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Terms of Service

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE AND CONDITIONS OF USE BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 15 AND 16). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://nexa-us.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the "Website"), which are owned and maintained by Nexa Commerce LLC ("Nexa Commerce LLC", "Nexa", "we," "our," "us"), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

These Terms of Sale and Conditions of Use shall be governed by the laws of Delaware.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page (https://nexa-us.com/pages/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

1. WEBSITE USE
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
5. THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
6. MODIFICATIONS TO THE WEBSITE AND PRICES
7. PAYMENT
8. ORDER PLACEMENT AND ACCEPTANCE
9. SUBSCRIBE & SAVE PROGRAM
10. SHIPPING
11. DELIVERY CONFIRMATION
12. MONEY BACK GUARANTEE
13. STANDARD RETURNS AND REFUNDS POLICY; LIFETIME WARRANTY
14. SOCIAL MEDIA
15. DISCLAIMER OF WARRANTIES
16. DISCLAIMER OF LIABILITIES
17. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
18. INDEMNIFICATION
19. THIRD-PARTY WEBSITES AND LINKS
20. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
21. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
22. ELECTRONIC COMMUNICATIONS
23. ASSIGNMENT
24. NO WAIVER
25. SEVERABILITY
26. TERMINATION
27. SMS PERMISSIONS
28. ENTIRE AGREEMENT
29. QUESTIONS OR ADDITIONAL INFORMATION

1. WEBSITE USE

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

2. PRIVACY & SECURITY DISCLOSURE

Our privacy policy may be viewed at https://nexa-us.com/policies/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. Nexa Commerce LLC reserves the right to terminate your access to the Website or any of its services if it determines that you do not comply with these Terms of Sale.

4. PRODUCTS SOLD FOR PERSONAL USE ONLY

You further agree that any products or services you purchase from Nexa Commerce LLC on or through the Website will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website.

7. PAYMENT

All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

12. MONEY BACK GUARANTEE

Nexa Commerce LLC offers a Money-Back Guarantee on certain purchases within ninety (90) days for one-time purchases from the date that you placed your order for a full refund. Nexa Commerce LLC will refund the entire purchase price for all approved refunds. Refunds will be issued to the same credit card or method of payment that was used to order the product.

15. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.

16. DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL NEXA COMMERCE LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, NEXA COMMERCE LLC IS FOUND LIABLE UNDER ANY THEORY, NEXA COMMERCE LLC'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.

29. QUESTIONS OR ADDITIONAL INFORMATION

If you purchased a product or service through the Website, please contact Customer Support by phone or email.

Nexa Commerce LLC
701 Tillery Street Unit 12 2734,
Austin, TX 78702
Tel: +1 (888) 820-6994
Email: [email protected]

Privacy Policy

Nexa Commerce LLC dba Nexa-us.com and its affiliates (collectively, "Nexa," "our," "us," or "we") operate websites, and provides products and services through mobile and other applications. We refer to these as "site(s)," "service(s)," or "our sites and services." This privacy policy applies to our sites and services on which we display or post a direct link to this privacy policy.

This privacy policy applies to all users of our sites and services and covers what information we collect and why we collect it, how we use the information we collect, and the choices you have to access and update that information. Please familiarize yourself with our practices and let us know if you have any questions. By using our sites and services, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this privacy policy.

Data Controller and Contracting Parties

For the purposes of the General Data Protection Regulation 2016/679 (the "GDPR"), the Data Controller is Nexa Commerce LLC registered in the State of Florida, United States of America. You can contact our Data Protection Officer by sending an email to [email protected], or by calling +1 (888) 820-6994.

Personal Information that You Provide to Us

Personal information is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. When you interact with our sites and services, depending on the site or service, we may collect the following personal information directly from you:

1. Account or Registration Information
2. Contact Information
3. Payment Information
4. Personal Profile or Service Information
5. Transaction Information
6. Geographic Location Information
7. Job-Search-Related Information
8. Survey Data
9. Medical Information
10. Appointment Information
11. Access to Your Data
12. Your Submissions

Cookies

We or our third-party service providers may use cookies and other tracking technologies (including browser cookies, pixels, beacons, mobile application identifiers, and Adobe Flash technology) to help us recognize you across different sites and services, improve your experience, increase security, measure use and effectiveness of our services, and serve advertising. You can control cookies through your browser settings and other tools.

How We Use Personal Information

We may use the personal information that you provide in one or more of the following ways: to carry out our obligations arising from your purchase of, or subscription to, our services; to send you important notices; to process payments; to solicit input and feedback; to enable communication; to contact you; to meet contractual obligations; to send reminders; to inform you about new products or promotional offers; to manage administration; to provide customer service; to administer surveys; to prevent fraud; for internal purposes such as auditing and research.

Children's and Minor's Privacy

Children under the age of 18 are not permitted to use our sites and services. We do not knowingly collect personal information from children under the age of 18. If we learn that we have collected personal information from a child under 18, we will take steps to promptly delete such information.

Contacting Us

If you have any questions or concerns about this privacy policy or our practices you can contact us by email or write to us at:

Nexa Commerce LLC (attn: Privacy Officer)
701 Tillery Street Unit 12 2734
Austin, TX 78702
United States
[email protected]

Changes to This Privacy Policy

We may revise this privacy policy from time to time; because our privacy policy can change at any time, we encourage you to reread it periodically to see if there have been any changes that affect you. Your use of our sites and services following any such change constitutes your agreement that all information collected from or about you through our sites and services after the revised privacy policy is posted will be subject to the terms of the revised privacy policy.