Nexa Optimum Solutions — Website & Consumer Portal Terms And Conditions Disclosure

Effective Date: September 2, 2026

Last Updated: September 2, 2026

IMPORTANT LEGAL NOTICE

PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT” OR “TERMS”) CAREFULLY BEFORE ACCESSING, USING, OR TRANSACTING THROUGH THIS WEBSITE OR THE CONSUMER PAYMENT PORTAL.

THIS AGREEMENT CONTAINS A MANDATORY AND BINDING ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

1. ACCEPTANCE OF AGREEMENT AND ELIGIBILITY

This Agreement is a legally binding contract between you (“You,” “Your,” or “User”) and Nexa Optimum Solutions, LLC (“Nexa,” “Company,” “we,” “us,” or “our”). This Agreement governs Your access to and use of nexaoptimum.com, any associated subdomains, the Nexa Consumer Payment Portal, mobile applications, and all electronic services, content, and functionality provided therein (collectively, the “Website”).

Binding Acceptance: By accessing, browsing, creating an account, clicking any button indicating acceptance (e.g., “I Agree,” “Submit,” “Pay Now”), or otherwise using the Website, You acknowledge that You have read, understood, and agree to be bound by all terms, conditions, notices, and policies referenced herein. If You do not agree to these Terms in their entirety, You are strictly prohibited from accessing or using the Website.
Minimum Age Representation: You explicitly represent and warrant that You are at least 18 years of age (or the legal age of majority in Your state of residence) and possess the legal capacity to enter into a binding contract. The Website is strictly intended for individuals 18 years of age and older.
Geographic Limitation: The Website is controlled, operated, and administered by Nexa from within the United States and is intended solely for use by residents of the United States. Nexa makes no representation that the Website or its contents are appropriate or available for use in other locations.

2. STATUTORY DEBT COLLECTION DISCLOSURE (FDCPA / STATE COMPLIANCE)

Nexa Optimum Solutions is a professional third-party debt collection agency.

Collection Notice: This communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose.
Non-Waiver of Rights: Accessing the Website, registering a User Account, or reviewing balance details does not constitute a waiver of any statutory consumer rights under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., the California Rosenthal Fair Debt Collection Practices Act, or any other applicable state or federal law.
Curing Default Status: Payment submission alone does not automatically cure a default, delinquent, or legal status until funds have cleared completely and are accepted by Nexa.

3. MODIFICATIONS TO TERMS AND SERVICES

Right to Modify: Nexa reserves the right, in its sole and absolute discretion, to revise, update, amend, or modify this Agreement at any time without prior individual notice.
Effective Date of Changes: Any amendments will become effective immediately upon posting the updated Terms to the Website, indicated by the “Last Updated” date at the top of this document.
Continued Use: Your continued use of the Website following the posting of revised Terms constitutes Your express and unconditional acceptance of such changes. You are expected to check this page periodically to review the current Terms.

4. COMMUNICATIONS & CONSENT TO CONTACT (TCPA & ELECTRONIC DISCLOSURES)

4.1 Express Consent for Telephone Communications

By accepting these Terms, accessing the Website, or providing a telephone number to Nexa (via online form, chat, account setup, email, or telephone call), You expressly consent and authorize Nexa, its parent companies, subsidiaries, affiliates, agents, assignees, and third-party vendors/contractors to contact You for any purpose related to Your account(s), outstanding obligations, or Website use.

Authorized Technologies: Communications may be delivered using artificial or prerecorded voice messages, automated telephone dialing systems (ATDS), automatic texting systems, predictive dialers, and ringless voicemails.
Scope of Numbers: Consent applies to any telephone number You provide now or in the future, as well as any number reasonably associated with You or obtained through skip-tracing or public databases (including landlines, cellular numbers, and VOIP services).
Financial Responsibility: You acknowledge that message and data rates may apply from Your wireless carrier according to Your individual service plan.
Right to Revoke Consent: You have the right to revoke Your consent to receive automated or prerecorded calls and text messages at any time. To revoke consent, You must notify us through a reasonable and clear method, including:
- Replying “STOP” to any automated text message received from Nexa.
- Calling us toll-free at 1-877-501-0303.
- Submitting a written request via U.S. Mail to:
  - Nexa Optimum Solutions
    Attn: Compliance Dept.,
    14546 Hamlin Street, Ste. 201-B
    Van Nuys, CA 91411

4.2 Email & Private Communication Warranties

You explicitly represent and warrant that any email address provided to Nexa:

Is an active, private, personal email address accessible solely by You.
Is NOT an employer-provided email address, shared work email, or accessible by unauthorized third parties.
Serves as Your express written consent to receive debt-related communications electronically pursuant to FDCPA Regulation F (12 C.F.R. § 1006.6).

4.3 Call Monitoring and Recording Disclosure

You acknowledge, understand, and agree that any and all telephone calls, web chats, or electronic communications between You and Nexa (or its representatives) may be monitored and/or recorded without further notice for quality assurance, training, regulatory compliance, and legal verification purposes. Continued participation in any communication constitutes explicit consent to recording.

5. E-SIGN ACT DISCLOSURE AND ELECTRONIC COMMUNICATIONS CONSENT

Pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., by using the Website, You consent to receive all notices, disclosures, account statements, payment confirmations, and communications (“Documents”) electronically.

5.1 System Hardware & Software Requirements

To access and retain electronic Documents, You confirm that You meet the following minimum technical requirements:

An active Internet connection.
A valid, personal email account with software capable of sending and receiving email.
An updated web browser that supports 128-bit encryption and per-session cookies (e.g., modern versions of Chrome, Edge, Safari, or Firefox).
Software capable of opening and reading PDF files (e.g., Adobe Acrobat Reader).
A printer or local storage device if You wish to print or retain physical/electronic records.

5.2 Withdrawing Electronic Consent

You may withdraw Your consent to receive Documents electronically at any time by contacting Nexa in writing or by calling our compliance department. Withdrawing consent does not void any legal transactions previously completed. Upon withdrawal, Nexa reserves the right to restrict or terminate Your access to the online payment portal.

5.3 Requesting Paper Copies

You may request a paper copy of any electronic record at no charge within 180 days of its transmission by contacting Nexa in writing. Requesting a paper copy does not constitute a withdrawal of E-SIGN consent.

6. PAYMENT TERMS, AUTHORIZATIONS, AND REFUND POLICY

6.1 Payment Authorization (ACH, Debit, Credit Cards)

When You initiate a payment or establish a recurring payment plan through the Website, You designate a specific payment instrument (“Payment Method”) and represent that You are an authorized user of that account.

Execution Authorization: You authorize Nexa (and its designated third-party payment processors) to initiate one-time or recurring Automated Clearing House (ACH) debits, bank drafts, or credit/debit card charges against Your designated account for the specified payment amount on the selected date(s).
Bank Verification: You authorize Nexa to utilize third-party account validation services (e.g., bank validation databases) to verify account ownership, routing validity, and available funds prior to transaction processing.
Written Agreement: You agree that clicking “Submit,” “Pay Now,” or checking an authorization box constitutes a signed electronic writing authorizing the transaction under applicable law and NACHA operating rules.

6.2 Processing Timelines and Cutoff Times

Daily Cutoff: Payments submitted before 2:00 PM Pacific Time on a Business Day (Monday through Friday, excluding federal and bank holidays) are generally credited to Your account on the same day. Payments submitted after 2:00 PM Pacific Time or on non-business days will be credited on the next Business Day.
Funds Availability: You remain solely responsible for ensuring sufficient available funds in Your bank account prior to the scheduled transaction date.

6.3 Dishonored Payments, Returned Items, and Default Reinstatement

Non-Curing Statement: Submission of a payment does not instantly restore an account to good standing. If Your payment is dishonored, rejected, charged back, or fails to clear for any reason:
1. The payment credit will be immediately reversed.
2. Your account will revert to its prior delinquent, default, or legal status without further notice.
3. You will remain fully liable for the underlying balance, plus any applicable returned item fees, late charges, or statutory penalties permitted by contract or law.

6.4 Modifying or Voiding Recurring Payment Plans

To cancel or modify a recurring payment plan or turn off automatic payments, You must submit a request through the Portal or contact Nexa customer service at least two (2) Business Days prior to the scheduled Billing Date. Requests submitted less than two business days prior may not prevent the scheduled debit.

6.5 Overpayment and Refund Policy

Nexa will process refunds for payments under the following limited conditions:

System Errors: Payments processed in error due to a technical defect or administrative duplicate charge.
Overpayment: Payments received in excess of the total outstanding account balance.
Active Bankruptcy: Payments received after a valid bankruptcy petition was filed and notice was verified, where collection is stayed under 11 U.S.C. § 362.

Refunds will be credited to the original Payment Method or issued via corporate check within 14-30 business days following funds verification and clearing.

7. DECEASED CONSUMER ACCOUNTS

If You are accessing the Website or attempting to make a payment regarding an account associated with a deceased consumer:

Fiduciary Representation: By accessing the account, You represent and warrant that You are either (a) the court-appointed Executor or Administrator of the decedent’s estate, or (b) an individual legally authorized to manage or settle the decedent’s outstanding financial obligations. Unauthorized access is strictly prohibited under federal law.
Estate Disclosure: Nexa is seeking payment solely from the assets and proceeds of the decedent’s estate. Nexa is NOT holding You personally liable for the debt unless You are independently obligated under applicable law or contractual agreement.

8. USER OBLIGATIONS, SECURITY, AND PROHIBITED CONDUCT

8.1 Account Security & Credentials

If You create a User Account or access account management features:

You agree to provide accurate, complete, and current information.
You are solely responsible for maintaining the strict confidentiality of Your username, password, PIN, and account credentials.
You agree to immediately notify Nexa of any known or suspected unauthorized access, loss, or theft of Your login credentials. Nexa shall not be liable for any losses resulting from unauthorized account access prior to receipt of written notification.

8.2 Prohibited Activities & CFAA Warning

You agree that You will NOT, directly or indirectly:

Access or attempt to access non-public areas of the Website, server infrastructure, or databases.
Decompile, reverse engineer, disassemble, or attempt to derive source code from the Website.
Use any automated system, spider, scraper, bot, or data-mining tool to extract content from the Website.
Introduce computer viruses, worms, Trojan horses, ransomware, or malicious code to the platform.
Impersonate any person or entity, or misrepresent Your identity, authorization, or affiliation.
Interfere with or disrupt the security, integrity, or operational performance of the Website.

Criminal & Civil Liability: Unauthorized access or attempted circumvention of security controls is strictly prohibited and constitutes a violation of federal law under the Computer Fraud and Abuse Act of 1986 (18 U.S.C. § 1030) and state law, subjecting violators to civil litigation and criminal prosecution.

9. PROPRIETARY RIGHTS & INTELLECTUAL PROPERTY

The Website, including all content, designs, artwork, source code, user interfaces, visual graphics, software, logos, trademarks, and documentation (collectively, “Intellectual Property”), is the exclusive property of Nexa Optimum Solutions or its licensors and is protected by United States and international copyright, trademark, and trade secret laws.

Limited License: Nexa grants You a personal, revocable, non-exclusive, non-transferable, non-sublicensable limited license to access and view the Website solely for Your non-commercial, personal, and informational use in managing Your account.
Feedback Assignment: Any suggestions, comments, ideas, or feedback submitted by You regarding the Website shall become the sole and exclusive property of Nexa without compensation or obligation to You.

10. DISCLAIMER OF WARRANTIES

THE WEBSITE, CONTENT, MATERIALS, AND SERVICES PROVIDED THEREON ARE DELIVERED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WARRANTIES THAT THE WEBSITE WILL OPERATE UNINTERRUPTED, ERROR-FREE, SECURELY, OR WITHOUT DATA LOSS OR VIRUSES.
WARRANTIES REGARDING THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE WEBSITE.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXA OPTIMUM SOLUTIONS, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COMPUTER SYSTEM FAILURE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

YOUR USE OF OR INABILITY TO USE THE WEBSITE;
ANY DELAY, ERROR, OMISSIONS, OR INTERRUPTION IN PAYMENT PROCESSING;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES.

LIQUIDATED DAMAGES CAP: IF NEXA IS FOUND LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR WEBSITE USE, NEXA’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

12. INDEMNIFICATION

You agree to defend, indemnify, hold harmless, and release Nexa Optimum Solutions, its parent, affiliates, officers, directors, employees, agents, contractors, attorneys, successors, and assigns from and against any and all claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and litigation costs) arising out of or relating to:

Your violation of this Agreement or applicable laws;
Your misuse of the Website or unauthorized account activity;
Your breach of any representation, warranty, or covenant contained herein; or
Your infringement of any third-party intellectual property, privacy, or statutory right.

13. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY TRIAL.

13.1 Agreement to Arbitrate

You and Nexa agree that any controversy, claim, counter-claim, or dispute arising out of or relating in any way to this Agreement, Your use of the Website, Your account, or communications with Nexa (“Claims”) shall be resolved exclusively through mandatory, binding individual arbitration, rather than in court, governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq.

13.2 Small Claims Court & Public Injunctive Relief Carve-Outs

Small Claims: Either party may bring an individual action in a small claims court of competent jurisdiction, provided the claim remains in small claims court and seeks only individual relief.
California Consumers: To the extent required by California law, this arbitration provision shall not restrict a California resident from seeking public injunctive relief in arbitration pursuant to applicable statutory standards.

13.3 CLASS ACTION WAIVER

YOU AND NEXA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to conduct class arbitrations, private attorney general actions, or join/consolidate claims of multiple individuals.

13.4 Arbitration Administration and Rules

Administrator: Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or JAMS under its Comprehensive Rules.
Arbitrator Selection: A single neutral arbitrator shall be selected, who shall be a retired judge or an attorney with at least 15 years of experience in financial services law.
Location & Fees: If Your claim is for $10,000 or less, You may choose to conduct arbitration based on written submissions, telephonically, or in person in the county where You reside. Nexa will pay all filing and administrative fees in excess of the initial consumer filing fee under AAA rules.
Enforceability: The arbitrator’s decision is final, binding, and enforceable in any court of competent jurisdiction.

14. STATUTE OF LIMITATIONS ON WEBSITE 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 Your use of the Website, Portal, or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

15. GOVERNING LAW AND VENUE

Subject to the Federal Arbitration Act governing Section 13, this Agreement and all claims arising hereunder shall be governed by, construed, and enforced in accordance with the substantive laws of the State of California, without giving effect to conflict of laws principles.

To the extent any matter proceeds in court rather than arbitration, You consent to the exclusive personal jurisdiction and venue of the state or federal courts located in Los Angeles County, California, and explicitly waive any right to a trial by jury.

16. MISCELLANEOUS PROVISIONS

Severability: If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
Entire Agreement: This Terms and Conditions Disclosure, together with Nexa’s Web Privacy Policy, Master Privacy Notice, and California Privacy Disclosures, constitutes the entire agreement between You and Nexa concerning Website access and use, superseding all prior oral or written agreements.
Assignment: You may not assign or transfer this Agreement or Your rights hereunder without Nexa’s prior written consent. Nexa may assign its rights and obligations under this Agreement without restriction.
No Waiver: No failure or delay by Nexa in exercising any right under this Agreement shall operate as a waiver thereof.

17. CONTACT INFORMATION

For questions, notices, or compliance inquiries regarding these Terms and Conditions, please contact:

Nexa Optimum Solutions, LLC
Attn: Compliance Department
Address: 14546 Hamlin Street, Ste. 201-B
Van Nuys, CA 91411
Toll-Free Phone: 1-877-501-0303
Compliance Email: compliance@nexaoptimum.com