Terms and Conditions
Use of Site
Accessing, browsing or otherwise using the site indicates your Agreement to all the Terms and Conditions in this Agreement, so please read this agreement carefully before proceeding. If you do not agree to any of these terms, then please do not access or use the Nixon website.
These Terms and Conditions apply to all users of the Nixon Website, including users who also may be contributors of text, content, information, and other materials or services on the Website.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of interacting with Nixon Site content and shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the beneﬁt of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You understand that when using the Nixon Website, you will be exposed to User Submissions from a variety of sources, and that Nixon is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive any legal or equitable rights or remedies you have or may have against Nixon with respect thereto, and agree to indemnify, defend, and hold harmless Nixon, its Owners/Operators, afﬁliates, subsidiary entities, successors, agents and assigns, officers, directors, employees and/or licensors to the fullest extent allowed by law regarding all matters related to your use of the site.
The Nixon Website may contain links to third party websites that are not owned or controlled by Nixon. Nixon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Nixon will not and cannot censor or edit the content of any third-party website. By using Our Website, you expressly waive any and all rights and claims of any kind you may have against Nixon and any potential liability as to Nixon to you arising from your use of any third-party website.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Nixon or its afﬁliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Nixon or its afﬁliates. All software used on this Site (the "Software") is the property of Nixon, its afﬁliates or its Software suppliers. Nixon logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Nixon, its afﬁliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with any applicable local laws, rules and regulations.
You afﬁrm that you are either more than 18 years of age, or an emancipated minor, or possess legal, parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, afﬁrmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been conﬁrmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This site is created and controlled by Nixon in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conﬂicts of laws.
If You sign up as a Nixon.com (or other related Site) member, and You expressly opt-in to receive personalized communications by email and by text, We will use Your personal information to create a user proﬁle. In this context, We may combine the information You give Us online with other Information from Nixon sources, transactions and communications collected or processed by Nixon or its third-party partners. This may include Data from the Nixon Sites, or Nixon licensee afﬁliate sites. Once You become a Nixon.com member, the personal information actively submitted by You will be registered in the central Nixon database in the United States. If You publicly post about Nixon, or communicate directly with Nixon, on a social media website, We may collect and process the Data contained in such posts or in Your public proﬁle for the purpose of addressing any customer services requests You may have and to monitor public information about Nixon.
Electronic Communications Consent
User Content Submission Terms
The following terms and conditions (hereafter “Terms”) govern any and all Submissions (as deﬁned herein) of User Content (as deﬁned herein). You acknowledge that You shall be solely responsible for any information, proﬁles, messages, text, ﬁles, images, photos, video, music, sounds, or other content or materials (“User Content”) that You submit, upload, post or otherwise provide or make available to Us or Our vendors, on or through Our Site or otherwise (“Submission(s)”), including User Content You agree to allow us to use that is on third party companies’ websites that are associated with hashtags related to Nixon, including, for example, #Nixon. Nixon expressly disclaims any and all liability in connection with Submissions. Such Submissions may be used on the Site and/or on other Nixon marketing materials, including emails, social media and store signage. By making a Submission, You represent and warrant that You are at least eighteen (18) years old and that You have read, understand and agree to be bound by these Terms. If Your Submission is selected by Nixon to be used, it may be displayed for other users to see, together with Your name and associated Instagram, Twitter, Facebook (if applicable) proﬁle information (such as your handle and proﬁle picture). You acknowledge and agree that Nixon is under no obligation to display, feature or use any Submission, but We may do so at Our sole discretion.
Any Submission will be treated as non-conﬁdential. Any Submission also will be treated as non- proprietary, except as speciﬁcally set forth herein. By making a Submission, You hereby grant, and You represent and warrant that You have the right to grant to Nixon, its afﬁliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works of, distribute, perform and display any Submission, as well as Your name, Instagram, Twitter, Facebook ID, proﬁle picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to You. You also acknowledge that Your Submission may not be returned, and We may use Your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. For clarity, You retain all of Your ownership rights in your Submissions.
If You make a Submission, You represent and warrant that You own or have the necessary licenses, rights, consents, and permissions to make the Submission and to grant to Nixon the license rights contained in these Terms; that any Submission You make will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have the necessary licenses, rights, consents, and permissions from the rightful owner of the material or are otherwise legally entitled to make the Submission and to grant to Nixon the license rights contained in these Terms; and that Your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or conﬁdentiality. You further represent and warrant that Your Submissions comply with all applicable laws, rules and regulations, and any third-party agreements to which You are subject.
You further represent and warrant that Your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Us as to the origin of any Submission. You agree to indemnify, defend and hold harmless Nixon, our vendors, third parties and any of Our or their respective parents, afﬁliates, licensees, licensors, and each of Our or their respective ofﬁcers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, ﬁctionalization or use in any composite form of Your or any other person’s or entity’s name, social media profile and content, including but not limited to pictures, images, likeness, comments, posts, statements; or (b) any breach or alleged breach by You of any of these Terms or applicable laws.
Nixon does not guarantee any conﬁdentiality with respect to Submissions made and such Submissions may be made available to the general public and may be used by Nixon without restriction. Anyone who submits User Content further irrevocably waives any rights of publicity and privacy, any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that may exist under any applicable law or under any legal theory.
Nixon reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Site or otherwise use the Submission. You acknowledge and agree that all editorial decisions regarding the use of Your Submission are solely at Nixon’s discretion, and that Nixon may combine, format, conﬁgure and otherwise edit your Submission in its sole discretion. You hereby waive any right to inspect or approve Your Submission before it is used. The Site may include the opinions, statements and other content of third parties. Nixon is not responsible for screening, monitoring, or verifying such content, including such content’s accuracy, reliability, or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third parties and not of Nixon, including its licensors and/or vendors, and Nixon does not endorse any such opinions, statements, or materials. Nixon reserves the right to remove Submissions at any time without prior notice.
To the fullest extent permitted by applicable law, You hereby release, hold harmless, and forever discharge Nixon from any and all claims, actions, causes of action, demands, rights, damages, costs, and expenses (collectively, “Claims”) arising out of, related to, or in any way connected with the exercise by Nixon of the rights granted herein, including, without limitation, any and all Claims for invasion of privacy, infringement of Your rights of privacy and/or publicity, infringement of Your intellectual property rights, defamation, or portrayal in a false light. You agree to waive and release Nixon from those rights similar to those set forth in California Civil Code section 1542 which provides, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”.
We believe that arbitration offers a prompt and efficient way to resolve any dispute, controversy or other claim of any kind between us whether arising under any legal or equitable theory and given the broadest meaning enforceable under the law (hereinafter referred to as a “Dispute”).
To the maximum extent permitted by law, You agree that any and all disputes will be resolved exclusively and finally using binding arbitration and will only be conducted on an individual basis and not in a class, consolidated, representative, or similar action, except as provided below. The arbitrator must follow these Terms and Conditions and can award the same damages and relief as a court in an individual proceeding (including attorney’s fees, where provided for under the law).
Acceptance of these Terms and Conditions constitutes a waiver of your right to litigate the Dispute in any court, the opportunity to be heard by a judge or jury, and the ability to proceed in a class action lawsuit – whether as a plaintiff, defendant, lead class representative or as a class member, consolidated, representative or similar action, except as provided below.
Pre-Arbitration Claim Resolution
Before you can commence any proceeding as to a Dispute, you must first give us an opportunity to resolve the Dispute by Contacting Us. Please include the following additional information on the submitted form: (1) a written description of your claim about the Dispute, and (2) a description of the specific relief you seek, (3) and your phone number If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue the Dispute in arbitration or, if you have opted out of arbitration as provided under “Right to Opt Out” (below), in court.
Right to Opt Out
Notwithstanding the above, You may choose to pursue a Dispute in court and not by arbitration if You opt out of arbitration within 30 days from the date that you first consent to these Terms and Conditions (the “Opt-Out Deadline”). To opt out of arbitration, simply Contact Us with the following information: (1) your name; (2) your address; (3) your cell phone number and (4) a clear statement that You do not wish to resolve Disputes with us through arbitration. Please be assured that any decision to opt out of arbitration will have no adverse effect on Your relationship with Us. But We do have to enforce the Opt-Out Deadline so keep in mind that any opt out request received after the Opt-Out Deadline will not be honored by us and You will be required to pursue any formal Dispute in arbitration.
If the Dispute is not resolved as described in the above sections, either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. All issues shall be for the arbitrator to decide, including the scope of the arbitration provisions in these Terms and Conditions.
The AAA rules are available at www.adr.org or by calling 1-800-778-7879. These Terms and Conditions govern in the event of any conflict with the applicable arbitration rules.
Under no circumstances will class action procedures or rules apply to the arbitration, and the arbitrator may not consolidate more than one person’s Disputes or otherwise preside over any form of a class, consolidated, representative or similar action, unless both You and we specifically agree following initiation of the arbitration. The arbitration will be conducted in English, closed to the public and confidential. All related records shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
The U.S. Federal Arbitration Act (“FAA”) may govern the arbitrability of Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or conditions precedent to suit.
Nothing herein will preclude Us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of Our intellectual property rights, from any court of competent jurisdiction.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration
Unless You and We mutually agree on a different location, arbitration shall occur in Carlsbad, California. You waive any right to claim that such location is an inconvenient forum, and You agree not to sue Us or bring arbitration in any other forum.
To minimize the costs and burdens of associated with arbitration, You and We agree that the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. You and We further agree that the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties.
Payment of Arbitration Fees and Costs
So long as you submit a pre-arbitration claim dispute as outlined above before commencement of the arbitration, we will pay all arbitration filing, administration and arbitrator fees in any Dispute involving claims totaling less than $10,000. You will be responsible for any additional fees and costs that you incur in the arbitration, including the fees and costs of any attorney or expert witness you may use. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator. In the event the arbitrator deems that We are the prevailing party, then Nixon Inc. shall be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Waiver of Class Action, Jury and Other Rights
You acknowledge and agree that, subject to Your ability to pursue a Dispute in court by complying with the procedures above under “Right to Opt Out,” your acceptance of these Terms and Conditions constitutes Your waiver of certain rights, including Your right to litigate a Dispute in a public court before a judge or jury; Your ability to participate in a class, consolidated, representative or similar action; Your ability to conduct discovery and other procedures except under AAA rules; and Your right to certain remedies and relief.