Section 1
Acceptance of Terms
These Terms and Conditions (“Terms”) govern your use of the NexClix, Inc. website at www.nexclix.com and any SMS/text messaging programs operated by NexClix, Inc. (“NexClix,” “we,” “our,” or “us”), a company headquartered in Atlanta, Georgia.
By accessing this website, submitting a contact form, or opting in to receive SMS messages from NexClix, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, please do not use this website or our SMS programs.
SMS Consent is Separate: Consent to receive SMS messages is voluntary, entirely separate from any purchase or service engagement, and is not a condition of doing business with NexClix.
Section 2
Website Use
The NexClix website is intended for use by business professionals, prospective and current customers from both the public and private sectors, and other authorized users. By using this site, you represent that you are at least 18 years of age and have the authority to enter into these Terms.
You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of others. You shall not:
- Transmit unsolicited commercial communications (spam)
- Attempt to gain unauthorized access to any portion of the site or its infrastructure
- Use automated means to scrape, crawl, or extract data without written permission
- Introduce malware, viruses, or other malicious code
- Impersonate NexClix, its employees, or any other entity
Section 3
SMS Opt-In Consent Process
3.1 Express Written Consent Required
NexClix will only send SMS/text messages to individuals who have provided their prior express written consent in compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and CTIA messaging guidelines. We use an A2P 10DLC-registered communications platform for all SMS communications.
3.2 Methods of Obtaining Consent
Consent may be obtained through any of the following methods:
- Website Opt-In Form: Completing a contact or inquiry form on nexclix.com that includes a clearly visible, optional, and unchecked-by-default SMS consent checkbox with the following required disclosure:
“I consent to receive recurring automated text messages from NexClix, Inc. at the mobile number provided. Message types include informational, transactional, and campaign-related messages. Message frequency varies. Message and data rates may apply. Reply STOP to opt out; Reply HELP for support. Consent is not a condition of any purchase or service. View our Privacy Policy.”
- Written Agreement: A signed contract or agreement containing a clear SMS consent provision that meets TCPA/CTIA standards
- Documented Verbal Consent: Verbal confirmation captured in a written record, with the date, time, and program consented to
3.3 Consent is Non-Transferable
Consent to receive SMS messages from NexClix cannot be transferred, assigned, or shared with any third party. Consent applies only to the specific program(s) described at the time of opt-in.
3.4 Confirmation Message
Upon successful opt-in, recipients may receive a confirmation message such as:
“NexClix: You're now opted in to receive text messages from NexClix, Inc. Message & data rates may apply. Message frequency varies. Reply STOP to opt out, HELP for support.”
Section 4
Message Types
NexClix operates two registered SMS/text messaging programs. By opting in, you may receive the following types of messages from the applicable program:
4.1 Customer Campaign Program
Messages sent to prospective and existing customers in the public and private sectors regarding NexClix's goods and services, including:
- Announcements about our goods and services and business capabilities
- Opportunity notifications and relevant updates for current and prospective customers
- Event invitations and partnership or teaming opportunity alerts
- Company news, updates, and compliance notifications
- Responses to inquiries submitted via nexclix.com
4.2 Vendor & Partner Program
Operational communications to vendors and partners working on or being considered for NexClix engagements, including:
- Project scheduling, task assignments, and work order communications
- Documentation requests, deliverable reminders, and deadline notifications
- Agreement or order status updates
- Compliance reminders and inspection or review scheduling
- Operational communications related to active or pending NexClix projects
NexClix will never send: promotional advertisements unrelated to our goods and services, third-party marketing messages, political messages, or any content prohibited by CTIA guidelines or applicable carrier content policies.
Section 5
Message Frequency
| Program | Frequency | Notes |
|---|---|---|
| Customer Campaign Program | Up to 4 messages per month | Per enrolled recipient |
| Vendor & Partner Program | As needed; 1–10 messages per active project period | Frequency varies by project activity |
Message frequency may vary based on project activity, business need, or changes to our service programs. We will not send bulk or unsolicited messages beyond what is necessary for the program you have consented to.
Section 6
Message & Data Rates Disclaimer
Message and data rates may apply. Standard messaging and data fees charged by your wireless carrier may apply when sending or receiving text messages from NexClix, Inc. NexClix does not charge recipients for SMS messages. You are solely responsible for any charges imposed by your wireless carrier. Consult your wireless service plan for applicable rates. NexClix is not responsible for any charges incurred in connection with your use of our SMS programs.
Supported major carriers include: AT&T, T-Mobile, Verizon, Boost Mobile, Cricket, Metro by T-Mobile, U.S. Cellular, and other regional carriers. Carrier availability and message delivery are not guaranteed by NexClix.
Section 7
Opt-Out Keywords
You may opt out of NexClix SMS messages at any time by replying with any of the following keywords to a NexClix text message:
Upon receiving any opt-out keyword, NexClix will send a single confirmation message, immediately cease further SMS messages, and record your opt-out. Opt-out requests are processed within 10 business days.
You may also opt out by emailing info@nexclix.com with “SMS OPT-OUT” in the subject line and your mobile number in the body, or calling (877) 464-5674 during business hours.
Opting out of SMS does not affect your ability to contact NexClix by phone or email, nor does it affect any existing contractual or business relationship.
Section 8
HELP Keyword & Customer Support
Reply HELP to any NexClix text message to receive program information and support contact details.
Upon receiving HELP, NexClix will send a response containing the NexClix brand name, a brief description of the messaging program, instructions for opting out (STOP), and support contact information: info@nexclix.com or (877) 464-5674.
Example HELP response: “NexClix: You're receiving msgs from NexClix, Inc. Msg & data rates may apply. Reply STOP to opt out. Questions: info@nexclix.com or (877) 464-5674.”
Section 9
Prohibited Use
The following activities are strictly prohibited in connection with your use of NexClix's website or SMS programs:
- Providing false, misleading, or inaccurate opt-in information
- Providing a mobile phone number that belongs to another person without their consent
- Using automated means to interact with our SMS programs in ways not intended for individual consumers
- Engaging in any conduct that violates applicable federal or state law, including the TCPA, CAN-SPAM Act, or Electronic Communications Privacy Act
Section 10
Intellectual Property
All content on the NexClix website — including text, graphics, logos, images, and data compilations — is the property of NexClix, Inc. or its content suppliers and is protected by applicable United States copyright, trademark, and trade secret laws.
You may view and print content from nexclix.com solely for your own non-commercial, informational use in evaluating NexClix as a potential business partner or service provider. No content may be reproduced, distributed, modified, or used for commercial purposes without the express written consent of NexClix, Inc.
The NexClix name, logo, and related marks are trademarks of NexClix, Inc. and may not be used without prior written permission.
Section 11
Disclaimer of Warranties
THE NEXCLIX WEBSITE AND SMS PROGRAMS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXCLIX, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NexClix does not warrant that the website will be uninterrupted or error-free, that any information on the website is accurate or current, that SMS messages will be delivered promptly, or that the website will meet your specific requirements.
Section 12
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEXCLIX, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR OUR SMS PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NexClix's total aggregate liability to you for any claims arising under these Terms shall not exceed the greater of: (a) the amounts paid by you to NexClix in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100.00).
Section 13
Indemnification
You agree to indemnify, defend, and hold harmless NexClix, Inc. and its officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the NexClix website or SMS programs in violation of these Terms, your violation of any applicable law or regulation, or your infringement of any third-party rights.
Section 14
Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the federal and state courts located in Cobb County, Georgia.
Before initiating formal legal proceedings, both parties agree to attempt in good faith to resolve any dispute informally for a period of thirty (30) days after written notice of the dispute is provided.
Section 15
Changes to These Terms
NexClix reserves the right to modify these Terms at any time. When we make material changes, we will update the “Last Updated” date at the top of this page. For SMS program participants, material changes to SMS-related terms will be communicated by text message or email prior to the effective date. Your continued use of the website or SMS programs after the effective date constitutes acceptance of the updated Terms.
Section 16
Contact Us
For questions or concerns about these Terms and Conditions, or our SMS programs, please contact:
NexClix, Inc.
2451 Cumberland Pkwy, Suite 3425
Atlanta, GA 30339
Email: info@nexclix.com
Phone: (877) 464-5674
Website: www.nexclix.com
To review our data collection and privacy practices, please see our Privacy Policy.