shipment. In this instance, two sales order numbers will be issued; one for the in-stock merchandise and one for the backordered merchandise. You will be kept up-to-date via the Site and through standard Order Status emails to your account.

Payment

In order to place an order with Nerds Shop, you must provide us with your name, shipping address, billing address, telephone number, and payment information, such as your credit card number, billing address, credit card expiration date, and credit card security code. You represent and warrant to Nerds Shop that the credit card information or other payment method information you provide to Nerds Shop is accurate and complete; and you are authorized to use such credit card or payment method for the purchase.

Terms of payment are within our sole discretion and we must receive payment before our acceptance of an order. We may accept any of the following payment methods:

Visa

MasterCard

American Express

Discover

Nerds Shop Gift Card

PROMOTIONS

Promotional offers, Deals, Promo Codes, Rebates, Gifts, Combo Specials, Bundle Specials, Discounts, and etc. (collectively, “Promotions”) are subject to change without notice. In addition, Nerds Shop reserves the right to modify or cancel Promotions at any time, for any reason, and without notice, but will honor orders already placed.

NERDS CLUB TERMS

These terms of use are applicable to the Nerds Club Plus membership program and are subject to the nerdsshop.us Terms and Conditions. To become a member, you must accept the nerdsshop.us Terms and Conditions.

Nerds Club offers a suite of core benefits (as described in below, the “Nerds Club Plus Benefits”), which can be made available to you through a monthly or annual subscription plan. In addition, from time-to-time, Nerds Shop may also make available to you additional, fee-based benefits which you can also purchase in order to supplement your Nerds Club Plus Benefits. These additional benefits may be offered to you through a monthly or annual subscription plan, and may be offered individually, or as a package, as determined by Nerds Shop in its sole discretion. The Nerds Club Plus Benefits and additional Benefits may sometimes be referred to herein collectively as the “Nerds Club Plus Benefits”.

You may cancel your Nerds Club Plus Membership Benefit by calling our Customer Care at (855) 217-8763, or through email – customercare@nerdsshop.us No refunds will be processed upon cancellation of the Nerds Club Plus membership account.

You can avail benefits by joining Nerds Club Plus and the subscription is set on auto-renewal either on monthly or annual basis. Following the initial term, your Nerds Club Plus membership plan will automatically renew and we will charge any credit or debit card that we have on file for you for an additional term at the fee(s) then in effect plus any applicable taxes.

To sign up for a free or paid Nerds Club Plus Membership, you must have at least one Payment Method on file at all times. You can change your default Payment Method at any time. To remove all Payment Methods, you must cancel your Nerds Club Plus Membership. Nerds Shop reserves the right to determine which Payment Methods it elects to accept, in its sole discretion.

If all Payment Methods on file for you are declined for payment of the applicable fee, we will contact you to collect a different mode of payment. Failure to process the payment will automatically result in the Nerds Club Plus membership cancellation.

We reserve the right to accept or refuse Nerds Club Plus membership enrollments at our discretion. You may not transfer or assign your Nerds Club Plus Membership or any Nerds Club Plus Benefits. Nerds Club Plus Members are not permitted to purchase products for the purpose of resale, rental, or delivery to their customers or potential customers using Nerds Club Plus Benefits. From time to time, Nerds Shop may choose in its sole discretion to add or remove Nerds Club Plus Benefits.

The fees for nerds Club Plus subscription are stated in the Join Nerds Club sign up or other enrollment process or at the time of any product purchase from our website. From time to time we may offer different terms, and the fees for a Nerds Club Plus subscription. We may at our discretion change these Nerds Club Membership terms or Nerds Club Plus Benefits or any aspect of Nerds Club Plus that is not material, without notice or liability to you.

We may terminate your membership or participation in Nerds Club Plus, including any additional or ancillary benefits provided by Nerds Club Plus, at our discretion without notice or liability to you. If we do so, we will give you a full refund for any term that has not yet expired. However, we will not give any refund for termination related to conduct that we determine, at our discretion, violates these Terms or any applicable law, involves fraud, abuse or other misuse of the membership or any of its benefits, or in our sole discretion is harmful to our interests or those of another user.

 CONTENT ON THE SITE

All content included on the Site, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of Nerds Shop, its suppliers, licensors, or other providers of such material and is protected United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Nerds Shop and its suppliers and licensors expressly reserve all intellectual property rights in all content.

These Terms permit you to use the Site for your personal, non-commercial use only.

The Nerds Shop name, logos, service names, designs, and slogans are trademarks of Nerds Shop. You must not use such marks without the prior written permission of Nerds Shop. All other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nerds Shop.

Reporting claims of infringement of intellectual property rights

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Nerds Shop infringe your copyright, you may request removal of those materials (or access to them) from Nerds Shop by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• A physical or electronic signature of the copyright owner or a person who is authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Nerds Shop Legal Department
72 Pottstown Pike Ste 102
Chester Springs PA 19425
Phone: (855) 217-8763
Fax: (732) 527-3048
copyright@nerdsshop.us

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on Nerds Shop is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Notices of trademark Infringement

In order to remove trademarks, service marks, and/or trade dress infringing content, please send a notice of trademark infringement containing the following information to Nerds Shop:

• A physical or electronic signature of the trademark owner or a person who is authorized to act on behalf of the trademark owner;
• Identification of the trademark, service mark, and/or trade dress you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

Notices of trademark infringement should be sent to:

Nerds Shop Legal Department
72 Pottstown Pike Ste 102
Chester Springs PA 19425
Phone: (855) 217-8763
Fax: (732) 527-3048
trademarks@nerdsshop.us

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms or the sales transactions between you and Nerds Shop be governed by the laws of the State of Pennsylvania, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of these Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and Nerds Shop agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Site including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Pennsylvania, or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules and such arbitrator shall be independent and impartial.  If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator.  The arbitration shall be conducted in the English language.  The decision of the arbitrator will be final and binding on the parties.  Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party.  Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

You may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Nerds Shop. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to Nerds Shop at 72 Pottstown Pike Ste 102, Chester Springs, PA 19425 to the attention of Nerds Shop Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with Nerds Shop.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND NERDS SHOP, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND NERDS SHOP EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Nerds Shop that is more than one year after the date of the applicable invoice.

Entire Agreement

These Terms, together with Nerds Shop’s invoice regarding the products and/or services ordered by you, constitute the entire agreement between Nerds Shop and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Nerds Shop and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.