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 does not apply to those sites and services that do not display or link to this privacy policy, or that have their own privacy policies. However, we often acquire new companies to expand our business. Some acquired companies may operate under their own privacy policies until we integrate their privacy practices with ours.

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. Each time you use our sites and services, the current version of this privacy policy will apply. If you do not agree to this privacy policy, please do not use our sites or services.

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 info@nexa-us.com, 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:

In each of the above instances, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it to us.

1. Account or Registration Information where needed to use our sites and services, and may include your name, address, email address, telephone number, birthday, user account name, and password;

2. Contact Information, which generally includes your name, addresses, email addresses, social media website user account names, and/or telephone numbers;

3. Payment Information where needed to process payments and generally includes your credit or debit card number, expiration date, and card verification number;

4. Personal Profile or Service Information, which may include areas of interest, information from social media interactions (such as Facebook, Twitter, or Google+), preferences, physical characteristics (such as height, weight), photographs and, biographical, health information and/or demographic information (such as gender);

5. Transaction Information, which may include information about how you interact with and use our sites and services, email, other communications, and applications, and how you interact with merchants, business partners, and service providers;

6. Geographic Location Information, but only if your device transmits location data and/or your IP address and you have activated a location-enabled site or service;

7. Job-Search-Related Information where needed for recruitment purposes and may include educational and employment background, driver's license number, and social security number;

8. Survey Data where needed for the functionality of certain services and generally includes survey questions and responses, and may allow you to import email addresses and names in order to send surveys or to allow us to send surveys on your behalf;

9. Medical Information, where needed for the functionality of certain services, such as to connect you with your healthcare provider, and may include your medical history, present symptoms, future conditions or treatments, insurance carrier and plan, and any other medical and health information you or your healthcare provider choose to provide to us;

10. Appointment Information, where needed to schedule an appointment or consultation through our online appointment or consultation services and may include the requested appointment information, which may be linked with health or legal information that you choose to provide to us;

11. Access to Your Data, but only if you use certain services, interactive tools, or authorize us to retrieve information from another database, user, or other third party on your behalf, such as integrating a practice management system with your services;

12. Your Submissions, which generally includes information you voluntarily provide through free form text boxes, forums, document upload, or data retrieval or import.

Other Information We Automatically Collect through Cookies and Other Technologies

We or our third-party service providers may collect and store certain technical information when you use our sites and services. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the site or service, device size and other software or hardware information. If you access our sites and services from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it and to improve your experience in using the sites or services.

In addition, we or our third-party service providers may collect information about how you use of our sites, including but not limited to, the date and time you visit the sites, the areas or pages of the sites that you visit, the amount of time you spend viewing the sites, the number of times you return to the sites, visits to sites outside our network, preferred language, and other click-stream data.

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. By visiting our sites and services, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this privacy policy and our Cookie Policy.

Do Not Track

We currently do not respond to "Do Not Track" browser signals. Accordingly, your navigation on our sites and services may be tracked as part of our efforts to gather user information described above. If you arrive at our sites and services by way of a link from a third-party site that does respond to “Do Not Track” browser signals, such “Do Not Track” browser signal recognition will end as soon as you reach our sites and services.

Our Legal Bases for Processing

We will only collect and process personal information, including sharing it with third parties, where we have a legal basis for such collection and processing. We rely on a number of legal bases, including:

1. our legitimate interests in providing and improving our sites and services;

2. our legitimate interests in keeping our sites and services safe and secure;

3. our third party service providers’ legitimate interests as described in “Other Information We Automatically Collect Through Cookies and Other Technologies” above;

4. your consent to the processing of your personal information, which you can revoke at any time;

5. where the processing of personal information is necessary for the performance of a contract to which you are a party to;

6. where the processing of your personal information is required to protect your vital interests or those of another person, such as other users of our sites and services;

7. where the processing of personal information is necessary to comply with a legal obligation such as a law, regulation, search warrant, subpoena, or court order.

How We Use Personal Information

Personal Information that You Provide to Us

We may use the personal information that you provide in one or more of the following ways:

In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.

Other Information We Automatically Collect Through Cookies and Other Technologies

We may use information collected from you through cookies and other tracking technologies in one or more of the following ways:

- to carry out our obligations arising from your purchase of, or subscription to, our services or any other contract entered into between you and us;

- to enable site features such as geographically specific pricing or logging, and retrieving and providing analysis of data;

- to send you important notices, such as communications about changes to your account, and our sites' and services' terms, conditions, or policies;

- to process payments and to send you emails, invoices, receipts, notices of delinquency, alerting you if we need different or updated payment card information or other communications in connection with processing and collecting payments;

- to verify the information you provide through our sites and services, including income and employment information, in connection with a loan request sent through our sites and services;

- to retain your loan request for the length of time determined by us or by applicable law;

- to solicit input and feedback to improve our sites and services and customize your user experience;

- to enable you to communicate with other site or service users via private messaging or other service specific communication channels;

- to contact you via email, telephone, text or chat in a manner required by law;

- to meet contractual obligations;

- to send you reminders, technical notices, updates, security alerts, support and administrative messages, and service bulletins;

- to inform you about new products or promotional offers, or other opportunities which we feel will be of interest to you, and to provide advertisements to you through our sites, email messages, text messages, applications, or other methods of communication;

- to manage our sites' and services' administration, forum management, or fulfillment;

- to provide customer service and technical support;

- to administer surveys, sweepstakes, giveaways, contests, or similar promotions or events sponsored by us or our partners;

- to prevent fraud or potentially illegal activities, enforce our sites' Terms & Conditions, or to comply with applicable law;

- for internal purposes such as auditing, data analysis, and research to improve our products, services, and communications;

- to allow you to apply for a job or sign-up for special offers from third parties through our sites and services;

- to help you contact or schedule an appointment with a healthcare provider or a legal professional listed in one of our directories and to remind you of upcoming or follow-up appointments;

- to perform services in conjunction with interactive tools, such as integrating practice management systems, making a referral, sending a prescription to a pharmacy, or sending a test to a clinical laboratory; and

- to run (or authorize third parties to run) statistical research on individual or aggregate trends.

- to remember you when you return to our sites;

- to understand and analyze trends, to monitor usage, and learn about user behavior;

- to offer you other products and services carefully selected by us;

- to gather demographic information about our user base as a whole;

- to customize ads, content, or offers on our sites and services; and

- to conduct market research and measurement in order to improve our sites, content, and services and to make our sites, content, and services more useful for users.

Sharing Personal and Non-Personal Information

We may share your personal information with third parties in the following circumstances:

We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.

Non-personal information may be shared with our partners who referred you to our site(s) and who may use the data for their market research and measurement purpose. User information may also be shared with our partners who help us deliver ads to you on websites not controlled by us; for instance, when we put a pixel on a conversion page on our site and a marketing partner uses that pixel to optimize the traffic that they send to us.

When we engage third parties to perform services on our behalf, such services include maintenance, hosting, data storage, security, analytics and data analysis, payment processing, marketing, email and text message distribution, customer service, and surveys and sweepstakes;

When you communicate with us by email, submit an online form through our sites and services, request a quote or information, request financing, purchase a product or service, or otherwise submit a request through our sites and services, the personal information you provide may be shared with third parties to process or respond to your request, provide you with the products or services you requested, or complete a transaction, including a third party broker, aggregator, or other referral service to share and/or sell your information to a lender, dealer, or other financial institution in connection with your online request.

When you schedule an appointment with a healthcare provider or legal professional, we may share your contact data, insurance data, and medical data with such healthcare provider or legal professional;

Where necessary to operate our sites and services, your personal information and the contents of all of your online communications on or through our sites and services may be accessed and monitored:

1. to satisfy any applicable laws or regulations,

2. to defend ourselves in litigation or a regulatory action,

3. in order to protect the rights or property of Nexa and our subsidiaries and corporate affiliates, including to enforce our sites' or services' Terms & Conditions.

4. when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant),

5. where we believe our sites and services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management, and

6. when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally;

In the event of a merger, acquisition, debt financing, restructure, sale of Nexa's assets by or with another company, or a similar corporate transaction, we may need to disclose and transfer all information about you, including personal information, to the successor company;

We may share information about you with Nexa's subsidiaries and affiliates and companies acquired by or merged with Nexa and its affiliates, including without limitation, to enable such acquired or merged companies to advertise to you products and services in which you may be interested.

When you register to use a service co-branded by Nexa and other companies with which we partner, we may share the personal information you provide with such companies; in this instance, both our privacy policy and the partner's privacy policy will apply.

User Generated Content, Online Communities and Forums, Profiles, Surveys, Reviews and Ratings

You may choose to publicly disclose personal information about yourself and others in the course of (i) contributing user generated content (for instance articles, blogs, surveys, reviews, ratings, or podcasts), (ii) communicating with others in our online forums, communities, or chat rooms, (iii) creating user profiles for public view, or (iv) posting images, photos, or videos. Be aware, information that you voluntarily disclose in any of these areas of our sites or services is unencrypted, public information and, therefore, there can be no expectation of privacy or confidentiality, except if the Terms & Conditions of the site or service specifically limit use of the content (for example, we may let you know how such survey and rating responses will be used and if anonymity is an option). Any personal information you submit in the course of interacting in these public activities can be read, collected, or used by other users. Prior to posting in these areas, we encourage you to read the specific site's or service's Terms & Conditions, as we are not responsible for the personal information you choose to make public in any of these areas and strongly recommend against sharing any personal health or other sensitive information that could directly or indirectly be traced to any individual, including yourself.

Accessing and Updating Personal Information

We encourage you to keep your personal information up-to-date and accurate. The methods for accessing, viewing, correcting, and deleting your personal information will depend on which sites or services you use and their features. You have several choices; for instance:

You can also manage certain aspects of information collection and use, including disabling geo-location, by going to the settings of your mobile device and reviewing the permissions of each application.

If you have questions about your options, please contact us by email. Protecting your privacy and security is important and we also take reasonable steps to verify your identity before granting access to your data.

Please be aware that certain records and information will be retained for specific purposes such as legal, payment, accounting, technical, dispute resolution, enforcement of our sites' and services' Terms & Conditions, or customer service. If you have posted comments or user generated content on our site, we may not be able to delete it. Further, we take no responsibility for removing or editing any of your public activities or any submissions or content that is a result of your public activities. We may reject requests that are unreasonably repetitive or impractical, require disproportionate technical effort, or risk the privacy of others.

To view and change the personal information that you directly provided to us, you can return to the web page on our site where you originally submitted the data and follow the instructions on that web page;

To correct or update your account information, you can log into the site or service where you are registered and navigate to your account;

To close your account, you can log into the site or service where you are registered and navigate to your account;

To change your email preferences, you can visit the email preferences page for the relevant site or follow the opt-out or unsubscribe instructions included in each email (for more information about email preferences, please see “Email and Other Communications” below); or

To access, change, or remove your protected health information, please see the “HIPAA” section below.

Storing Personal Information

We retain your personal information while your account is active or as needed to provide you services. Additionally, we may retain personal information even after your account has been closed if retention is reasonably necessary to comply with our legal or regulatory obligations, resolve disputes, prevent fraud and abuse, enforce our Terms & Conditions or any other contract entered into between you and us, or if it is not technically feasible to delete your personal information.

Email and Other Communications

Our sites and services may allow us or other users to communicate with you or other users through our in-product instant messaging services, service-branded emails, SMS, and other electronic communication channels.

Text Messaging

We may make available text messaging services in which you can receive messages from us and send messages to us on your mobile phone.

Opting Out of Requested Communications

Requested communications include, for instance, email newsletters and software updates that may be expressly requested by you or which you consented to receive. After you request such communications, you may "opt-out" of receiving them by using one of the following methods:

Opting Out of Transactional or Relationship Communications

Communications that are sent by or on behalf of a user are indicated as being from that user. Communications that are sent by us are indicated as being from us or one of our account or support specialists. Either type of communication may be "real time" communications or communications triggered automatically upon the occurrence of certain events or dates, such as appointment reminders. Email communications received from users and our administrative announcements are often transactional or relationship messages, such as appointment requests, reminders, and cancellations. You may not be able to opt-out of receiving certain email messages, although our services may provide a means to modify the frequency of receiving them.

Opting Out of General or Promotional Communications

General communications provide information about products, services, and/or support and may include special offers, new product information, or invitations to participate in market research. You may opt-out of receiving these general communications by using one of the following methods:

- selecting the email "opt-out" or "unsubscribe" link, or following the opt-out instructions included in each email communication;

- returning to the web page(s) where you originally registered your preferences and following the opt-out instructions; or

- contacting us by email; or

- selecting the email "opt-out" or "unsubscribe" link, or following the opt-out instructions included in each email communication;

Protecting Personal and Protected Health Information

To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of technical, physical, and administrative safeguards, including: Transport Layer Security (TLS), firewalls, system alerts, and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, facilities, and information collection, storage, and processing practices. We use reasonable and appropriate administrative, physical, technical, and data security procedures and controls to safeguard your personal and protected health information against unauthorized access, disclosure, loss, misuse, and alteration. Under applicable law, we are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of Protected Health Information (“PHI”), as such term is defined by the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act (collectively referred to herein as HIPAA), residing on and processed by our sites and services.

We use third-party service providers to manage credit card and payment processing. These service providers are not permitted to store, retain, or use billing Information except for the sole purpose of credit card and payment processing on our behalf. When you enter payment information to be processed by our third party service providers, we encrypt the transmission of that information using transport layer security (TLS) technology and do not store it on our systems.

It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our services. We cannot assume responsibility or liability for unauthorized access to our servers and systems. When disclosing any personal or protected health information, you should remain mindful of the fact that it is potentially accessible to the public and, consequently, can be collected and used by others without your consent. Accordingly, you should carefully consider if you want to submit sensitive information that you would not want disclosed to the public and should recognize that your use of the Internet and our sites and services is solely at your risk. You are ultimately responsible for maintaining the secrecy for all your personal information, including your protected health information. Except as provided in a Business Associate Agreement between us and a healthcare provider, we have no responsibility or liability to anyone for the security of your personal or protected health information transmitted via the Internet.

Linked Websites and Services

Our sites and services may link to other sites or services operated by our affiliates or third parties, and may carry advertisements or offer content, functionality, newsletters, contests or sweepstakes, or applications developed and maintained by third parties. We do not exercise control over third party sites or services. We are not responsible for the privacy practices of any such third parties. Once you leave our sites or services via a link, enable a third-party service, or click an advertisement, you should check the applicable privacy policy of the third-party's site or service. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization, or representation of our affiliation with that third party nor is it an endorsement of their privacy or information security policies or practices.

We may also provide social media features on our sites and services that enable you to share personal information with your social network(s) and to interact with our sites and services. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.

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 or utilize plug-ins or ad networks that collect personal information through child-directed third-party websites or online services. If we learn that we have collected personal information from a child under 18, we will take steps to promptly delete such information.

Our sites and services generally require users to be at least 18 years of age. Without limiting the generality of the foregoing, our services may allow users above the age of 18 (such as healthcare providers, parents, and guardians) to submit personal information of minors. Such users assume full responsibility over their submission, use, and transmission of such information.

International Users

We are headquartered in the United States of America. Our sites and services are hosted and administrated in the United States of America. If you are located outside the USA, be aware that information you provide to us or that we obtain as a result of your use of our sites and services may be processed in, transferred to, and stored in the USA and will be subject to American law. The privacy and data protection laws of the United States of America may be different from the laws of your country of residence.

By using our sites and services or providing us with your information, you consent to the transfer of your information to the United States and Thailand for processing and storage.

Canadian Privacy Rights

Nexa Commerce LLC recognizes the importance of privacy and the sensitivity of this personal information. We are committed to protecting the privacy of the personal information of our customers.

It is our intention to comply with all aspects of the Personal Information Protection and Electronic Documents Act (PIPEDA) as well as the Personal Health Information Protection Act (PHIPA).

California Privacy Rights

FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties. If you reside in California and you have provided us with your personal information, you may request information about our disclosures of certain categories of your personal information to third parties for direct marketing purposes. To make such a request, please email us with “California Privacy Rights” in the subject line and allow 30 days for a response. We will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

FOR RESIDENTS OF CALIFORNIA UNDER THE AGE OF 18. In accordance with Section 22581 of the California Business and Professions Code, you may request and obtain the removal of content or information you have publicly posted. To make such a request, please email us with “California Privacy Rights” in the subject line. Please specify the site(s) or service(s) to which your removal request relates, including any URLs where the content or information is posted, and the specific content or information you posted for which you are requesting removal. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

EU & UK Privacy Rights

FOR RESIDENTS OF THE UNITED KINGDOM AND EUROPEAN UNION ONLY. Under European data protection law, in certain circumstances, you have the right to:

In addition, you have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes.

You can exercise any of these rights by sending an email info@nexa-us.com with “EU Privacy Rights” in the subject line. If you believe that we have not complied with its obligations under this Privacy Policy or European law, you have the right to make a complaint to an EU or UK Data Protection Authority.

- request access to your personal information;

- request correction of your personal information;

- request erasure of your personal information;

- object to processing of your personal information;

- request restriction of processing your personal information;

- request transfer of your personal information; and

- withdraw your consent.

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)

407 Lincoln Road, Miami Beach, Fl 33139, United States

info@nexa-us.com

Please be sure to identify the specific website, product, or service about which you have a question or concern and how we can contact you.

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. If you disagree with any changes to this privacy policy and do not wish your information to be subject to the revised privacy policy, you will need to deactivate your account or terminate your services. 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.

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 FOR 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

TERMS OF SALE AND CONDITIONS OF USE

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. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.

Nexa Commerce LLC reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms of Sale; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Nexa Commerce LLC’s rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Nexa Commerce LLC may take any other actions necessary in this regard or seek any remedies permitted by law.

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. You agree to follow any and all instructions provided and related to any product purchased from the Website.

You are not permitted to view and/or order any items from the Website where such viewing or ordering is not permitted by law in your domicile, residence, or physical location.

5. THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We have made every effort to display as accurately as possible the appearance, colors, textures, or finishes of our products that appear on the Website. What you see will depend on your monitor and computer equipment and we are unable to guarantee that the product images are an accurate representation of the actual merchandise. Please refer to our Returns and Refund Policy if you are unhappy with your purchase or contact us for more information on how we can best resolve your inquiry. You may also contact us at info@nexa-us.com or by calling us at +1 (888) 820-6994.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

6. MODIFICATIONS TO THE WEBSITE AND PRICES

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to refund, return or exchange only according to our Returns and Refund Policies.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.

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.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

These Terms will apply to all fees paid by credit cards or other means regardless of whether future payments are automatically collected by credit card or by other means at a later agreed date as set out on our Website. Cancellation, dispute, and/or reversal of credit card payments does not constitute cancellation of your payment obligations under these Terms.

8. ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. Products are also subject to availability. As there is a delay between the time when your order is place and the time when the order is accepted, the stock of that particular item may change. In the event we deny your order or if any item becomes out of stock before we accept the order, we will notify you as soon as possible and you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.

9. SUBSCRIBE & SAVE PROGRAM

9.1. If you go to the Website to purchase a product, you may have the option of buying a product one time, or enrolling in our Subscribe & Save Program for certain products where available. If you purchase a subscription, it is automatically billed according to the billing interval or schedule that you chose and the payment method you provided when you purchased the subscription until you cancel the subscription. We may use an account updater to automatically update your payment information in the event it changes, in which case, your renewal will be billed to the updated account information. If you wish to submit a billing inquiry or cancel your subscription, you may do so at any time. You must cancel your subscription forty-eight (48) hours prior to your next billing date in order to not receive your next scheduled order. You may cancel your subscription by contacting Customer Support by email (info@nexa-us.com) or by telephone at +1 (888) 820-6994

9.2. Nexa Commerce LLC may offer trial subscriptions for certain products, including PrimeDiscounts. If you purchase a trial subscription, it will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees. You may cancel your membership by sending an email to info@nexa-us.com or calling +1 (888) 820-6994

9.3. PrimeDiscounts trial members may receive a 30-day free trial membership. The paying portion of your membership will begin 30 days after your trial has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. To cancel your subscription, send an email to info@nexa-us.com or call +1 (888) 820-6994. Monthly PrimeDiscounts membership subscriptions automatically renew each month at the stated retail price until the subscription buyer sends an email to info@nexa-us.com or calls +1 (888) 820-6994 notifying the company that they wish to cancel.

9.4. Charges for Nexa Commerce LLC's products, services, subscriptions, and any other charges you may incur in connection with your use of the service, such as taxes, will be charged to your Payment Method. The length of your billing cycle will depend on the type of product or subscription that you purchased. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month.

9.5. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes or changes to your subscription plan will take effect following notice to you.

10. SHIPPING

Nexa ships to addresses located in the United States and internationally. Please visit our Shipping Policy page for additional information regarding order processing, order handling, shipping times, and commercial couriers used by Nexa Commerce LLC.

Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted or wish to cancel your order after you placed it and before it has been shipped, please contact Customer Support immediately by phone (+1 (888) 820-6994) or email (info@nexa-us.com). You must contact us as soon as possible in order to attempt to modify or cancel your pending order. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.

Thos Website’s products and services are currently not available in (and the Website’s servers may not be accessed from) the following countries: Belarus, Cuba, Eritrea, Iran, North Korea, Iraq, Syria, Venezuela, Yemen, Congo, Central African Republic and in the following regions: Crimea – Region of Ukraine, Russian Industry Sector. This list may change from time to time, without notice. We retain the right to refuse shipping products to and providing services in these countries/regions, regardless of whether this list is up to date, in compliance with OFAC, EAR, & ITAR sanctions in place from time to time. In addition, this Website is not in the business of supplying products and/or services to governments or government employees.

11. DELIVERY CONFIRMATION

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature.

12. MONEY BACK GUARANTEE

12.1. 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 according to the terms found in our Refunds and Return Policy. The Money-Back guarantee is only valid on products purchased directly from https://nexa-us.com. Purchases that do not qualify for Nexa Commerce LLC’s Money-Back Guarantee are subject to our Returns and Refund Policy. Please email info@nexa-us.com to request a refund under our Money-Back Guarantee.

12.2. 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.

12.3. PrimeDiscounts monthly membership plan payments are non-refundable.

In the event that you do not experience results from your monthly membership plan, and can demonstrated that you attempted to follow your personalized plan, you are eligible for a refund. Please refer to our detailed Returns and Refund Policy for more information.

13. STANDARD RETURN & AND REFUND POLICY

Nexa Commerce LLC wants you to be beyond satisfied with your experience with us so we have made returning or exchanging products easy. If you are dissatisfied with our product, or if it arrives damaged, please refer to our detailed Returns and Refund policy.

After the shipping department receives your return, it generally takes 7-10 business days to process your refund. Once a return is processed, it may take up to 30 days for the return to be posted to your account, depending on your financial institution.

14. SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Nexa Commerce LLC, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

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, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER NEXA COMMERCE LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. 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. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER NEXA COMMERCE LLC WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

17. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND NEXA COMMERCE LLC ON AN INDIVIDUAL BASIS.

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, NEXA COMMERCE LLC’S PRIVACY POLICY OR TERMS OF SALE, NEXA COMMERCE LLC’S ADVERTISING OR MARKETING PRACTICES, OR NEXA COMMERCE LLC’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF DELAWARE TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND NEXA COMMERCE LLC AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT NEXA COMMERCE LLC’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT NEXA COMMERCE LLC HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF DELAWARE FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF NEXA COMMERCE LLC’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.

UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH NEXA COMMERCE LLC’S WEBSITE BY SENDING A LETTER TO: NEXA COMMERCE LLC US INC., ATTN. LEGAL DEPARTMENT, 300 DELAWARE AVENUE, SUITE 210, WILMINGTON, DELAWARE 19801, STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.

18. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Nexa Commerce LLC, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

19. THIRD-PARTY WEBSITES AND LINKS

Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

20.TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. Submissions represent the unique experience of the submitting customers, and do not necessarily reflect the experience that you may have using our products.

Nexa Commerce LLC reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Nexa Commerce LLC shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

21. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS

a. DMCA Notice

This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:

Notification of Claimed Infringement:

Nexa Commerce LLC

Nexa

Attn: DMCA/Copyright Agent

407 Lincoln Road, Miami Beach, Fl 33139, United States

Tel: +1 (888) 820-6994

Email: info@nexa-us.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

b. Intellectual Property Rights, License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Nexa Commerce LLC or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Nexa Commerce LLC, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you in writing by Nexa Commerce LLC, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Nexa Commerce LLC.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Sale, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

c. Copyright

The copyright in all materials provided on the Website is owned by Nexa Commerce LLC or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Nexa Commerce LLC. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Nexa Commerce LLC may revoke any of the foregoing rights at any time. You may not, without Nexa Commerce LLC’s prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

d. Trademarks

The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of Nexa Commerce LLC. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Nexa Commerce LLC or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Nexa Commerce LLC. Nexa Commerce LLC prohibits the use of any Nexa Commerce LLC logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by Nexa Commerce LLC in writing.

22. ELECTRONIC COMMUNICATIONS

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

23. ASSIGNMENT

You may not assign any of your rights under these Terms, and any such attempt will be null and void. Nexa Commerce LLC and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Nexa Commerce LLC’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

24. NO WAIVER

No waiver by Nexa Commerce LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Nexa Commerce LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

25. SEVERABILITY

In the event that any provision of these Terms 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 to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

26. TERMINATION

In the event that we terminate this Agreement, Sections 2-5, 12-28, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

27. SMS PERMISSIONS

By submitting your phone number on this website, you agree to our Messaging Terms and Messaging Privacy Policy

Message frequency varies per user.

Message and data rates may apply.

Text HELP for help. Text STOP to unsubscribe.

Carriers are not liable for delayed or undelivered messages.

28. ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Nexa Commerce LLC, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

29. QUESTIONS OR ADDITIONAL INFORMATION

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

United States Offices

Nexa Commerce LLC

407 Lincoln Road, Miami Beach, Fl 33139, United States

Tel: +1 (888) 820-6994

Email: info@nexa-us.com

Do not send product returns to this address. Contact our support team for our product return address.