Terms of Service.

1. Eligibility

The Site and our services are intended for business entities and individuals acting in a business capacity who are at least 18 years old and have the authority to enter into binding agreements on behalf of the business they represent. By using the Site, you represent that you meet these requirements.

All financing offered or facilitated through the Site is for business, commercial, or agricultural purposes only. We do not offer or facilitate credit that is primarily for personal, family, or household use. If you are applying as a sole proprietor, you additionally represent that the financing you are seeking is for business, commercial, or agricultural use exclusively, and not primarily for personal, family, or household purposes.

2. Description of Services

NexTech Business Solutions provides enterprise technology services and products, including artificial intelligence, managed IT, telecommunications, Web3 infrastructure, spatial computing, and logistics technology, for businesses. The specific scope, deliverables, and fees for these services are set out in a separate services agreement or statement of work, not by these Terms alone. NexTech Business Solutions does not itself broker, fund, or make credit decisions regarding financing. If you express interest in financing for a purchase, your information may be referred to a separate broker company for that purpose, and that company's own terms and privacy practices will govern the financing process. Use of the Site to submit an inquiry does not guarantee acceptance of any technology services engagement or approval of any financing referral.

3. Accounts and Applications

If you create an account or submit an application through the Site, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account.

4. Acceptable Use

When using the Site, you agree not to:

• Provide false, misleading, or fraudulent information in any application or communication.
• Use the Site for any unlawful purpose or in violation of these Terms.
• Attempt to gain unauthorized access to the Site, our systems, or other users' information.
• Interfere with or disrupt the operation of the Site, including through malware, scraping, or automated data collection not authorized by us.
• Use any robot, spider, scraper, crawler, or other automated means to access, extract, or collect content or data from the Site, or use any Site content to train, fine-tune, or develop a machine learning or artificial intelligence model, without our prior written consent.
• Reproduce, distribute, or create derivative works from the Site's content without our prior written consent.

5. Electronic Communications and Marketing Consent

By submitting an inquiry, application, or contact form, you consent to receive transactional and account-related communications from us electronically, including by email, phone, and text message, regarding that inquiry or your account.

We will only send you marketing or promotional communications, by email or text message, whether sent directly or through a third-party marketing service provider, if you separately and affirmatively opt in to receive them, in accordance with our Privacy Policy. You may withdraw marketing consent at any time using the unsubscribe mechanism provided in those communications, without affecting transactional communications related to an existing account.

6. Financing Referrals

NexTech Business Solutions does not itself extend, broker, or make decisions regarding credit or financing. Where a financing inquiry is referred to a separate broker company, that company, not NexTech Business Solutions, is responsible for compliance with applicable fair lending laws, including the Equal Credit Opportunity Act and its implementing Regulation B, and for providing any required adverse action notice.

7. State Licensing; No Offer Where Prohibited

NexTech Business Solutions may be required to hold business, professional, or technology services licenses in certain states in which we do business. Where applicable law requires such a license, we hold or will obtain it before conducting the relevant activity in that state. Nothing on this Site is an offer or solicitation to provide financing in any state or jurisdiction where we are not authorized to do so, and we reserve the right to decline to do business in any such jurisdiction.

8. Intellectual Property

The Site and its content, including text, graphics, logos, and software, are owned by or licensed to NexTech Business Solutions and are protected by intellectual property laws. You may not use our trademarks, trade names, or logos without our prior written consent. Any third-party trademarks, product names, or logos referenced on the Site belong to their respective owners and are used with permission, under license, or under applicable fair use.

9. Third-Party Links and Services

The Site may link to or integrate with third-party websites or services (including vendors, credit bureaus, and marketing platforms) that we do not control. We are not responsible for the content, accuracy, or practices of any third-party site or service.

10. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY APPLICATION SUBMITTED THROUGH THE SITE WILL BE APPROVED.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTECH BUSINESS SOLUTIONS AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

This limitation applies to your use of the Site itself and does not apply to, or limit, the separate liability terms in any executed lease, loan, or financing agreement, or services agreement or statement of work.

12. Indemnification

You agree to indemnify, defend, and hold harmless NexTech Business Solutions and its officers, employees, and affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, your violation of these Terms, or your violation of any law or third-party right.

13. Governing Law and Dispute Resolution

a. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.

b. Binding Arbitration

Except as set forth in subsection (d) below, you and NexTech Business Solutions agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services, including disputes about the formation, validity, scope, or enforceability of this arbitration agreement, will be resolved exclusively by binding arbitration rather than in court, except that either party may bring an individual claim in small claims court if it qualifies. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator, and will be seated in or administered remotely consistent with New Castle County, Delaware. This arbitration agreement is governed by the Federal Arbitration Act.

c. Class Action Waiver

You and NexTech Business Solutions agree that any arbitration or other proceeding will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. Neither party may bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding. If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim or request for relief, that claim or request must be brought in court, and all other claims remain subject to arbitration under subsection (b).

d. Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for claims related to intellectual property rights, unauthorized access to or misuse of the Site, or breach of confidentiality obligations. Either party may also bring an individual claim in small claims court as an alternative to arbitration, where the claim qualifies.

14. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms. Sections of these Terms that by their nature should survive termination (including Sections 8, 10, 11, 12, and 13) will survive.

15. Changes to These Terms

We may revise these Terms from time to time. The "Effective Date" above reflects the most recent revision. Continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

16. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and any other agreement expressly referenced in these Terms, including a services agreement, statement of work, purchase agreement, lease, loan, or financing agreement, constitute the entire agreement between you and us regarding the Site.

Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any provision of these Terms will not be considered a waiver of that provision.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Force Majeure: We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control.

17. Contact Us

Questions about these Terms should be directed to:

NexTech Business Solutions, LLC
Email: customerservice@nextechbusinesssolutions.com