Terms of service

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, reliability, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Except as expressly stated by NEXOVITE, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or do not allow the disclaimer of implied warranties, so some of the above disclaimers may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no case shall NEXOVITE, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, or Shopify’s affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, strict liability, negligence, or otherwise, arising from your use of the Services or any products purchased through the Services.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NEXOVITE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of or relating to:

(1) your breach of these Terms or any policies incorporated by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defense of indemnified claims.

SECTION 19 - SEVERABILITY

If 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 severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

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

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable to the business entity operating NEXOVITE, without regard to conflict of law principles, except where applicable consumer protection laws require otherwise.

Nothing in these Terms limits any rights you may have under applicable consumer protection laws in your jurisdiction.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

We will notify you of any material changes to these Terms where required by applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Store name:
NEXOVITE

Customer support:
support@nexovite.com