AGREEMENT TO TERMS
These Terms of Use establish a legally binding agreement between you and nexagent–asstusa.com concerning your use of the Site. If you do not agree to all of these Terms of Use, your permission to use the Site is revoked and you must discontinue your use.
Occasionally, we may make alterations to these Terms of Use. We will alert you to any modifications by updating the “Last Updated“ date on the terms. Your use of the Website after any such changes are made will constitute your agreement to the revised Terms of Use. To stay up–to–date on any modifications, you should review the sources of these Terms of Use periodically. Any supplemental rules and regulations or documents posted to the Website occasionally will be considered part of these Terms of Use.
If a person accesses the Site from a location in a jurisdiction or country where the distribution or use would be illegal or require registration, they do so voluntarily and are responsible for complying with all applicable local laws. Individuals in these areas should not use or access the Site.
The Site does not offer compliance with industry–specific laws such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your use of the Site is subject to these regulations, you are not permitted to use the Site. Furthermore, you must not use the Site in a way that violates the Gramm–Leach–Bliley Act (GLBA).
Users who are 18 or older are the only ones allowed to use or register for the Site. Anyone younger than 18 is prohibited.
INTELLECTUAL PROPERTY RIGHTS
The Site and all Content and Marks related to it are our exclusive property, as well as those protected by copyright laws, trademarks, intellectual property rights, and other unfair competition laws in the United States and other countries. The Content and Marks provided on the Site are available only for personal information and use. Without our explicit prior written consent, no part of the Site, Content, or Marks may be copied, reproduced, distributed, or used for any commercial purpose.
If you are eligible to use the Site, this limited license gives you permission to access and use the Site, download or print portions of the Content, and use it for your own personal, non–commercial purposes. We hold onto all rights not granted to you regarding the Site, Content, and Marks.
USER REPRESENTATIONS
You guarantee and state that: (1) all registration information you submit is true, accurate, up–to–date, and complete; (2) you will keep the information accurate and current and update the registration information as necessary; (3) you are legally able to accept these Terms of Use; (4) you are not younger than the legal age in your jurisdiction; (5) you won‘t access the Site using automated or non–human–operated equipment, like bots or scripts; (6) you will not use the Site for any unlawful or improper purpose; and (7) your usage of the Site will not break any applicable laws or regulations.
We reserve the right to suspend or terminate your account and deny you current and/or future use of the Site if you give any incorrect, outdated, or incomplete information.
USER REGISTRATION
You must register for the Website and then keep your password secure. You are responsible for any activities that occur under your account. We have the authority to change, reclaim, or remove any username that is inappropriate, obscene, or offensive in our opinion.
PRODUCTS
The availability of products is subject to change. We reserve the right to cease offering any product at any time without notice. Prices of all products may be adjusted at any point.
PURCHASES AND PAYMENT
You agree to provide us with up–to–date, precise, and complete purchase and account information regarding all orders placed through the Site. Additionally, you agree to update your payment details (method and card expiration date) in a timely manner for us to complete your transactions and contact you when necessary. Applicable taxes will be added to the cost of items where required. Prices are subject to change at any time. All payments have to be made in United States dollars.
You accept to pay all fees according to the prices currently in effect for your orders and any related shipping fees at the time of your order, and you allow us to debit your chosen payment provider for any such sums when you place your order. We reserve the right to modify any errors or miscalculations in prices, even if we have already requested or received your payment.
We hold the right to refuse any order placed on this website. Additionally, we may limit or deny orders if they come from the same customer, have the same payment method or billing/shipping address. Furthermore, we have the freedom to prohibit orders that, in our own opinion, appear to be made by dealers, resellers, or distributors.
REFUNDS POLICY
If we feel it is appropriate to give a refund, it will be less a $15 processing fee to cover the cost of processing it. This refund does not mean we think the services provided were inadequate, and we reserve the right to take any necessary legal action to collect unpaid amounts from you. If you attempt to open a bank dispute, we may issue a refund to avoid extra damage, but will still refer your account to a collections agency and you will have to pay a 35% fee and a $50 collection referral fee.
PROHIBITED ACTIVITIES
You may only use the Site for the purpose it is made available for, and may not use it for any commercial purposes unless expressly endorsed by us.
You agree not to use the Site to:
USER GENERATED CONTRIBUTIONS
Users are prohibited from submitting or posting any content on this Site. We may, however, give users the opportunity to create, submit, post, show, transmit, perform, publish, distribute, or broadcast materials and content to us or on the Site, such as text, writings, video, audio, photos, graphics, comments, ideas, or personal information or other material, which could be viewed by other users of the Site and through third–party websites. If you opt to create or make these Contributions available, you must guarantee that they follow our Site Privacy Policy. Additionally, you will need to certify when creating or making these contributions that:
If you don‘t follow the rules of the Site, your access to it will be terminated or suspended.
CONTRIBUTION LICENSE
You and Site acknowledge that any data and information provided by you may be accessed, retained, processed, and used as per the stipulations of the Privacy Policy and the choices you have indicated (together with settings).
If you give us any ideas or feedback about our Site, you agree that we can use it without having to pay you anything.
You maintain all ownership of your Contributions and any related intellectual property or other proprietary rights. We are not held responsible for any declarations or representations that you make in your Contributions on the Site. You are solely liable for your Contributions and you agree to release us from any potential legal claims stemming from your Contributions.
SUBMISSIONS
You accept that any questions, comments, suggestions, ideas, feedback, or other information you share with us regarding the Site (“Submissions“) become our property. We have exclusive rights to these Submissions, including all intellectual property rights. We are free to use them for any purpose—for profit or not—without compensation or recognition. You give up all rights to these Submissions, and guarantee that they are your original work or that you have the right to share them. We are not accountable for any violations of your submitted ideas.
SITE MANAGEMENT
We hold the right to oversee the Site for any breaking of these Terms of Use, take appropriate legal action against anyone, reject or restrict access to any Contributions or components, remove or disable content that is large or puts a strain on our systems, and manage or take measures to protect the Site and us.
PRIVACY POLICY
By using this Site, you agree to our Privacy Policy and acknowledge that your data will be transferred and processed in the United States. We take data privacy and security seriously and urge you to review our policy for further details.
TERM AND TERMINATION
These Terms of Use will remain valid for as long as you are utilizing the Site. We may, without providing notice or incurring liability, decline access and usage of the Site to any person (including blocking particular IP addresses) for any reason, or for no reason, as seen fit by us. This may include, but is not limited to, disregarding any warranties, responsibilities, or stills included in these Terms of Use or any applicable laws or regulations. We can cease your usage or involvement with the Site, or delete your account and any content or information you have posted, immediately and without prior warning if we deem it fit.
If your account is cancelled or suspended for any reason, you are not allowed to make a new account with either your own name, a false name, or the name of someone else, even if you are representing them. We may pursue additional legal action against you besides terminating or suspending your account, such as civil, criminal and/or injunctive actions.
MODIFICATIONS AND INTERRUPTIONS
We are able to modify or remove any material within the Site at any time without warning. Additionally, we are under no obligation to update information on our Site. No one will be held liable for any alteration, change in cost, suspension, or termination of our Site.
We cannot guarantee that there will not be any disruptions, delays, or errors due to hardware, software, or other technical issues, and we do not accept responsibility for any such occurrences. We may change, suspend, or end the Site at any given time, without prior warning, and we are under no obligation to provide updates, upgrades, or clarifications.
GOVERNING LAW
The laws of Missouri will override any other laws relating to These Terms of Use and your use of the Site, and any agreement that is created or performed within the State of Missouri.
DISPUTE RESOLUTION
Binding Arbitration
If a Dispute cannot be resolved informally, it must be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You accept that without this provision, you would have the right to settle any dispute in court with a jury trial. The arbitration process, along with the associated fees and arbitrator costs, will be outlined in the AAA Consumer Rules found on their website. The arbitration can be conducted in person, over the phone, online, or through the submission of documents. The arbitrator‘s decision will be provided in writing, although they may optionally provide a statement of reasons at the request of either party. The arbitrator must follow the relevant law when making their decision. The ability to challenge the arbitrator‘s decision is present if the applicable law is not followed. Additionally, either party may take appropriate legal action to compel arbitration, stay proceedings, or confirm, vacate, or enter judgement on the arbitrator‘s award.
These Terms of Use do not include the application of the United Nations Convention on Contracts for the International Sale of Goods or UCITA (the Uniform Computer Information Transaction Act).
If this clause is discovered to be illegal or invalid, then neither side will choose to mediate any issue associated with that part which was found to be illegal or invalid and said issue will be decided in a court of applicable jurisdiction listed above, and both parties consent to the authority of that court.
Restriction
If arbitration is used to resolve any Dispute between the Parties, such arbitration shall be conducted solely on an individual basis and not in a collective or representative manner. Not withstanding any other provision of these Terms, the Parties agree that no arbitration shall be joined with any other proceeding, and that no Dispute shall be arbitrated on a class–action basis or through the use of class action procedures.
Exceptions to Arbitration
The Parties agree that Disputes involving enforcement or protection of intellectual property rights, allegations of theft, piracy, invasion of privacy, or unauthorized use, or claims for injunctive relief will not be subject to binding arbitration. However, if this provision is found to be illegal or unenforceable, then the Parties agree to settle such Disputes in a court of competent jurisdiction within the courts listed for jurisdiction above and to submit to the personal jurisdiction of that court.
The parties hereby unequivocally and irrevocably agree to waive their right to a jury trial, to the extent allowed by law, concerning any claims, demands, actions, or causes of action that arise from or relate to this agreement, either in the present or in the future, whether based in contract, tort, or otherwise. The parties agree and consent that any such claims, demands, actions, or causes of action shall be settled by the court without a jury, and that any party may submit this original agreement or a copy of it to the court as written proof that the parties have consented to forgo their right to trial by jury.
CORRECTIONS
We may have information on the Site with typos, inaccuracies, or oversights that apply to the services provided, such as descriptions, costs, availability, and more. We have the right to correct any mistakes, inaccuracies, or omissions and to change or update the data on the Site at any point, without giving any prior notice.
DISCLAIMER
We make no guarantees about the accuracy, completeness, reliability, or safety of the Site and its content. We accept no liability for any errors, omissions, personal injury, property damage, or other losses resulting from your access to and use of the Site. We are also not responsible for any unauthorized access to or use of our secure servers, personal information, or financial information. Additionally, we do not guarantee the safety of third–party websites or mobile applications linked to or advertised on the Site, and we are not responsible for any transaction between you and third–party providers. Exercise caution when using the Site or any third–party websites or applications.
LIMITATIONS OF LIABILITY
We and our directors, employees, and agents shall not be accountable for any harm caused to you or a third party as a result of your usage of the Site, such as loss of profits, revenue, data, or other losses. The most any of us can be obligated to you is the amount you paid us. Some international and national laws may not enable us to avoid warranties or eliminate some or all possible harm. Thus, depending on the case, certain of the disclaimers or limits of our liability may not apply to you, in which case you may have additional rights.
INDEMNIFICATION
You are responsible for protecting us, including any subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any liabilities, damages, expenses, or losses, including reasonable legal fees, that arise from or result from your use of the Site, any violation of these Terms of Use, a breach of another person‘s rights, or a prohibited or damaging act against another user. We may, at your expense, take on the exclusive defense of such claims and you must cooperate with us in doing so. We will attempt to give you notice if any such situation arises that requires you to indemnify us.
USER DATA
We will store the data you send us to ensure that the Site runs smoothly, as well as any data that tracks your use of the Site. Nonetheless, we cannot guarantee backup of all data, making you solely responsible for any data you share or activities you do while using the Site. Therefore, you acknowledge that we are not liable for any loss or damage to such data, and you forgo your right to take legal action against us because of any potential data loss or corruption.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You consent to receiving electronic communication, accept utilizing electronic signatures, and waive any requirements that require that the communication or transactions between us be in writing or conducted using non–electronic records.
CALIFORNIA USERS AND RESIDENTS
If you are unhappy with the outcome of your issue with us, you may reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. They can be reached by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by phone at (800) 952–5210 or (916) 445–1254.
MISCELLANEOUS
In summary, these Terms of Use and any policies set forth constitute the entire agreement between you and us. We may assign any of our rights and obligations to others at any time, and are not responsible for loss, damage, failure to act caused by something beyond our reasonable control. Any part of the provision which is deemed unlawful, void, or unenforceable is severable and does not affect the rest. These Terms of Use are not intended to create a joint venture, partnership, employment, or agency relationship between you and us. You agree to waive any defenses based on the electronic form of the document and lack of physical signatures.
CONTACT US
If you have a grievance with the Site or require more info about how it functions, please press the “contact us“ link on this page to get in touch with us.