Terms of Use

Welcome to Continuum Commerce LLC. These Terms of Use ("Terms") govern your access to and use of the websites, applications, and services (collectively, the "Services") operated by Continuum Commerce LLC ("Company," "we," "us," or "our"), including www.continuumcommercellc.com and our affiliated e-commerce properties such as NerdRelic Collectibles.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify these Terms at any time. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

2. Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Services under applicable law
• You will comply with these Terms and all applicable laws and regulations

3. Account Registration

Some features of our Services may require you to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

4. Products and Purchases

4.1 Product Descriptions

We strive to provide accurate descriptions and images of our products. However, we do not warrant that product descriptions, images, pricing, or other content is accurate, complete, reliable, current, or error-free. Colors may vary due to monitor settings. For collectibles and vintage items, condition descriptions are provided to the best of our ability based on visual inspection.

4.2 Pricing

All prices are displayed in U.S. dollars unless otherwise indicated. We reserve the right to change prices at any time without notice. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.

4.3 Order Acceptance

Your placement of an order constitutes an offer to purchase. We reserve the right to accept or decline your order for any reason, including but not limited to:

• Product availability
• Errors in product or pricing information
• Suspected fraud or unauthorized transactions
• Inability to verify your information

4.4 Payment

Payment must be made at the time of purchase using an accepted payment method. You represent that you have the legal right to use any payment method provided. All payments are processed through secure third-party payment processors.

4.5 Shipping

Shipping times and costs vary based on location and shipping method selected. We are not responsible for delays caused by carriers, customs, weather, or other factors outside our control. Risk of loss passes to you upon delivery to the carrier.

5. Returns and Refunds

We want you to be satisfied with your purchase. Our general return policy includes:

• Returns accepted within 30 days of delivery for most items
• Items must be in original condition, unused, and with all original packaging
• Certain items (e.g., final sale items, custom orders) may not be eligible for return
• Return shipping costs are the responsibility of the buyer unless the item was defective or incorrectly shipped
• Refunds will be processed to the original payment method within 5-10 business days of receiving the return

For specific return policies on collectibles, vintage items, or items purchased through our affiliated properties, please refer to the applicable marketplace's return policy or contact customer support.

6. Intellectual Property

6.1 Our Content

All content on our Services, including but not limited to text, graphics, logos, images, photographs, software, and the overall design and arrangement ("Content"), is owned by or licensed to Continuum Commerce LLC and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. You may not:

• Copy, modify, or distribute our Content without permission
• Use our Content for commercial purposes without authorization
• Remove or alter any copyright, trademark, or other proprietary notices
• Use any data mining, robots, or similar data gathering methods
• Attempt to gain unauthorized access to any part of our Services

6.3 Trademarks

"Continuum Commerce," "NerdRelic," the Continuum Commerce logo, and other marks are trademarks of Continuum Commerce LLC. You may not use our trademarks without prior written permission.

7. User Conduct

You agree not to use our Services to:

• Violate any applicable law, regulation, or these Terms
• Infringe upon the rights of others
• Submit false, misleading, or fraudulent information
• Upload or transmit viruses, malware, or other harmful code
• Interfere with or disrupt the Services or servers
• Attempt to probe, scan, or test the vulnerability of our systems
• Harvest or collect information about other users
• Use automated systems to access our Services without permission
• Engage in any conduct that restricts or inhibits others' use of the Services

8. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of third-party sites. Your interactions with third-party services are solely between you and the third party.

9. 3D Store Software Services

If you use our 3D Store software platform, the following additional terms apply:

9.1 License

We grant you a limited, non-exclusive license to use the 3D Store software in accordance with your subscription plan and these Terms.

9.2 Your Content

You retain ownership of content you upload to the 3D Store platform. By uploading content, you grant us a license to use, display, and process that content as necessary to provide the Services.

9.3 Acceptable Use

You may not use the 3D Store platform to sell prohibited items, infringe intellectual property rights, or engage in fraudulent or illegal activities.

9.4 Service Level

We strive for high availability but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Any defects will be corrected
• The Services or servers are free of viruses or harmful components
• The results of using the Services will meet your requirements

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CONTINUUM COMMERCE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

In no event shall our total liability exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Continuum Commerce LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable law

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13.2 Informal Resolution

Before filing a formal dispute, you agree to contact us at support@continuumcommercellc.com and attempt to resolve the dispute informally for at least 30 days.

13.3 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

13.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Services will immediately cease
• We may delete your account and any associated data
• Provisions of these Terms that by their nature should survive termination shall survive

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Continuum Commerce LLC regarding the Services.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.

17. Contact Information

If you have any questions about these Terms, please contact us:

• Continuum Commerce LLC
• Email: support@continuumcommercellc.com
• Website: www.continuumcommercellc.com