Terms of Use

Last Modified: July 17, 2025

Welcome to www.nexicustompillow.com. (this “Site” or this “website”) Nexi Custom Pillow, a DBA of Foot Levelers Inc. and/or its affiliates (“Nexi Custom Pillow”, “Company,” “we,” or “us”) provide website and application features and services to you when you visit www.nexicustompillow.com or use any Nexi Custom Pillow application, website, or Nexi Custom Pillow services (collectively, “Nexi Custom Pillow Services”). 

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms” or “Terms and Conditions”) CAREFULLY BEFORE USING THIS SITE OR ANY NEXI CUSTOM PILLOW SERVICES.

By using any Nexi Custom Pillow Services, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site or any Nexi Custom Pillow Services! By using any Nexi Custom Pillow Services, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference.  

Nexi Custom Pillow provides the Nexi Custom Pillow Services subject to the following conditions:

Nexi Custom Pillow (“Nexi Custom Pillow”) may revise and update these Terms and Conditions at any time. Your continued usage of the Nexi Custom Pillow Services will mean you accept those changes. 

The Site Does Not Provide Medical Advice

The contents of any Nexi Custom Pillow Services, such as text, graphics, images, information obtained from Nexi Custom Pillow’ licensors, and other material contained on any Nexi Custom Pillow Services (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your chiropractor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on any Nexi Custom Pillow Services!

If you think you may have a medical emergency, call your doctor or 911 immediately. Nexi Custom Pillow does not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Nexi Custom Pillow, Nexi Custom Pillow employees, others appearing on any Nexi Custom Pillow Services at the invitation of Nexi Custom Pillow, or other visitors to any Nexi Custom Pillow Services is solely at your own risk.

Data Protection and Prohibited Use of the Nexi Custom Pillow Locator (Provider Finder)

This is a contract. It contains the terms and conditions under which you (the “User”) may access and utilize the Nexi Custom Pillow Locator. By marking the checkbox that precedes the sentence, “I have read, understand and agree to the terms below (required)”, and by then clicking on the box “Find a Healthcare Provider”, the User is entering into this contract and is agreeing to every one of the terms and conditions set forth herein. If the User does not agree with, and does not consent to, all of these terms and conditions, the User may not use the Nexi Custom Pillow Locator and must exit the Nexi Custom Pillow Locator webpage.

The Nexi Custom Pillow Locator may be used for the sole purpose of locating a nearby healthcare practitioner for the rendering of personal treatment. The Nexi Custom Pillow Locator may not be used for any other purpose whatsoever. It is expressly forbidden to access the Nexi Custom Pillow Locator and/or use any of the data or information contained therein, including the names, addresses, and any other contact information, of the healthcare practitioners, for any reason other than the location of a practitioner for the rendering of personal treatment. Any other use constitutes a forbidden use. The forbidden uses (“Forbidden Uses”) include, but are not limited to: using any portion of the data, information, and materials (collectively, the “Information”) contained in the Nexi Custom Pillow Locator webpage to mail or otherwise deliver (or attempt to mail or deliver, including by electronic means) any material of any kind to the healthcare practitioner, including any marketing, advertising or solicitation materials; any kind of commercial purposes, whether for the benefit of the User or any other person or entity; using any portion of the Information to contact the healthcare practitioners for any reason other than the rendering of personal treatment; copying, crawling, scraping, extracting, downloading, reverse engineering, or harvesting any portion of the Information, whether through manual or automated means; using any portion of the Information to establish a new list, information, or materials or to correct and/or supplement any other list, information or materials; adding any of the Information to any existing list, information, or materials; examining, loaning, copying, duplicating, altering, publishing, or selling any portion of the Information; and using the Information for any reason other than for the sole purpose of locating a practitioner for the rendering of personal treatment.

The User hereby represents and warrants that the sole and exclusive purpose for accessing and/or using the Nexi Custom Pillow Locator is to find a healthcare practitioner for the rendering of personal treatment, and for no other reason, purpose or use whatsoever. The User specifically represents and warrants that the Nexi Custom Pillow Locator is not being accessed for the purpose of, or to facilitate, any of the Forbidden Uses. The User certifies that he, she or it will never engage in any of the Forbidden Uses. The User acknowledges that these representations and warranties constitute a material and essential inducement for Nexi Custom Pillow to grant access to the Nexi Custom Pillow Locator, and if the representations and warranties were not made, the User would not be granted access. The User acknowledges that Nexi Custom Pillow is relying on the User to make these representations and warranties honestly.

The User understands and acknowledges that the Information includes fictitious names and addresses, which are used by Nexi Custom Pillow to monitor the use of the Information and to detect any unauthorized use of the Information, including any of the Forbidden Uses. The User understands and acknowledges that if any of the information is used to send written or electronic material to the healthcare practitioners, Nexi Custom Pillow will receive a copy of the mailing and reserves the right to take all appropriate action against the User and others, including the filing of a lawsuit, regarding any Forbidden Uses. The User agrees, as a further material and essential term of these terms and conditions, and in addition to all other remedies which may be available to Nexi Custom Pillow at law or equity, to pay Nexi Custom Pillow a fee of $5 per name and address, each time that the User makes any Forbidden Use of the Information, or any portion thereof, in violation of these terms and conditions. The fee shall be immediately due and payable when the User engages in any of the Forbidden Uses.

The User specifically agrees, acknowledges and stipulates that the $5 fee set forth herein represents a good faith effort, in light of the facts and circumstances known at this time, to approximate and recover the annual cost to Nexi Custom Pillow to prepare, compile, update and verify the Information. The User further agrees that in addition to the assessment of any fees and seeking any other remedies available to Nexi Custom Pillow at law or equity, that upon discovery of User engaging in any Forbidden Use, Nexi Custom Pillow may immediately block or restrict User’s access to the Nexi Custom Pillow Locator webpage, disable User’s account, and report the Forbidden Use to law enforcement or third party service providers, if necessary. The User further agrees, acknowledges and stipulates that the Information is unique and requires substantial effort by Nexi Custom Pillow to prepare, update, verify and compile and that Nexi Custom Pillow shall be entitled to injunctive relief to bar and prohibit the User from any further Forbidden Uses. The User agrees that these terms and conditions shall be governed solely by the laws of the Commonwealth of Virginia and that these terms and conditions are entered into in the Commonwealth of Virginia. If any dispute arises out of, or is related to, these terms and conditions, the sole and exclusive venue and forum for the resolution of such dispute shall be the state and local courts located in the City of Roanoke, Virginia, and the User irrevocably submits to personal jurisdiction of said courts. The User agrees that in the event of any controversy or dispute arising out of these terms and conditions, regardless whether a lawsuit is filed, the prevailing party or parties shall be entitled to recover from the non-prevailing party or parties reasonable expenses, including, without limitation, attorney’s fees and costs actually incurred, as well as fees and costs incurred in the enforcement of any judgment and collection of any sums owed. In the event that any portion of these terms and conditions is deemed unenforceable for any reason, the User specifically agrees that all other portions shall be enforced. No change, modification, addition, or amendment to these terms and conditions shall be valid unless in writing and signed by all parties hereto. If you have any questions regarding these terms and conditions please contact contact@nexicustompillow.com

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.

Use of Content

Nexi Custom Pillow authorizes you to view or download a single copy of the material on any Nexi Custom Pillow Services solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © Nexi Custom Pillow, Inc. All rights reserved” and other copyright and proprietary rights and notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on any Nexi Custom Pillow Services may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Nexi Custom Pillow or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Nexi Custom Pillow. All rights not expressly granted herein are reserved to Nexi Custom Pillow and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of Nexi Custom Pillow and Its Licensors

The use of any Nexi Custom Pillow Services and the Content is at your own risk.

When using any Nexi Custom Pillow Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Nexi Custom Pillow and its suppliers. Accordingly, Nexi Custom Pillow assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of any Nexi Custom Pillow Services.

Nexi Custom Pillow Services and the content are provided on an “as is” basis. NEXI CUSTOM PILLOW, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Nexi Custom Pillow, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of any Nexi Custom Pillow Services or Nexi Custom Pillow.

2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on any Nexi Custom Pillow Services.

In no event shall Nexi Custom Pillow, its licensors, its suppliers, or any third parties mentioned on any Nexi Custom Pillow Services be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use any Nexi Custom Pillow Services or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Nexi Custom Pillow, its licensors, its suppliers, or any third parties mentioned on any Nexi Custom Pillow Services are advised of the possibility of such damages. Nexi Custom Pillow, its licensors, its suppliers, or any third parties mentioned on any Nexi Custom Pillow Services shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Nexi Custom Pillow, its licensors, its suppliers, or any third parties mentioned on any Nexi Custom Pillow Services are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Submissions

The personal information you submit to Nexi Custom Pillow is governed by the Nexi Custom Pillow Privacy Policy. To the extent there is an inconsistency between this Agreement and the Nexi Custom Pillow Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, postings, user reviews, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to Nexi Custom Pillow by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Nexi Custom Pillow by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Nexi Custom Pillow by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Nexi Custom Pillow a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Nexi Custom Pillow may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Nexi Custom Pillow by email. We try to answer every email in a timely manner, but are not always able to do so.

User Submissions — Image, Video, Audio Files

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on any Nexi Custom Pillow Services, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the Nexi Custom Pillow Privacy Policy. YOU SPECIFICALLY ACKNOWLEDGE THAT NEXI CUSTOM PILLOW SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media like a photo or video, (a) you grant to Nexi Custom Pillow a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Nexi Custom Pillow to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Nexi Custom Pillow and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.

Nexi Custom Pillow reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords

Nexi Custom Pillow has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Nexi Custom Pillow passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Nexi Custom Pillow account and password; (3) promptly inform Nexi Custom Pillow of any need to deactivate a password. You grant Nexi Custom Pillow and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Nexi Custom Pillow cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Nexi Custom Pillow tools and services.

Nexi Custom Pillow Community and Member-to-Member Areas (“Public Areas”)

If you use a Public Area, such as message boards, blogs, postings, User Reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Nexi Custom Pillow and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Nexi Custom Pillow in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or “spamming”; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Nexi Custom Pillow, exposes Nexi Custom Pillow or any of its customers or suppliers to any liability or detriment of any type.

Nexi Custom Pillow Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user’s access to any or all Public Areas and/or any Nexi Custom Pillow Services upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on any Nexi Custom Pillow Services, regardless of whether such communication(s) violate these standards.

Nexi Custom Pillow or its licensors have no liability or responsibility to users of any Nexi Custom Pillow Services or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites

Nexi Custom Pillow may provide links to third-party websites. Nexi Custom Pillow also may select certain sites as priority responses to search terms you enter and Nexi Custom Pillow may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Nexi Custom Pillow does not recommend and does not endorse the content on any third-party websites. Nexi Custom Pillow is not responsible for the content of linked third-party sites, sites framed within any Nexi Custom Pillow Services, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy.

Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Nexi Custom Pillow does not endorse any product, service, or treatment advertised on any Nexi Custom Pillow Services.

Indemnity

You agree to defend, indemnify, and hold Nexi Custom Pillow, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Texting

If you have subscribed to a Nexi Custom Pillow text message program (“program”), the program will include text message services, including advertisements for products that Nexi Custom Pillow sells and informational messages regarding educational seminars. Such text messages may be sent using an automatic telephone dialing system and may be sent using SMS, M MS, or other technology. Consent to receive such text messages is not required as a condition of purchasing any goods or services. By signing up for the program you authorize Nexi Custom Pillow to use automated technology to send messages to the mobile phone number you supply when you sign up. You may receive up to 5 text messages per month.

Although Nexi Custom Pillow does not charge you for these text message, standard message and data rates may apply. Certain text messages may be prohibited or restricted by your mobile carrier, and not all text messages may work with all carriers or devices. It is your responsibility to check with your mobile carrier to determine if the text messages from Nexi Custom Pillow are available for your mobile devices, what restrictions, if any, may be applicable to your receipt of text messages from Nexi Custom Pillow, and how much they will cost you. By signing up to receive text messages from Nexi Custom Pillow, you agree to receive text messages from Nexi Custom Pillow. Nexi Custom Pillow will not be responsible for any text messaging or other wireless charges incurred by you or a person who has access to your wireless device or telephone number. After signing up, you will receive a confirmation text message and you may need to reply “Y” or “yes” to complete your sign-up. In the event you change or deactivate your mobile telephone number, you agree to promptly update your text message subscription account information to ensure that the text messages Nexi Custom Pillow sends you are not sent to another person who acquires your former mobile telephone number. Your use of the program is subject to Nexi Custom Pillow Privacy Policy.

General

Nexi Custom Pillow is based in Roanoke, Virginia, in the United States of America with principal offices in Roanoke, Virginia. Nexi Custom Pillow makes no claims that Nexi Custom Pillow, or any Site within the Nexi Custom Pillow Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Nexi Custom Pillow Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The Following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions - image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Nexi Custom Pillow, or in any way relating to your use of any Nexi Custom Pillow Services, resides in the courts of the City of Roanoke, Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the City of Roanoke, Virginia in connection with any such dispute including any claim involving Nexi Custom Pillow or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from any Nexi Custom Pillow Services infringe your copyright, you may request removal of those materials (or access thereto) from any Nexi Custom Pillow Services by contacting Nexi Custom Pillow’ copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Nexi Custom Pillow’ agent for copyright issues relating to this website is as follows:

Nexi Custom Pillow

Attn: Internet Marketing Manager.

P.O. Box 12611

Roanoke, VA 24027