Terms of Service — NexYear

Overview
This website is operated by NexYear, LLC (“NexYear,” “we,” “us,” “our”). By visiting the site or purchasing from us, you agree to these Terms of Service (“Terms”), our Privacy Policy, and any additional policies referenced here. If you do not agree, do not use the site or services. Our store is hosted on Shopify Inc., which provides the e-commerce platform we use to sell our products and services.

1. Online Store Terms

You represent that you are at least the age of majority in your state or province of residence, or have consent from a parent/guardian for any minor dependents who use this site. You may not use the site for any unlawful purpose or to violate any laws. Any breach of these Terms may result in immediate termination of access.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. Your content (excluding payment data) may be transferred unencrypted over various networks and adapted to technical requirements. Payment information is always encrypted in transit. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

3. Accuracy, Completeness & Timeliness of Information

Site content is provided for general information and may not be current, complete, or accurate. We may modify site content at any time with no obligation to update. Your reliance on site material is at your own risk.

4. Modifications to Service & Prices

Product and service pricing is subject to change without notice. We may modify or discontinue the Service (or any part of it) at any time without notice. We are not liable for any modification, price change, suspension, or discontinuance.

5. Products, Services & Custom Work

Many NexYear offerings are custom or made-to-order (e.g., curated gifts, brand collaborations, event/launch kits, and strategic programs). Quantities may be limited. Colors and images are displayed as accurately as possible, but we cannot guarantee your screen’s display. We may limit sales to any person, region, or jurisdiction and may discontinue any product or service at any time.

Proofs & Approvals (Custom)

For custom projects, we provide proofs or concept approvals. Client approval constitutes authorization to proceed. After approval, change requests may incur additional fees and schedule impacts.

6. Orders, Billing & Account Information

We may refuse or limit any order (e.g., per person, per organization, or per order). If we change or cancel an order, we will attempt to notify you via the email/phone provided at checkout. You agree to provide current, complete, and accurate purchase and account information and to promptly update your details.

7. Taxes, Duties & Shipping

Applicable sales tax is collected where required by law. For shipped goods, title and risk of loss transfer to you upon carrier acceptance unless otherwise stated. Delivery dates are estimates and may be affected by carrier delays or events beyond our control.

8. Optional Tools & Third-Party Links

We may provide access to third-party tools “as-is” and without warranties. Use is at your own risk and subject to the third party’s terms. The site may link to third-party websites; we are not responsible for their content, policies, or practices.

9. User Submissions & Feedback

If you send ideas, suggestions, proposals, or other materials (“comments”), you grant us a non-exclusive, royalty-free right to use and adapt them without obligation to compensate or respond, unless otherwise agreed in writing. You are responsible for ensuring your submissions do not violate others’ rights or contain malware.

10. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

11. Errors, Inaccuracies & Omissions

Occasionally there may be typographical errors or omissions related to product descriptions, pricing, promotions, or availability. We reserve the right to correct errors and update information or cancel orders if any information on the site or service is inaccurate at any time (including after an order is submitted).

12. Prohibited Uses

You may not use the site or content: (a) for unlawful purposes; (b) to violate laws or regulations; (c) to infringe intellectual property rights; (d) to harass, abuse, defame, or discriminate; (e) to submit false or misleading information; (f) to upload viruses or malicious code; (g) to collect personal information of others; (h) to spam, phish, or crawl; (i) for obscene or immoral purposes; or (j) to circumvent security features.

13. Custom Orders, Returns & Refunds

Because our work is highly customized and made-to-order, all sales are final once an order or project is confirmed. We do not offer refunds or exchanges on custom products, curated gifts, event/launch kits, or design/strategy services.
If your order arrives damaged or incorrect, contact dmeitner@nexyear.com within 5 business days of delivery with your order number and photos so we can evaluate and address the issue.

14. Disclaimer of Warranties; Limitation of Liability

Except as expressly stated by us, the Service and all products/services are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NexYear, our directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or replacement costs, arising from your use of the Service or products, even if advised of the possibility. Where limitations are not permitted by law, liability shall be limited to the maximum extent allowed.

15. Indemnification

You agree to indemnify and hold harmless NexYear, its affiliates, officers, directors, employees, agents, and partners from any claim or demand, including reasonable attorneys’ fees, arising from your breach of these Terms or violation of any law or third-party rights.

16. Severability

If any provision of these Terms is determined to be unlawful or unenforceable, that provision shall be enforced to the fullest extent permitted and the unenforceable portion will be deemed severed, without affecting the validity of the remaining provisions.

17. Termination

These Terms are effective unless and until terminated by either party. You may terminate by ceasing use of the site and notifying us. If we believe you have failed to comply with these Terms, we may terminate or suspend access at any time and you remain liable for amounts due up to the termination date.

18. Entire Agreement

These Terms, along with policies posted on the site, constitute the entire agreement between you and NexYear and supersede prior agreements, communications, or proposals (oral or written). Any ambiguities shall not be construed against the drafting party.

19. Governing Law

These Terms and any separate agreements whereby we provide you Services are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict-of-law principles.

20. Changes to Terms

You can review the most current version of the Terms at any time on this page. We may update these Terms by posting changes to the site; your continued use after changes are posted constitutes acceptance.

21. Contact Information

Questions about the Terms should be sent to:
dmeitner@nexyear.com
NexYear, LLC — Philadelphia, Pennsylvania, USA