Terms & Conditions.

Date Last Modified: January 11, 2025.

OVERVIEW

Welcome to our website www.Nexsse.com (the “website”). These Conditions of use govern access to and use of www.Nexsse.com. The access to and use of this website as well as the purchase of products and or subscriptions on www.Nexsse.com are based on the assumption that you have read, understood and accepted these conditions of use. The website including all information, tools and services available from this site to you, the user, are conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The terms such as “Nexsse”, “we” or “us” refers to the website www.Nexsse.com.

By visiting the website and/or purchasing something from us, you engage in our “Service” and agree to be bound to the following terms and conditions (“Terms Of Service”, “Terms”, “Conditions”, “Conditions Of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms Of Service carefully before accessing or using our website. If you do not agree to all the Terms and conditions of this agreement, then you may not access the website or use any services. If these Terms Of Service are considered an offer, acceptance is expressly limited to these Terms Of Service.

Any new features, products or tools which are added to the website shall also be subject to the Terms Of Service. You can review the most current version of the Terms Of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms Of Service 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 acceptance of those changes.

Our store is hosted on Squarespace.com, They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By purchasing a product, subscribing for any aspect of the Service, or otherwise accessing, visiting or using the Service, you consent and agree to be bound by the Terms of this user agreement. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 1 - TERMS OF SERVICE

  1. Restrictions: The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, resell, upload, use, copy, rent, lease, lend, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Nexsse, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other (including images, text, page layout or form) of Nexsse, or use Nexsse in any way that might confuse, misdirect, or misrepresent its source, or sponsorship or affiliation thereof or therewith; (c) you shall not use any metatags or other “hidden text” using Nexsse’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Nexsse except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to access, monitory, copy or use Nexsse, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods or services, or “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Nexsse in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Nexsse may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not take any action that imposes any unreasonable or disproportionately large load on Nexsse; (i) you shall not take any action in connection with your use of Nexsse which violates any applicable local, provincial, national or international law, rule, regulation or order of any court in conjunction with your use thereof; (j) you shall not otherwise use Nexsse for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to Nexsse or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”); and (k) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Nexsse. Any future release, update or other addition to Nexsse shall be subject to the Terms. Nexsse, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Nexsse terminates the licenses granted by Nexsse pursuant to the Terms. In addition, you may not use the Service to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or to solicit others to perform or participate in any unlawful acts.

  2. Third-party materials:  While using the service, you may have access to materials that are hosted by another party.  You agree that it is impossible for Nexsse to monitor such materials and that you access these materials at your own risk.

SECTION 2 - RESPONSIBILITY FOR CONTENT

  1. Types of Content:  You acknowledge that all files, materials, data, text, audio, video, images or other content, including Nexsse’s (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Nexsse, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise Make Available through Nexsse (“Your Content”), and that you and other users of the service, and not Nexsse, are similarly responsible for all Content they Make Available through Nexsse (“User Content”).

  2. No obligation to pre-screen content: You acknowledge that Nexsse has no obligation to pre-screen Content (including, but not limited to, User Content), although Nexsse reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Nexsse pre-screens, refuses or removes any Content, you acknowledge that Nexsse will do so for Nexsse’s benefit, not yours. Without limiting the foregoing, Nexsse shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

  3. Sensitive information disclaimer: The service may include general content and products relating to a range of topics, including medical, health, legal, tax, or financial issues. You should not rely on the service for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of content or products before making any decisions based on such content or products. No professional health, legal, tax or financial advice. The products and content available on or through this service are in no way intended to and shall not be construed to: (a) constitute professional medical, health, legal, tax, or financial advice; (b) recommend, endorse, or advise regarding any financial instrument or investment strategy; or (c) diagnose, cure, or treat any medical, health or other condition. Always seek the advice of a qualified professional. In addition to all other limitations and disclaimers in the agreement, we and third party providers disclaim any liability or loss in connection with the products or the content obtained on or through this service.

SECTION 3 - OWNERSHIP

  1. Feedback:  You agree that submission of any ideas, suggestions, documents, and/or proposals to Nexsse through its suggestion, feedback, forum or similar pages (“Feedback”) is at your own risk and that Nexsse has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Nexsse a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Nexsse. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any comments posted or presented by you or any third-party.

  2. Copyright complaints: We respect the intellectual property of others, and we ask our users, contributors and those who collaborate with us to do the same. In appropriate circumstances, and at our discretion, we may, restrict the account or ability to access, visit, and/or use the service of users who infringe the copyright rights of others. We may choose to remove, delete, erase, end contract with or disable access to content deemed to be infringing.

    If you have reason to believe that your content has been copied and/or is accessible on the service in a way that constitutes copyright infringement, or that the service contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may contact us at info@nexsse.com

SECTION 4 - THIRD PARTY SERVICES

Third-party services: Nexsse may contain affiliate links and other links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”).  When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Nexsse and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Nexsse. Nexsse is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Nexsse provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. For more information about how we use affiliate links, please review our Affiliate Disclosure, here.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 5 - ONLINE STORE TERMS

By agreeing to these terms of service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the terms will result in an immediate termination of your right to use the services.

  1. Products: Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your device or computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services by person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product/service at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. 

  2. Payment: Prices for products and services sold on our website are subject to change without notice. We reserve the right at any time to modify or discontinue the service (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, price change, suspension or discontinuance of the service.

  3. Payment information: You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, payment information and expiration dates, so that we can complete your transactions and contact you as needed.

  4. Cancellations: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit certain orders.

  5. Refund Policy: ALL SALES ARE FINAL. Nexsse does not accept returns, exchanges or refunds. Please note Nexsse, reserves the right to refuse all returns.

We reserve the right, but undertake no duty, in our sole discretion, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or content available on or through, or downloadable from, the Service. This includes any updates and upgrades to content, automatic or otherwise.

TEMPLATE POLICY & LICENSING

By purchasing a service or prebuilt template from us, you are legally bound to the following terms:

Our “Squarespace Templates” (“Squarespace Website Templates”) are custom-designed layouts built on the Squarespace platform.

Each Website Template purchase is valid for a single project or website only (e.g., 1 Squarespace Template purchase = 1 Website). If you wish to build multiple websites using the same template, you must purchase an additional license for each website.

When you purchase a Squarespace Template from us, you will receive a link to accept the template as a new website, this template will not be added to an existing website.

Once the template is added to your account, it becomes your responsibility. You will need to add your own content and edit the site. We cannot reverse any accidental changes made to the template.

If you are using the template to create a design for a client, you are prohibited from claiming or promoting these designs as your own.

You may not resell the design or claim the design as your own. 

You may not share the template, graphics, files or any design elements provided in your purchase with anyone else.

Any photography included with the template is for demonstration purposes only and is copyrighted by its original creator. You are responsible for replacing these images with your own or sourced images. We are not liable for any image licensing or copyright issues that may arise from your unauthorized use of the provided images.

The design is copyrighted by Nexsse, and Nexsse holds the rights to all designs and files included in your purchase, with the exception of any photography and pre-made graphics sourced from Canva.

Your completed website design may be used in our template showcase, sales pages or on our social media for demonstration and promotion purposes.

Purchasers are not required to retain the footer credit line "Nexsse" that is included in the "Squarespace Template”.

Purchasers are responsible for selecting, paying for, and maintaining any necessary web hosting services with Squarespace. This includes, but is not limited to, domain registrations and Squarespace plans, as well as any other web hosting-related tasks.

The Purchaser is solely responsible for the security of the Purchaser's website. While Nexsse will implement standard best practices for site security, Nexsse does not guarantee that the Client's site will be free from security breaches. The Client agrees that Nexsse is not liable for any damages resulting from or related to security breaches on the Client’s site.

Website platforms, such as Squarespace, frequently update or modify their features and interfaces. Nexsse will ensure that the designs align with the platform's technical requirements at the time of purchase and for 30 days afterward. However, the Client is not entitled to free modifications, refunds, or any other services related to changes made to the website platform after the purchase date.

SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

  1. Accuracy: 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.

  2. Errors: Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, 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 in the service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service, should be taken to indicate that all information in the service has been modified or updated.

SECTION 7 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless www.Nexsse.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and contributors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 8 - DISCLAIMER OF WARRANTIES AND CONDITIONS; LIMITATION OF LIABILITY

As is: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF NEXSSE IS AT YOUR SOLE RISK, AND NEXSSE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEXSSE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, PURCHASES FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.

  1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, purchases for a particular purpose, durability, title, and warranty of non-infringement.

  2. In no case shall www.Nexsse.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service. Because some provinces, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by the law.

  3. We may provide you with access to third-party tools which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.

No liability for Content:  The Service contains opinions and views of Nexsse and its Users. Nexsse does not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any Content posted by Nexsse or any of its Users that are made available through the Service.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Statement.

SECTION 10 - SEVERABILITY 

In the event that any provision of these Terms Of Service 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 Of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions in these Terms Of Service.

SECTION 11 - TERMINATION 

These Terms Of Service are effective unless and until terminated by either you or us. You may terminate these Terms Of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any Term or provision of these Terms Of Service, we also may terminate this agreement at any time and deny you access to the Service, or any part thereof, without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 12 - ENTIRE AGREEMENT 

These Terms Of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms Of Service). Any ambiguities in the interpretation of these Terms Of Service shall not be construed against the drafting party.

SECTION 13 - WAIVER 

The failure of us to exercise or enforce any right or provision of these Terms Of Service shall not constitute a waiver of such right or provision.

SECTION 14 - GOVERNING LAW 

These Terms Of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with Canadian laws.

SECTION 15 - EXCLUSIVE VENUE 

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Nexsse agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the province or federal courts located in Ontario, Canada.

SECTION 16 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms Of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms Of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms Of Service constitutes acceptance of those changes.

SECTION 17 - CONTACT INFORMATION 

Questions about the Terms Of Service should be sent to us via email: info@nexsse.com