NEXA 100 – Terms of Service

These Terms of Service (“Terms”) govern your access to and use of NEXA 100’s Free Ride Service, provided by NEXA Mortgage. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of1 the Terms, then you may not access the Service.

1. Acceptance of Terms:

• • By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
  • If you are using the Service on behalf of an organization, you3 represent and warrant that you have the authority to bind that organization to these Terms.

2. Description4 of Service:

• • NEXA Mortgage through NEXA 100 provides free shuttle service from the Detroit Airport to our selected Hotels and back. We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.5

3. Text Message Opt-In:

• • By signing up on the NEXA100 Booking Form, you are opting-in to receive text messages from us. These messages may include service updates, promotional offers, or other relevant information.
  • By opting in, you consent to receive text messages at the phone number you provide. Standard text messaging and data rates may apply.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • You agree6 to provide accurate and complete information when creating your account and to update your information7 as necessary.
  • You can opt-out of receiving text messages at any time by replying “STOP” to any message you receive from us, or by adjusting your account settings.
  • We reserve the right to suspend or terminate your account if we suspect any unauthorized access or use.

4. User Content:

• • You are responsible for any content you upload, post, or otherwise make available through the Service (“User Content”).
  • You represent and warrant that you own or have the necessary licenses, rights,8 consents, and permissions to use and authorize us to use your User Content.9
  • You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display10 your User Content in connection with the11 Service.
  • You agree not to upload or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy,12 hateful, or racially, ethnically, or otherwise objectionable.
  • We reserve the right to remove any User Content that violates these Terms13 or that we deem inappropriate.

5. Intellectual Property:

• • The Service and its original content, features, and functionality are and will remain the exclusive14 property of NEXA Mortgage LLC and its licensors.15
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.16
  • All trademarks, service marks, and trade names are the property of their respective owners.

6. Prohibited Conduct:

• • You agree not to use the Service for any illegal or unauthorized purpose.
  • You agree not to interfere with or disrupt the Service or servers17 or networks connected to the Service.
  • You agree not to18 use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Service.
  • You agree not to attempt to gain unauthorized access to any portion of the Service19 or any other user’s account.

7. Third-Party Links:

• • The Service may contain links to third-party websites or services that are not owned or controlled by us.
  • We have no control over, and assume no responsibility for, the20 content, privacy policies, or practices of any third-party websites or services.
  • You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss21 caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any22 such third-party websites or services.

8. Disclaimer of Warranties:

• • The Service is provided on an “as is” and “as available” basis.
  • We make no warranties, express or implied, regarding23 the Service, including but not limited to any implied warranties of merchantability, fitness for a particular purpose,24 and non-infringement.
  • We do not warrant that the Service will be uninterrupted or error-free.25

9. Limitation of Liability:

• • In no event shall NEXA Mortgage LLC be liable for any indirect, incidental, special, consequential, or punitive damages,26 including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including27 negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
  • Our total liability to you for all claims28 arising out of or relating to the use or inability to use any portion of the service, or otherwise arising under this agreement, whether in contract, tort, or otherwise, is limited to the greater of (a) the amount paid by the user to the company within the past 12 months, or (b) $100.

10. Indemnification:

• • You agree to indemnify and hold harmless NEXA Mortgage LLC and its affiliates, officers, directors, employees, and agents from and29 against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with30 your access to or use of the31 Service, your User Content, or your violation of these Terms.

11. Governing Law:

• • These Terms shall be governed by and construed in accordance with the laws of the United States of America, without32 regard to its conflict of law provisions.

12. Changes to Terms:

• • We reserve the right to modify or replace these Terms at any time.33
  • We will provide notice of any material changes to these Terms.34
  • Your continued use of the Service after any changes to these Terms constitutes acceptance of those changes.

13. Contact Us:

• • If you have any questions about these Terms, please contact us35 at (928)-585-6392