NEXXHAUS TERMS AND CONDITIONS


Last Modified: June 17, 2025


Acceptance of the Terms of Use

Welcome to www.NexxHaus.io (the “Site”), an online website owned and operated by NexxHaus, Inc., a North Carolina corporation (“Company,” “NexxHaus,” “we,” or “us”). This Site enables visitors (“Users” or “you”) who are at least eighteen (18) years of age to access general information and documents and communicate with other users. These Terms and Conditions (“Terms”) are entered into by and between you and NexxHaus and set forth the terms of use which govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site, whether as a guest or a registered user.

Please read these Terms carefully before accessing the Site. By accessing the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy (“Privacy Policy”), found at www.nexxhaus.io/privacy-policy, which incorporated herein by reference and forms a part of these Terms. If you do not wish to be bound by these Terms and the Privacy Policy, you are not authorized to use this Site and must cease using the Site immediately.

This Site is offered and available to users who are eighteen (18) years of age or older, reside in the United States, and are licensed real estate agents or clients or vendors of a real estate agent user. By using this Site, you represent and warrant that you are of legal age to form a binding contract with NexxHaus, are not prohibited from accessing or using this Site or any of this Site’s contents, goods or services by applicable law or by NexxHaus, and meet all of the foregoing eligibility requirements. If you do not meet the foregoing eligibility requirements, you must not access or use the Site.

THESE TERMS CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Any feedback, comments, or requests for technical support should be directed to: hello@nexxhaus.io.


Refunds and Cancellations
  1. No Refunds for Subscriptions

    2. NexxHaus, Inc. generally does not offer refunds or cancellations for any subscription fees. By subscribing to our services, you acknowledge and agree that all payments are final and non-refundable.

  2. Subscription Cancellation Policy

    3. Should you choose to cancel your NexxHaus subscription, your cancellation will become effective at the end of your current billing cycle. You will continue to have access to the subscription services until the end of that period. You will not be entitled to a refund for any unused portion of your subscription fees upon cancellation.

  3. Exceptional Circumstances

    4. In rare and truly exceptional circumstances, NexxHaus, Inc. may, at its sole discretion, consider requests for refunds. Such consideration is not guaranteed and will be evaluated strictly on a case-by-case basis. Our decision in such matters will be final.


Service Availability
  1. Commercially Reasonable Efforts

    2. NexxHaus, Inc. will use commercially reasonable efforts to ensure the availability and accessibility of its Applications and Services. Our commitment is to maintain a high level of operational uptime for our users.

  2. Scheduled and Unscheduled Interruptions

    3. Notwithstanding the foregoing, you acknowledge and agree that the Applications and Services may be temporarily unavailable or interrupted from time to time due to:

    Scheduled Maintenance: Including, but not limited to, routine upgrades, repairs, and planned system enhancements. We will endeavor to provide prior notice for scheduled maintenance whenever feasible.

    Emergency Maintenance: Unforeseen repairs or critical updates necessary to maintain the security, integrity, or performance of the Applications.

    Factors Beyond Our Reasonable Control: This includes, but is not limited to, force majeure events, acts of government, natural disasters, telecommunications outages, internet service provider failures, denial-of-service attacks, and other disruptions originating from outside of our direct control.

    Third-Party Service Outages: Interruptions caused by the unavailability or performance issues of third-party services, APIs (Application Programming Interfaces), integrations, or infrastructure upon which our Applications depend.

  3. No Basis for Termination, Refund, or Credit

    4. You expressly understand and agree that any interruptions, unavailability, or downtime of the Services, regardless of cause or duration, shall not serve as a basis to terminate your subscription, nor shall it entitle you to any full or partial refund or credit of subscription fees. Your subscription fees compensate for access to the Services, not a guarantee of uninterrupted availability.


Annual Payment Plans and Automatic Renewal
  1. Annual Subscription Term and Billing

    2. For Plans where you elect to pay NexxHaus, Inc. on an annual basis through the Application, you will be charged on the first day of your Subscription Term. Your Subscription Term will automatically renew for subsequent annual periods, and we will automatically charge you on the same date in each subsequent year (the "Annual Pay Date").

  2. Cancellation of Annual Plans

    3. To prevent automatic renewal and future charges, you must cancel your Plan prior to the next Annual Pay Date. Cancellations can be made through the dashboard page within the NexxHaus Application. The current Account Owner must initiate all cancellations.

  3. No Refunds for Early Cancellation

    4. If you cancel your Plan during an ongoing Subscription Term, you will continue to have access to the Services until the following Annual Pay Date. You will not be issued any refunds or credits for any prepaid and unused fees for the remainder of that Subscription Term. All annual payments are non-refundable once processed.

  4. Price Adjustments for Annual Plans

    5. NexxHaus, Inc. reserves the right to increase subscription fees for your annual Plan on your Annual Pay Date. However, any such increase shall not exceed twenty percent (20%) over the fees related to the immediately preceding Subscription Term, unless we provide you with notice of different pricing at least sixty (60) days prior to the applicable Annual Pay Date. Your continued use of the Services after such notice constitutes your acceptance of the new fees.


Termination of Services
  1. Termination by NexxHaus, Inc.

    2. NexxHaus, Inc. reserves the right to terminate these Terms, your Plan, and your access to and use of the Services, at its sole discretion, for any of the following reasons:

    • Breach of Terms: If you fail to comply with any material provision of these Terms and Conditions.
    • Payment Default: If you do not pay your fees in accordance with the payment terms stipulated under the “See Our Packages” section.
    • Expiration of Subscription Period: At the expiration of the current subscription period of your Plan, provided NexxHaus, Inc. furnishes prior written notice to you.
    • Insolvency or Bankruptcy: If you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
    • Reputational Harm: If we reasonably determine, in our sole discretion, that you are acting or have acted in a way that could present substantial reputational harm to NexxHaus, Inc., its Affiliates, or its current or prospective partners or customers.

  2. Consequences of Termination by NexxHaus, Inc.

    3. In the event of termination by NexxHaus, Inc. for any of the reasons outlined in Section 1 (Termination by NexxHaus, Inc.) above:

    • No Refunds: You will not be entitled to any refunds whatsoever for any prepaid and unused fees.
    • Outstanding Fees Due: Such termination shall not relieve you of your obligation to pay any fees payable to NexxHaus, Inc. prior to the effective date of termination. Any unpaid fees under your Plan will remain immediately due and payable.

  3. Prohibited Activities Leading to Immediate Termination

    4. Any suspected fraudulent, abusive, hateful, discriminatory, or illegal activity on your part may be grounds for immediate termination of your access to and use of the Services, without prior notice. In such cases, NexxHaus, Inc. reserves the right to refer the matter to appropriate law enforcement authorities.


Changes to the Terms of Use; Accessing the Site and Account Security

NexxHaus reserves the right to modify these Terms at any time, which changes shall be effective immediately and apply to all access to and use of the Site thereafter. You agree to review these Terms periodically to be aware of such modifications. Your continued use of the Site shall be deemed to be your conclusive acceptance of any modified Terms. You should review these Terms prior to using the Site, purchasing any services that are available through the Site, providing any information or accessing website content or user documents. We reserve the right to withdraw or amend the Site and any product, service, or material we provide in our sole discretion without notice. From time to time we may restrict access to some parts or all of the Site to Users. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.

You are responsible for both:

  1. Making all arrangements necessary for you to have access to the Site.
  2. Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy www.nexxhaus.io/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Registration

Capacity

Each User who wishes to make use of certain features offered through the Site, as described herein, must register with the Site by creating an account (each a “Registrant”, collectively the “Registrants”). By checking the box to accept these Terms upon creating an account each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by these Terms. Failure to check the “Accept” box will prevent an individual from becoming a Registrant.

Accurate Information

Registrants agree to provide us with accurate, complete and current information during registration, and to update information provided to us if and when such information should change.

Registrant Profile; Password

Registrants will create a user name and password (“Registrant Profile”). Each Registrant agrees to not allow any third party to use their Registrant Profile, to safeguard the information that would allow another person or entity to access the Site by using their Registrant Profile, and to keep all such information confidential. Registrants agree to be fully responsible for their failure to safeguard such information and/or for allowing any other person or entity to access or use the Site by using their Registrant Profile. Registrants may not transfer or sell a Registrant Profile to another party. Registrants agree to notify NexxHaus immediately of any unauthorized use of their Registrant Profile or the Site. Registrants and Users agree that NexxHaus shall not be liable for any loss that results from the unauthorized use of a Registrant’s Registrant Profile, either with or without such Registrant’s knowledge.

Revocation of Registration

You agree that NexxHaus has the right to cancel your registration or terminate your access to the Site for any reason at any time, including for a violation of any provision of these Terms, in our sole discretion. You agree that NexxHaus shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.


Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site. Additionally, you must not:

  1. Modify copies of any materials from the Site.
  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  2. In any way that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party.
  3. To harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent.
  4. To attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with our products and services, through password mining or other means.
  5. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  6. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards described below.
  7. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  8. To impersonate or attempt to impersonate us, one of our employees, another User, or any other person or entity.
  9. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or Users, or expose them to liability.
  10. To in any way to discriminate against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcomes.
  11. Introduce software or automated agents or scripts to the website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site (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).
  12. To engage, directly or indirectly, in transmitting any type of unsolicited solicitation.
  13. To advertise, offer to sell, or sell any goods or services, unless you receive our prior written consent.

Additionally, you agree not to:

  1. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  2. Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  3. Use any device, software, or routine that interferes with the proper working of the Site.
  4. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  5. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  6. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  7. Access or attempt to access any of our products or services by any means other than the interface we provide.
  8. Assist any third party in engaging in any activity prohibited by these Terms.
  9. Otherwise attempt to interfere with the proper working of the Site.

If you are a real estate agent or other professional acting in your professional capacity on behalf of a client, you may only use the Site and its services to provide information to your clients to the extent permitted by applicable law and you represent and warrant that you have obtained all required authorizations and consents from your client.

International Access to Site

We control the Site from our offices within the United States of America. We make no representation that the Site or its content (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations. Users who access the Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Site may be downloaded in violation of United States law.

User Submissions

The Site may contain features that allow users to upload home inspection reports and receive automated repair cost estimates and related information (collectively, “Estimate Services”). By utilizing these Estimate Services, users submit, process, and receive information based on the content of their uploaded reports (collectively, “User Submissions”) on or through the Site.

All User Submissions must comply with the Content Standards set out in these Terms. Any User Submissions you submit to the Site will be considered non-confidential and non-proprietary. By submitting any User Submission on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, subject to the limitations with respect to the use of personal information contained in our Privacy Policy.

You represent and warrant that:

  1. You own or control all rights in and to the User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  2. All of your User Submissions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Submissions you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Submissions submitted by you or any other User of the Site.

Feedback

Separate and apart from the User Submissions, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about the Company, the Site or our products or services (collectively, “Feedback”) to hello@nexxhaus.io. Feedback is nonconfidential. The Company shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby grant to the Company a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Feedback, without any attribution or compensation to any party, although the Company is not required to use any Feedback.

Monitoring and Enforcement; Termination

NexxHaus has the right to:

  1. Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for NexxHaus.
  2. Disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy.
  3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  4. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

These content standards apply to any and all User Submissions and use of Estimate Services. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:

  1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy located at www.nexxhaus.io/privacy-policy.
  5. Be likely to deceive any person.
  6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  7. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  8. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Available

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy www.nexxhaus.io/privacy-policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Site may provide certain social media features that enable you to:

  1. Link from your own or certain third-party websites to certain content on this Site.
  2. Send e-mails or other communications with certain content, or links to certain content, on this Site.
  3. Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party Sites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  1. Establish a link from any website that is not owned by you.
  2. Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  3. Link to any part of the Site other than the homepage.
  4. Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Submissions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal or state courts of the United States or the courts of the State of North Carolina, in each case located in the City of Raleigh and Wake County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution and Binding Arbitration

YOU AND NEXXHAUS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO (A) YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES THROUGH THE SITE OR (B) YOUR USE OF THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You agree to elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small- claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR NEXXHAUS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to this class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Waiver and Severability

No waiver by the Company of any term or condition set out 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 of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Notices
To You

We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

To Us

To give us notice under these Terms, you must contact us as follows: (i) by email to hello@nexxhaus.io; or (ii) by personal delivery, overnight courier or registered or certified mail at 208 Grosvenor Drive, Raleigh, NC 27615. We may update the addresses for notices to us by posting a notice on the Site or by updating these Terms. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier or registered or certified mail will be effective upon delivery or, if delivered outside of regular business hours, the next business day following delivery.

Electronic Communications

You agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and NexxHaus regarding the use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.