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Nexsyis Collision, Inc.

Terms of use

Last Updated: March 25th, 2024


Please carefully review these Terms of Use ("Terms"). These Terms apply to your use and viewing of the website, product, or application on which these Terms are posted ("Services"). By accessing or using the Services in any way, including browsing the Services, submitting information to NEXSYIS, and participating in or using any Services, you agree to comply with applicable laws and be bound by these Terms.
References in these Terms to "you," "your," or variations thereof include individual users of the Services as well as individuals accessing the Services on behalf of their employer, an insurance carrier, a repair facility, or a third-party administrator. References to "NEXSYIS," "we," "our," "us," or variations thereof refer to NEXSYIS Collision, Inc. and its affiliates.
To the fullest extent permitted under law, by accessing the Services you agree to be bound by all terms, conditions, policies, and notices contained within these Terms. This includes terms related to conducting transactions electronically, disclaimers of warranties, exclusions and limitations of damages and remedies, and choice of Indiana law (unless otherwise expressly set forth herein).

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1. Scope

The Services provided are intended for use by residents of the United States who are 18 years of age or older and meet the legal requirements in their jurisdiction of residence. Certain Services may be limited to prospective and current customers of NEXSYIS products or services, as well as current and prospective investors or media groups. By using the Services on behalf of a NEXSYIS customer, you acknowledge that you have the legal authority to bind yourself or any third party you represent to these Terms.

If you do not meet the requirements for use or do not agree to these Terms, you may not access or use the Services. Periodically, we may update the Services and these Terms. Your continued use of any Services after we post any changes to the Terms signifies your agreement to those changes. We recommend reviewing these Terms regularly to stay informed about any updates.

NEXSYIS reserves the right, at its sole discretion and without notice, to discontinue any part of the Services or prevent your access to them. You acknowledge that you have no rights in relation to the Services and NEXSYIS shall have no liability if any part of the Services is discontinued or if your access is terminated.

 

2. Privacy Policy

Use of the Services is governed by NEXSYIS's Privacy Policy (found here: https://www.nexsyiscollision.com/nexsyis-privacy-policy). Your use of the Services signifies your agreement to the Privacy Policy.

 

3. Additional Terms; SMS Terms; NEXSYIS Customer Agreement

Depending on your relationship with NEXSYIS and the specific Services you are using, there may be additional terms, conditions, and agreements that apply to your use of the Services. For example, if you are using the Services as an employee, there may be a Customer Agreement between NEXSYIS and your employer that also applies to your use of the Services. In case of any conflicts between these additional terms, the Customer Agreement, and these Terms, these Terms will take precedence.

SMS Terms:

The Services may offer the option for you to sign up to receive automated text messages from NEXSYIS or related entities such as insurance carriers, third-party administrators, or repair shops. These messages may include appointment reminders and status updates, among other types of messages. If texting is your preferred method of communication, an insurance carrier, third-party administrator or repair shop may also send text messages to you regarding appointments or repair status updates. However, signing up for text messaging is not mandatory in order to use the Services.

Recipients of text messages have the right to opt out at any time by texting or replying STOP to the corresponding short code. We will send a confirmation message upon receiving an opt-out request. Please note that not all wireless or mobile carriers support our messaging services and they are not responsible for delayed or undelivered messages. Message and data rates may apply and frequency of messages may vary. The use of personal information in connection with text message programs is governed by NEXSYIS's Privacy Notice (available at https://www.nexsyiscollision.com/nexsyis-privacy-policy).

These Terms along with our Privacy Policy, Customer Agreement (if applicable), SMS terms outlined above, and any other legal notices published by NEXSYIS on the Services collectively constitute the entire agreement between you and NEXSYIS regarding the Services and your use thereof. Provisions in these Terms that are intended to survive termination or expiration shall do so accordingly.

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4. Site Rules and User Content

These Terms apply whenever you use or access the Services. You solely are responsible for User Content that you upload, publish, display, link to, or otherwise make available (hereinafter, "post") on this Site. For purposes of these Terms, "User Content" means any communications, images, sounds, and all the material, data, and information that you or that other users post, including, without limitation, any comments. You agree that NEXSYIS is only acting as a passive conduit for your online distribution and publication of your User Content. Your permission to use the Services is conditioned upon the Use Restrictions and the Posting and Conduct Restrictions below.

 

5. Use Restrictions

The Services are to be used solely for your personal, non-commercial purposes and in accordance with these Terms. Any other use is strictly prohibited. You agree not to post any abusive, obscene, defamatory, libelous, harassing, vulgar, sexually explicit, or racially or ethnically inappropriate information on the Services.

  • Posting confidential or private information such as financial or personnel files is prohibited.

  • Using the Services for any unlawful purpose or promoting illegal activities is strictly prohibited.

  • Unauthorized use of another user's account and interfering withthe proper functioning of the Services is not allowed.

  • Making automated use of the system or attempting to overload NEXSYIS's servers or network infrastructure is prohibited.

  • Bypassing any measures taken by NEXSYIS to restrict access to the Services or using software, technology, or devices to scrape, spider, crawl, harvest, or manipulate data is not allowed.

  • The communication systems provided by the Services must not be used for commercial solicitation purposes.

  • Posting content that is unrelated to NEXSYIS's products or services, or that is clearly false or misleading, is prohibited.

  • Providing false or inaccurate information when registering an account and using a false e-mail address or impersonating others are not allowed.

  • Publishing, posting, uploading, transmitting, or linking to malicious content intended to damage NEXSYIS's systems or another user's computer is strictly prohibited.

Posting and Conduct Restrictions:

The following rules apply to User Content:

By transmitting and submitting any User Content while using the Services:

  • You agree to comply with these Terms and the above use and content restrictions.

  • You are solely responsible for your account activity and any actions taken while using your Services account.

  • You own all necessary licenses, rights, permissions, and consents for any User Content you submit.

  • You will not submit copyrighted content without permission from rightful owners.

  • NEXSYIS has the right to determine whether your User Content complies with these Terms. We may remove your submissions and terminate your account without prior notice.

NEXSYIS does not assume responsibility for User Content posted by users. Any loss or damage resulting from the use of User Content through the Services is solely your responsibility. NEXSYIS does not pre-screen all User Content but may monitor interactions at its discretion.

You are prohibited from creating advertisements, press releases, or marketing materials without prior approval from NEXSYIS. Unauthorized use may result in prosecution under federal, state, and local law.

Video and Photos:

Certain Services allow text communications features, appointment scheduling with repair facilities, and submission of information for photo estimates.

When using a Service for these purposes:

  • Limit availability of personal photos/videos/files/texts shared with repair facility(s).

  • Do NOT include personal information in photos/videos/texts submitted via our services.

  • Configure device settings as needed (camera/location access) for successful usage of the Services.

Everything submitted via the Services will be shared with repair facilities. The appropriateness of using our services in specific locations cannot be guaranteed.

 

6. License Grant

User Content and Feedback: You have the option to provide us with comments, feedback, suggestions, improvements, or developments related to the Services or through the Services via a survey ("Feedback"). By providing Feedback or posting User Content, you acknowledge and agree that:

(a) The Feedback does not contain any confidential or proprietary information of third parties.

(b) NEXSYIS is not under any obligation of confidentiality regarding the Feedback, whether expressed or implied.

(c) NEXSYIS may have already developed something similar to the Feedback before receiving it.

(d) NEXSYIS is not obligated to use the Feedback.

By posting User Content or providing Feedback, you grant NEXSYIS a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce modify publish list information regarding edit translate distribute publicly perform publicly display and create derivative works of all such User Content and Feedback. This license also includes your name voice and/or likeness contained in your User Content or Feedback. This license allows us to use your content in connection with the Services without needing to compensate you further.

However please note that you do not have ownership rights to any account you may have with us or access to our Services. We reserve the right to cancel your account and delete all associated User Content at any time without prior notice if we determine that you have violated these Terms violated any law or for any other reason.

 

7. Copyright Infringement Notification Process

If you believe that any content on the Services infringes upon your copyrights, you may submit a notification to our designated agent in accordance with the Digital Millennium Copyright Act ("DMCA"). To make a valid copyright infringement claim, you must provide the following information in writing:

 • Your physical or electronic signature, or the signature of a person authorized to act on behalf of the copyright owner.

  • Identification of the copyrighted work claimed to have been infringed, or if there are multiple works involved, a representative list of those works.

  • Identification of the material that you believe is infringing and sufficient information for us to locate it.

  • Your contact information, including your name, mailing address, telephone number, and email address (if available).

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

  • A statement that all information provided in your notification is accurate and that you are either the copyright owner or authorized to act on behalf of the copyright owner.

Please note that failure to provide all required information may result in an ineffective notification. You can find more information about this process in section 512(c)(3) of Title 17 U.S.C., also known as DMCA. Our designated agent to receive notifications under DMCA is:

Legal Department:

Nexsyis Collision, Inc.

5325 East 82nd Street

Indianapolis, IN. 46250

Phone: 888-222-7008

e-mail: nexsupport@nexsyis.com

Please be aware that making false claims under DMCA may subject you to liability for damages (including costs and attorneys' fees) if it is determined that you materially misrepresented content or activity on our Services as infringing on copyright.

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8. NEXSYIS Intellectual Property

The Services and this domain, along with any trademarks, logos, service marks, slogans, product names, designations, APIs, and other proprietary content (“NEXSYIS Content”), are owned by NEXSYIS or its licensors. By using the Services, you acknowledge and agree that NEXSYIS and its licensors retain ownership of all intellectual property rights related to NEXSYIS Content. These rights include applicable copyrights, trademarks, and other proprietary rights. NEXSYIS Content is protected both in the US and internationally by various laws, including but not limited to copyright laws, treaty provisions, trademark laws, patent laws, and other intellectual property and proprietary rights laws.

Any other product and company names mentioned on the Services may be trademarks of their respective owners. It is important to note that NEXSYIS Content cannot be used as a username, icon, identifier, hyperlink, or in any other manner without NEXSYIS’s prior written permission. NEXSYIS reserves all rights that are not expressly granted to you in these Terms.

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9. Links to Other Sites and/or Materials; Third-Party Content

As part of the Services, NEXSYIS may provide you with convenient links to third-party services or content (“Third-Party Content”). This Third-Party Content is offered as a courtesy to Services visitors. NEXSYIS has no control over linked Third-Party Content or the promotions, materials, information, goods, or services available on Services that constitute Third-Party Content. All statements and opinions expressed in the Third-Party Content are solely those of the third party providing those materials. NEXSYIS does not endorse third-party services or the Third-Party Content, and it cannot pre-screen or monitor such Content. Different terms of use and privacy policies may apply to Third-Party Content.

NEXSYIS is not responsible for and does not endorse or warrant any materials, information, goods, or services available through any Third-Party Content or any privacy or other practices of such third parties. NEXSYIS reserves the right to terminate any link at any time. NEXSYIS shall not be liable for any products, services, or the Third-Party Content of third parties, nor for the accuracy of any such products, services, or the Third-Party Content.

 

10.  Disclaimer and Informational Notice

NEXSYIS does not guarantee the reliability of the Services, NEXSYIS Content, User Content, or any other features. In the event of service failure, NEXSYIS disclaims all liability.

The materials and information provided through or in connection with the Services are strictly for informational purposes only. They do not constitute investment, professional, legal advice, or an offer to sell. Nor do they serve as a solicitation of an offer to buy or an invitation or inducement to any person.

By using these materials, systems, or information, you acknowledge that any reliance will be at your own risk. This includes reliance on the availability, accuracy, completeness, timeliness, usefulness, or appropriateness of the Services or their content.

None of the content on the Services constitutes an offer to sell or a solicitation to buy any securities of NEXSYIS, any NEXSYIS affiliate, or any other company. NEXSYIS, its affiliates, licensors, service providers, or suppliers do not make any recommendations regarding the securities or investment services of any person or entity based on the content provided on the Services. Additionally, NEXSYIS makes no representations regarding the amount of time that any NEXSYIS Content or User Content will be preserved.

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11. Internet Security and Service Disclaimer

The Internet is susceptible to security breaches. NEXSYIS disclaims responsibility for any resulting damage to users’ devices or computers due to such breaches, including viruses, bugs, tampering, unauthorized intervention, fraud, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer line failures, or other technical malfunctions. It is essential to recognize that email and other submissions over the Internet may not be secure. Before emailing NEXSYIS any information or posting content to the Services, consider this potential lack of security.

NEXSYIS makes no representation or warranty regarding the suitability, functionality, performance, availability, or operation of the Services. Temporary unavailability due to maintenance or computer equipment malfunction may occur.

The Services are provided “as is, as available.” No warranties, express or implied, including those of merchantability or fitness for a particular purpose, apply to the Services or any information or software therein. Under no circumstances, including negligence, shall NEXSYIS be liable for direct, indirect, incidental, special, punitive, or consequential damages resulting from the use or inability to use this site. NEXSYIS is not responsible for mistakes, omissions, interruptions, file deletions, errors, defects, delays in operation or transmission, or any failure of performance, whether or not caused by events beyond NEXSYIS’s reasonable control. Such events include acts of God, communication line failure, theft, destruction, or unauthorized access to records, programs, or services. Negligent acts will not render NEXSYIS, its affiliates, or agents liable for any damage resulting from the use of, or inability to use, the Services.

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12. Dispute Resolution and Jurisdiction

If your use of the Services is governed by a Customer Agreement, any disputes between us will be resolved through the dispute resolution mechanism agreed upon in the applicable Customer Agreement.

For any other use of the Services, the following provisions apply:

  • Governing Law: These Terms are governed by the federal laws of the United States of America and the laws of the State of Indiana.

  • Jurisdiction: Any action related to the use of the Services will be filed only in the appropriate state or federal court located within Cook County in the State of Indiana. By using the Services, you signify your consent to the jurisdiction of the state and/or federal courts in Cook County, Indiana.

  • Individual Resolution: To the extent permitted by applicable law and subject to an applicable Customer Agreement, any disputes, claims, and causes of action arising out of or connected with the Services and/or these Terms will be resolved individually, without resort to any form of class action.

These Terms operate to the fullest extent permissible by law.

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13. General Provisions

NEXSYIS’s failure to enforce any term or condition set forth in these Terms does not constitute a waiver of that term or condition. Additionally, any failure by NEXSYIS to assert a right or provision under these Terms does not waive that right or provision.

Should any provision of these Terms be deemed invalid, illegal, or unenforceable by a court or other competent tribunal, that provision will be eliminated or limited to the minimum extent necessary. The remaining provisions of these Terms will continue in full force and effect.

NEXSYIS reserves the right to assign its obligations under these Terms, either wholly or partially, at any time with or without notice to you. However, you may not assign your obligations under these Terms to any other person; any such attempt is void. Furthermore, you may not transfer any rights to use all or any part of the Services to anyone else, whether temporarily or permanently.

Both you and NEXSYIS acknowledge that no partnership is formed, and neither party has the power or authority to obligate or bind the other. NEXSYIS’s failure to comply with these Terms due to events beyond its reasonable control—such as acts of God, war, fire, riot, terrorism, earthquake, or actions of federal, state, or local governmental authorities—shall not be considered a breach of these Terms.

These Terms constitute a binding agreement between you and NEXSYIS, accepted by you upon using the Services. The section titles in these Terms are for convenience only and have no legal or contractual effect.

The United Nations Convention on Contracts for the International Sale of Goods (1980) is entirely excluded from application to these Terms. Additionally, you may not use or export any Application except as authorized by United States law and the laws of the jurisdiction in which you reside.

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14. Questions

If you have any inquiries about the Services or need assistance with a request made on the platform, feel free to reach out to your account team or directly contact us via email at nexsupport@nexsyis.com.

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