Welcome to Nextsale, a website provided by Exelient, Inc. This page explains the terms
by which you may use our online services. Please read these Terms of Service carefully
before using Nextsale (the "Service").By accessing or using the Service, or by clicking
a button or checking a box marked “I Agree”, you signify that you have read, understood,
and agree to be bound by these Terms and Conditions and to the collection and use of
your information, whether or not you area registered user of the Service. These Terms
apply to all visitors, users, and others who access the Service (“Users”). If you
disagree with any part of the terms then you may not access the Service.
1. Use License
Permission is granted to temporarily download one copy of the materials (information
or software) on Nextsale’s website for personal, non-commercial transitory viewing
only. This is the grant of a license, not a transfer of title, and under this
license you may not:
Modify or copy the materials;
Use the materials for any commercial purpose, or for any public display
(commercial or non-commercial);
Attempt to decompile or reverse engineer any software contained on
Remove any copyright or other proprietary notations from the materials;
Transfer the materials to another person or “mirror” the materials on any
This license shall automatically terminate if you violate any of these
restrictions and may be terminated by Nextsale at any time. Upon terminating
your viewing of these materials or upon the termination of this license, you
must destroy any downloaded materials in your possession whether in
electronic or printed format.
In order to use the Service, you will have to register and
create an Account with us and provide one or more names, email addresses, login
usernames and passwords (together,“ID”). When you create an account with us, you
must provide us information that is accurate, complete, and current at all times.
You are responsible for safeguarding the password that you use to access the Service
and for any activities or actions under your password, whether your password is with
our Service or a third-party service. You are responsible for any and all activity
that occurs on your Account. You must notify us immediately upon becoming aware of
any breach of security or unauthorized use of your account. Failure to do so
constitutes a breach of the Terms, which may result in immediate termination of your
account on our Service.
We care about the privacy of our Users. Our collection and use of your information
. You understand
that through your use of the Services, you consent to the collection, use and
disclosure of this information, including the transfer of this information to United
States for storage, processing and use by us.
We may terminate or suspend access to our Service immediately,
without prior notice or liability, for any reason whatsoever, including without
limitation if you breach the Terms. Upon termination, your right to use the Service
will immediately cease. If you wish to terminate your account, you may simply
discontinue using the Service.
5. Governing Law
These terms and conditions are governed by and construed in
accordance with the laws of Newark, Delaware and you irrevocably submit to the
exclusive jurisdiction ofthe courts in that State or location. Our failure to
enforce any right or provision of these Terms will not be considered a waiver of
those rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in effect. These
Terms constitute the entire agreement between us regarding our Service, and
supersede and replace any prior agreementswe might have between us regarding the
We will indemnify, defend and hold harmless Client from and
against all liabilities, damages and costs (including settlement costs and
reasonable attorneys’ fees) arising out of any claim by a third party against the
Client to the extent based on an allegation that the Company’s technology used to
provide the Services to the Client infringes or misappropriates any copyright, trade
secret, patent or trademark right of a third party that is issued or registered in
the United States. The Company shall not be required to indemnify Client in the
event of: (a) modification of the Services by Client, its employees, or contractors
in conflict with Client’s obligations or as a result of any prohibited activity as
set forth herein; (b) use of the Services in a manner inconsistent with the
Documentation; (c) use of the Services in combination with any other application,
product, or service not provided by the Company if such claim would not have
occurred without such combination; or (d) use of the Services in a manner not
otherwise contemplated by these Terms.
7. Disclaimer of Warranty
The materials on Nextsale’s website are provided on an ‘as is’ basis, exclusive
of any warranty whatsoever. Nextsale makes no warranties, expressed or implied,
and hereby disclaims and negates all other warranties including, without
limitation, implied warranties or conditions of merchantability, fitness for a
particular purpose, or non-infringement of intellectual property or other
violation of rights.
Further, Nextsale does not warrant or make any representations
accuracy, likely results, or reliability of the use of the materials on its
website or otherwise relating to such materials or on any sites linked to this
We will charge you fees for your use of the Service. You agree
to pay any and all Fees specified in an ordering document or online order for your
access and use of the Service. For the most current information about our pricing
and payment, pleasereview ourPricing Terms. Nextsale may add new services for
additional fees and charges, and add or amend fees and charges for existing
services, at any time in its sole discretion. If we add or amend our Fees, we will
update our Pricing Terms. Any change to our Pricing Terms shall become effective in
the billing cycle, however, if we have offered a specific duration and Fees for your
use of the Service, we agree that the Fees will remain in force for that duration.
We offer several subscription plans with differing conditions and limitations.
Your Nextsale subscription continues on a monthly or yearly basis depending on
the plan right until we terminate it or you reject the plan. In order to use
Nextsale services you are required to provide us with current and valid method
of payment. Payments for Shopify stores are being handle directly with Shopify
via Shopify Billing API.
It is important to note that you have to cancel the subscription
before it renews
each billing cycle to avoid being billed for the next billing cycle.
You can cancel your subscription at any time. Term by contacting us at firstname.lastname@example.org
. You may cancel your User Account or the
services at your sole discretion; however, the Service grants refunds for
cancellation at its sole discretionand you acknowledge and agree that you may not be
refunded any Fees for your cancellation of your User Account and the services. In
the event that Nextsale suspends or terminates your User Account or this Agreement
for your breach of this Agreement, you understand and agree that you shall receive
no refund or exchangefor any unused time on a subscription, any license or
subscription fees for any portion of the Service, any content or data associated
with your User Account, or foranything else.
We are entitled to modify or update the Services from time to
time in order to adaptit technically, to change menu guidance or layouts or to
expand or limit functionality.
12. Contact Us
If you have any questions about these Terms, please contact us
Effective: May 25,