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NXFIVE User Agreement and Conditions of Use

Introduction

Welcome to NXFIVE a site run and operated by NXFIVE, Inc. NXFIVE is an online marketplace for consumers to meet and do business with sellers of goods and services.

By using NXFIVE (including NXFIVE.com and its related sites, services and tools that are provided or may be provided by NXFIVE from time to time), you agree to these Terms and Conditions (“User Agreement” or “Agreement”) and to the related Privacy Policy for NXFIVE and the websites of our subsidiaries and international affiliates. This Agreement is effective on April 1st 2022, for current users and future users.

Use of Site

By using this site, you represent and warrant that you are at least 16 years old or the age of majority in your state of residence if greater.  Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the site and to display the site on your Internet browser for the sole purpose of shopping for products sold on the site and interacting with the social functions on the site and not for any other commercial use or use on behalf of any third party. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. NXFIVE reserves the right, but is not obligated, to modify the site, this User Agreement and the Privacy Policy at any time. You are responsible for checking the site from time to time to review any changes and you will be responsible to abide by any changes.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this site and its related sites any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

NXFIVE Marketplace.

NXFIVE provides a marketplace that allows businesses to oﬀer for sale to NXFIVE account holders to buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. NXFIVE is not a party to the transaction, and it is not a seller or a traditional auctioneer.

To create your NXFIVE account you must fill out the information requested honestly and accurately. Providing false information in creating an NXFIVE account can result in cancellation of your account as well as any remedies for damages arising violation of these terms.

NxDollars.

To promote business in the NXFIVE Marketplace, NXFIVE provides NXDollars.  NXDollars are a digital site credit redeemable in the NXFIVE marketplace or directly on the websites of select NXFIVE marketplace vendors.  NXDollars are not legal tender and may not be exchanged for legal tender, may not be resold, and may not be transferred except as otherwise allowed in these terms.  Access to NXDollars or related account information may not be sold or distributed to others. Unauthorized or fraudulent use, resale or distribution of NXDollars is prohibited. NXFIVE reserves the right to cancel, revoke or otherwise prevent the issuance of NXDollars in cases of mistake and in any suspected case of unauthorized or fraudulent use.

There are several ways that you can obtain and use NXDollars.  To accumulate, redeem, and keep NXDollars, you must create and maintain an NXFIVE customer account in good standing.  NXDollars are solely digital and maintained in your account wallet.   If you ever close your account, or have your account closed due to violation of terms of use, any NXDollars in your account at the time will be lost.  You will have access on your account to a regularly updated statement showing your NXDollar balance, your purchases and expenditures.

You can purchase NXDollars on our site and use them to pay in whole or in part for goods and services offered by vendors on the NXFIVE marketplace.  The current price for NXDollars is shown in the marketplace NxFive.com/tokens and may change at any time at NXFIVE’s sole discretion.  You can also gift NXDollars to other NXFIVE users through the gift/transfer option in your account.  Finally, you may be awarded NXDollars by NXFIVE or its vendors as part of promotional programs in which case NXDollars will be added to your account based on the terms of the promotion.  Please note that if you gift NXDollars to another NXFIVE user you cannot revoke the transfer.

When you purchase NXDollars on the NXFIVE site you will have twenty four (24)hours  to return the NXDollars for a full refund.  After that you will have no further right to return the NXDollars or to convert the NXDollars to legal tender. Vendors will mark when,  where and how NXDollars can be used, including the percentage of sales price that can be paid with NXDollars.

NXFIVE Charges and Services

There is no cost for opening and maintaining an account.  Prices for NXDollars are clearly listed on the site and are subject to change at any time without prior notice.  We may choose to temporarily change the fees for NXDollars for promotional events, and such changes are effective when we post the temporary promotional event or new service on the sites. We may gift NXDollars as part of a promotional event at our sole discretion.  Unless otherwise stated, all prices are quoted in U.S. Dollars.

Payments for Products

Our store shopping cart is operated by Stripe and First Data.  They provide us with the online e-commerce platform that allows us to sell our products and services to you. You can pay for products using a credit card, PayPal, with a crypto wallet or with any other method which we choose to offer from time to time. When payments are made by credit card, NXFIVE does not handle or see your credit card payment information. Your credit card payment will be processed by Stripe and/or First Data.

You can read about Stripe account security at:  https://stripe.com/docs/security/stripe

You can read about First Data account security at: https://merchants.fiserv.com/en-ca/client-support/security-standards/

In providing you with online payment platforms, we select well-known third party payment processing and transaction service providers. However, NXFIVE cannot guarantee their service or security and you agree that NXFIVE will not be responsible for any lapses or liability arising solely from the payment processor’s actions.

Shipping of Goods

The seller provides shipping to customers for products purchased on the site.  NXFIVE does not handle the goods or control their shipment.  Any questions regarding shipments must be directed to the seller or its shipping company.

Returns

Each vendor may provide different return options for products that you purchase.  Your return options may include special procedures for goods that are damaged in transit.  It is important that you inform yourself on the vendor’s return policy before making a purchase and that you follow the policy carefully if you need to make a return.  Any refund will be made directly to you by the vendor in dollars or equivalent credit refund including.  This refund will include the value of any NXDollars used in the purchase.  You will not receive NXDollars as part of a refund.  NXFIVE is not responsible, obligated or involved in the return process.  Your rights for return of a product are solely against the vendor.  However, if a vendor violates its return policy, please let us know and we may, at our sole discretion, contact the vendor to inquire as to the situation and, if the situation is not corrected, may terminate the vendor from the marketplace.

Product Warranties

The vendor is solely responsible for extending and honoring any warranties on the products that they sell.  NXFIVE does not warrant any products sold in the NXFIVE marketplace.

Accuracy of Billing and Account Information

You are responsible for paying all prices and applicable taxes associated with products or services that you purchase in a timely manner with a valid payment method. If your payment method fails, you may be subject to fees and penalties.

We reserve the right to refuse any order you place within the NXFIVE marketplace. We may, in our sole discretion, limit or cancel quantities purchased from a vendor for any reason. 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. If 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.

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 and expiration dates, so that we can complete your transactions and contact you as needed.

Customer Postings

We provide our customers the opportunity to post reviews and opinions regarding our products.  We reserve the right to review such posts and not post them or to delete them if they manifest any prohibited conduct as described below.

Prohibited Conduct

While using NXFIVE sites, including the posting of comments and reviews, you will not:

Post content or items in an inappropriate category or areas on our sites.

Post comments about competing sites.

Post unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, discriminatory, defamatory, insulting, or racist comments or information.

Violate any laws, third party rights or our policies.

Use our sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites or services.

Post information regarding competing products.

Circumvent or manipulate our fee structure, the billing process, or fees owed to NXFIVE.

Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).

Solicit information from other users.

Infringe the intellectual property of NXFIVE or of any third party.

Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the sites or using it for purposes unrelated to NXFIVE).

Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.

Transfer a NXFIVE account to another party without our consent.

Distribute viruses or any other technologies that may harm NXFIVE, or the interests or property of NXFIVE users.

Copy, modify or distribute rights or content from the NXFIVE sites, copyrights and trademarks; or

Harvest or otherwise collect information about users, including email addresses, without their consent.

NXFIVE reserves the right to terminate your account, deny you access, delete your content, and, if we believe that a crime may have been committed or is likely to be committed, to notify the applicable legal authorities.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 site is at your own risk.

This site 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 site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Electronic Communications

When you use any NXFIVE service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically by e-mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Claims of Intellectual Property Violations Pursuant to Section 512(c) of Title 17 of the United States Code

We take claims of intellectual property violations or copyright infringement related to content posted on our sites very seriously. If you have a good faith belief that someone on our site has committed a violation of United States Digital Millennium Copyright Act., that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you can provide NXFIVE's designated agent with the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed.

Identification or description of the copyrighted work or other intellectual property that you claim has been infringed including any registration numbers related to the work and a copy of the registration certificate with specimen identifying the work. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (e.g. trademark, trade secret or patent).

Identification or description of where the material that you claim is infringing is located on the NXFIVE site, with enough detail that we may find it on NXFIVE’s website.

Your address, telephone number, and email address.

A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

NXFIVE’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

NXFIVE’s DMCA Agent

Attn : NxFive DMCA Department

Address : 2255 Glades Rd., Suite 324A, Boca Raton, Florida, 33431

Email : admin@NxFive.com

NXFIVE has implemented a policy that provides for the limitation, suspension or termination of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of NXFIVE and/or others.

Abuse of NXFIVE

NXFIVE and the NXFIVE user community work together to keep our sites and services working properly and the user community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-NXFIVE transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat offenders. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue NXFIVE sites or services. If you spot any posting or other user conduct that you feel is inappropriate or violates our terms and conditions, please notify us at termsandconditions@nxfive.com

Intellectual Property

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to NXFIVE, its licensor, or its affiliates. The collection, arrangement, and assembly of all Content on this site (the "Compilation") belongs exclusively to NXFIVE, its licensor or its affiliates. All software used on this site (the "Software") is the property of NXFIVE, its licensor or its affiliates. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. NXFIVE and other logos, slogans, trade names or trademarks that appear on the NXFIVE site or on NXFIVE branded products are registered trademarks, trademarks, or service marks of NXFIVE, its licensor or its affiliates. The use of any of our trademarks or service marks, or confusingly similar imitations thereof, including but not limited to use on products or services, without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. The brands and trademarks and designs on third party branded products are the property of the respective product producers. To the extent that images of their products that are sold on NXFIVE are reproduced on the site that is done solely to assist the consumer in purchasing the product and is not meant to represent any authority or affiliation with the producer of the product.

NXFIVE does not own the copyrights, trademarks, patents, or other intellectual property related to third party products that it sells on its marketplace.  The vendor grants NXFIVE a license to reproduce and display images of the product or service advertisement and any related intellectual property for purpose of promotion and sale.

Rights to Posted Content

When you post content to the sites in the form of images, reviews, comments or recommendations, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content and to exercise any and all copyright, trademark, publicity, and database rights (but no other rights), including but not limited to the right to reproduce (on any media now known or developed in the future), copy, modify and create derivative works, that you have in the content.

The Limitation of Liability

THIS SITE AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. YOU WILL NOT HOLD NXFIVE RESPONSIBLE FOR THIRD PARTY CONTENT, MISCONDUCT, ACTIONS, OR INACTIONS. YOU ACKNOWLEDGE THAT WHILE WE VALUE AND SEEK TO SAFEGUARD OUR CUSTOMER’S INFORMATION, NXFIVE IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES WHO STEAL THE INFORMATION WITHOUT AUTHORITY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SITES OR SERVICES, AND OPERATION OF OUR SITES OR SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT TO THE EXTENT OTHERWISE STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE, NONINFRINGEMENT, ACCURACY OR COMPLETENESS OF CONTENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITES, SERVICES AND TOOLS. ALSO, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS PAID FOR THE PRODUCT OR PRODUCTS AT ISSUE IN THE CLAIM (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS AND (B) $100.

Robot, Spider, Scraper, usage Prohibited

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to NXFIVE by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand-written permission. Additionally, you agree that you will not:

Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure

Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of NXFIVE and the appropriate third party, as applicable

Interfere or attempt to interfere with the proper working of the sites or services, or any activities conducted on or with the sites or services; or

Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites

User Privacy

We do not sell or rent your personal information to third parties. We use your information only to fulfill your requests, to provide you with new product information, and for our marketing purposes as described in the NXFIVE Privacy Policy, which is incorporated hereto and made a part hereof. We urge you to review the privacy policy with care: NxFive.com/privacy We view protection of users’ privacy as a very important principle.

Indemnification

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

FAQ

For your convenience, we provide a Frequently Asked Questions explanation that can be found here: http://nxfive.com/faqWhile we provide the FAQ for informational purposes to the extent that there is any disagreement between the FAQ and these Terms and Conditions or the Privacy Policy, the Terms and Conditions and Privacy Policy will control.

Legal Disputes

If a dispute arises between you and NXFIVE, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and NXFIVE agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with this section or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through mediation.

Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions.

Arbitration Claims Under $5,000 - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief will submit that dispute to arbitration and the arbitration will be resolved by binding arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes before a single arbitrator panel. The AAA's rules are available at www.adr.org. The AAA and the parties must comply with the following requirements: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction and shall not exceed $10,000.

Arbitration Claims for $5,000 or More - Any dispute or claim for $5,000 or more will be resolved by binding arbitration. If you are a U.S. resident the arbitration will be resolved pursuant to the commercial rules of the AAA before a single arbitrator panel. If you are not a U.S. resident the arbitration will be resolved pursuant to the International Dispute Resolution Procedures of the AAA. The arbitration will be conducted in Miami-Dade County Florida, U.S. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator will be authorized to award attorney’s fees and costs to the prevailing party.

The Federal Arbitration Act and federal arbitration law apply to this agreement.

Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, for any claims involving infringement of a trademark, copyright, patent or of a trade secret, suit may be brought for the infringement claim and all concurrent claims before a United States court of competent jurisdiction.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us and to the American Arbitration Association, 100 SE 2nd St Ste. 2300, Miami, FL 33131.

Notwithstanding the foregoing, a party may seek preliminary injunctive relief in a court of competent jurisdiction for any claims involving intellectual property.

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). 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.  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

How to Contact Us

You can contact us in writing at the following address:

NXFIVE

2255 Glades Rd., Suite 324A, Boca Raton, Florida, 33431

By e-mail to our NXFIVE Customer Satisfaction Team at:

info@NxFive.com
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