Terms of service

NXTDAY

TERMS OF SERVICE

Thank Me Later

OVERVIEW

Welcome to NXTDAY. The terms "we," "us," and "our" refer to NXTDAY. NXTDAY operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you — the customer — with a curated shopping experience (the "Services"). NXTDAY is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

NXTDAY has made every effort to accurately represent our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration.

We do not warrant that the quality of any products or services purchased by you will meet your expectations or be identical to how they appear in our store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. NXTDAY reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until NXTDAY confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as NXTDAY may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time of the order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

We may offer promotions from time to time that affect pricing and are governed by separate terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use such card; (iii) charges will be honored by your card company; and (iv) you will pay all charges incurred, including shipping, handling, and applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

NXTDAY is not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer your order to a carrier, title and risk of loss passes to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services — including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof — are owned by NXTDAY, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.

NXTDAY's names, logos, product and service names, designs, and slogans — including "NXTDAY" and "Thank Me Later" — are trademarks of NXTDAY or its affiliates. You must not use such trademarks without prior written permission. All rights not expressly granted herein are reserved by NXTDAY.

SECTION 7 — OPTIONAL TOOLS

You may be provided access to third-party tools as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk and discretion.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to third-party websites or embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you leave the Services to access third-party content, you do so at your own risk.

We are not liable for any harm or damages related to your access of third-party websites or your purchase or use of any products, services, or content thereon. Please review third-party policies carefully before engaging in any transaction.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

NXTDAY is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make are made directly with NXTDAY. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and NXTDAY. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with NXTDAY.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services in order to provide and improve them. Information you submit may be transmitted to and shared with Shopify as well as third parties in other countries, in order to provide services to you.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant NXTDAY a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms. NXTDAY is under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights, and will not contain libelous, unlawful, abusive, or obscene content or any malware. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, to:

• Engage in any unlawful or malicious purpose

• Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances

• Infringe upon NXTDAY's intellectual property rights or those of others

• Harass, abuse, defame, or harm any of our employees or any other person

• Transmit false or misleading information

• Send any advertising or promotional material, including spam or chain letters

• Impersonate or attempt to impersonate any other person or entity

• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services

In addition, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, or exploit any portion of the Services; (c) collect personal information of others; (d) spam, phish, or scrape; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any part of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or your access to the Services at any time without notice, at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY NXTDAY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL NXTDAY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NXTDAY, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. We may control the defense and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 — SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

The failure of NXTDAY to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and NXTDAY and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals between you and us.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. NXTDAY may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where NXTDAY is headquartered. You and NXTDAY consent to venue and personal jurisdiction in such courts.

SECTION 22 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on our website.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: