Terms and Conditions
Acceptance of Terms
This website (the “Website”) is owned and operated by Nev’s Ink, Inc. (“Nev’s Ink”). Your use of the Website is subject to these terms and conditions (“Agreement”). By accessing or using the Website, or services offered on this Website, you agree to follow and be bound by this Agreement. Your use of the Website may also subject to additional posted rules, guidelines, disclaimers or terms of service. Should there be a conflict between any other such rule, guidelines, or terms of service and this Agreement, the provisions of this Agreement shall govern.
Modifications to Website, Services and Content
Nev’s Ink reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website or any content contained therein for any reason and at anytime without notice to you. Nev’s Ink reserves the right to delete, modify or supplement the Content of this Website at any time for any reason without notification to anyone. Nev’s Ink is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website. Any amended or modified terms will be effective upon posting. Nev’s Ink reserves the right to make changes to this Website, including information and pricing, at any time without notice. Continued use of the Website constitutes acceptance of any modified terms and conditions.
Nev’s Ink periodically schedules system downtime for maintenance and other purposes and the Website may be unavailable due to unplanned system outages. Nev’s Ink shall have no liability whatsoever for the resulting unavailability of the Website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages.
Website Content Warranty and Disclaimer of Warranties
Nev’s Ink uses commercially reasonable security measures to protect against the loss, misuse, and alteration of the information under our control, including credit card information that is submitted to Nev’s Ink.
When you place an order or access your account information, the Website uses secure server software (SSL), which encrypts all information you input before it is sent to us. We cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update and test our technology in order to improve the protection of customer information. Nev’s Ink makes no representations or warranties with regard to the sufficiency of these security measures and, Nev’s Ink shall not be responsible for any actual or consequential damages that result from a security breach.
Third Party Content and Links
The Website may contain hyperlinks to Websites controlled by parties other than Nev’s Ink. Nev’s Ink is not responsible for and does not endorse or accept responsibility over the contents, opinions expressed or use of any of these Websites. Nev’s Ink makes no representations or warranties with regard to the products, services or content of any such third parties.
The contents of the Website, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of Nev’s Ink and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Website solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Nev’s Ink.
You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Website. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Website or the Content.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE WEBSITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF NEV’S INK OR ANY THIRD PARTY ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. IN NO EVENT SHALL NEV’S INK'S TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY, TO NEV’S INK FOR THE USE OF THE WEBSITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.
You agree to indemnify, defend and hold Nev’s Ink and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Website, (ii) your use of products or services provided through the Website, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Nev’s Ink's defense of any claim. Nev’s Ink reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Nev’s Ink.
Your Account and Membership Obligations
You agree to: (i) provide accurate and current information about yourself as prompted by the Website (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Website and future access to the Website.
You are responsible for maintaining the confidentiality of your password and account number, and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. Nev’s Ink shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.
Purchase and Product Pricing
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing or product information or otherwise, Nev’s Ink shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Nev’s Ink shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User's credit card charged. If the User's credit card has already been charged for the purchase and his/her order is canceled, Nev’s Ink shall issue a credit to the User's credit card account in the amount of the charge.
Refund / Cancellation Policy
Nev's Ink will issue a credit to our customers on any cancelled order less a 15% restocking fee and all shipping & handling charges that have been accrued.
Cancellations requests may be directed to the Nev's Ink Customer Service Department at (800) 638-7465 or by email. For orders that have already shipped, a Return Merchandise Authorization ("RMA") will be issued and a credit given once the unused product has been returned to Nev's Ink, Inc.
Conduct Guidelines and Lawful Use of the Website
Any information provided to Nev’s Ink in connection with use of the Website: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Nev’s Ink or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Website, including but not limited to unsolicited e-mail.
Termination or Suspension of Account
Nev’s Ink may immediately issue a warning, suspend or terminate your access to the Website or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion.
Applicable Law/International Issues
Information that is submitted to this Website will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. User, you acknowledge and agree that we may collect and use your Information, as discussed above, outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that your have read this Agreement, understand it, agree to its terms and consent to the transfer of such Information outside your resident jurisdiction. If you do not consent to the terms of this Policy, please do not use this Website, but if you have already provided us with Information, please contact us and let us know how you would like us to handle such information.
Governing Law and Jurisdiction
This Agreement shall be governed and interpreted in accordance with the laws of the United States and the state of Wisconsin. Any disputes arising out of this Policy shall be adjudicated in a court of competent jurisdiction in the Eastern District of the state of Wisconsin.
Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Nev’s Ink's policy regarding copyright infringement and Nev’s Ink's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
Nev’s Ink respects the intellectual property rights of others and requires those that visit our web Website to do the same. Nev’s Ink may, in appropriate circumstances and at its discretion, remove or disable access to material on its web Website or its network that infringes upon the copyright rights of others. Nev’s Ink also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.
If you believe that your work has been used on our web Website or our network in any manner that constitutes copyright infringement, please send notice to