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Changes to the Site and Materials. You acknowledge and agree that this Site and/or the Materials may include certain inaccuracies or typographical errors which may affect the quality of the Materials. In addition, you agree that NextFlex and the Third-Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Site, if any, at any time without notice.
Disputes and Governing Law. Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the non-exclusive jurisdiction of the courts located in Santa Clara County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
In the event of any dispute or claim arising out of or in connection with or relating to these Terms, you agree to first contact NextFlex and attempt to resolve the dispute with us informally. You agree to submit any claim on your individual behalf and waive any and all right to participate in a class action. Nothing in these Terms shall prevent either party from seeking injunctive relief or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site or Materials, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts located in Santa Clara County, California for such purpose or to enforce any arbitration award to the fullest extent permitted by law. These Terms are written in English and the governing language shall be English. The use of the singular includes the plural and vice versa, as the context may require. The headings are for convenience of reference only and shall not in any way affect the interpretation hereof.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, A COURT OR ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ACCESS OR USE OF THE SITE OR MATERIALS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Notice for California Users: Under California Civil Code Section 1789.3, certain users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Customer Service@NextFlex.us or at:
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2244 Blach Place, Suite 150
San Jose, CA 95131, USA
Severability and Waiver. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of NextFlex to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NextFlex in writing.
Assignment. These Terms apply only to you and may not be assigned or transferred by you, and any attempted assignment or transfer by you shall be null and void. NextFlex and FlexTech may freely assign these Terms, in which event shall be binding upon, and inure to the benefit of, the successors and assigns.
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