Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of the website at https://nexcell.org and the SMS messaging program operated by Nexcell ("Nexcell"), a service of Nexcell Surgical Specialists, LLC, a New Mexico limited liability company ("we," "us," "our"). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.

2. Use of the Site

You agree to use the Site only for lawful purposes. You may not:

• Use the Site in any way that violates federal, state, or local law.
• Attempt to gain unauthorized access to any part of the Site, our systems, or related services.
• Use the Site to transmit malware, viruses, or any harmful code.
• Engage in scraping, data mining, or automated data collection without our written permission.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

3. Medical Disclaimer

Information on the Site is for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions about a medical condition. Do not disregard professional medical advice or delay seeking it because of something you have read on the Site. If you think you may have a medical emergency, call 911 immediately. No physician–patient relationship is created by your use of the Site or by submitting a form.

4. Appointments & Forms

Submitting a form on the Site is a request for contact, not a confirmed appointment. Appointments are scheduled by our team after we have spoken with you and verified the information you provided. Nexcell sees outpatients by appointment at our Albuquerque clinic. Patients in skilled nursing facilities, LTACHs, and home-health programs are seen at the bedside through our surgeon-led bedside team service. Self-referral is welcome at our clinic — no provider referral required.

5. SMS / Text Messaging

If you opt in to receive text messages from Nexcell, you consent to receive automated messages at the phone number you provide. Marketing and transactional SMS consents are collected separately and are fully optional. Consent to receive SMS is not a condition of receiving care or services. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe; reply HELP for help. We will retain your phone number until you opt out.

6. Intellectual Property

All content on the Site — text, graphics, logos, photographs, and software — is the property of Nexcell Surgical Specialists, LLC or its licensors and is protected by U.S. and international copyright and trademark law. You may not reproduce, distribute, modify, or create derivative works without written permission.

7. User-Submitted Content

By submitting a form, review, photo, or other content to Nexcell (including via the Site, email, or third-party review platforms), you grant Nexcell a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, and display that content in connection with our services, marketing, and educational materials. You represent that you have the right to grant this license and that the content does not violate any third-party rights.

8. Third-Party Links

The Site may contain links to third-party websites. We do not control and are not responsible for their content, privacy practices, or business operations.

9. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NEXCELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEXCELL, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SITE.

11. Indemnification

You agree to indemnify and hold harmless Nexcell Surgical Specialists, LLC, its officers, employees, and agents from any claim or demand, including reasonable attorneys' fees, arising from your breach of these Terms or your misuse of the Site.

SMS Messaging Program Terms

SMS Program Description. Nexcell, operated by Nexcell Surgical Specialists, LLC, operates an SMS messaging program for patients and prospective patients. The program supports two types of messages: (a) Marketing messages, including notifications about new clinic services, community wound-care education, appointment availability, and clinic updates; and (b) Transactional messages, including appointment reminders, scheduling confirmations, intake instructions, post-visit follow-ups, and referral status updates.

Eligibility. You must be at least 18 years of age, or have the consent of a parent or legal guardian, to opt in to the Nexcell SMS program.

Opt-In. You may opt in by checking the applicable consent box on any form on https://nexcell.org that collects a phone number, including but not limited to https://nexcell.org/contact and https://nexcell.org/referral. Marketing and transactional consent are collected separately and are each optional. Consent to receive SMS messages is never a condition of receiving any service or care from Nexcell.

Opt-Out. You may opt out at any time by replying STOP, END, QUIT, CANCEL, or UNSUBSCRIBE to any message. After opting out, you will receive one final confirmation message and no further messages of that type. To opt back in, reply START or contact us directly.

Help. Reply HELP to any message to receive a response with our contact information. You may also call 505-624-8340 or visit https://nexcell.org.

Message Frequency. Marketing messages: approximately 2 to 6 per month. Transactional messages: approximately 4 to 12 per month based on your activity (appointments, follow-ups, referrals, intake steps).

Message and Data Rates. Msg & data rates may apply. Nexcell is not responsible for any charges from your wireless carrier related to receiving SMS messages. Check with your carrier for details about your message and data plan.

Supported Carriers. Carriers including AT&T, T-Mobile, Verizon, Sprint, U.S. Cellular, Boost, MetroPCS, Virgin Mobile, and Cricket are supported. Other carriers may also support the program.

Carrier Liability Disclaimer. Wireless carriers are not liable for any delayed or undelivered SMS messages. Nexcell is not responsible for any disruption in SMS service caused by carrier or third-party network issues.

Privacy. Your use of the SMS program is also governed by our Privacy Policy at https://nexcell.org/privacy-policy. We do not share, sell, or rent your mobile number or SMS opt-in data to third parties.

No PHI by SMS. SMS messages from Nexcell never include patient health information (PHI), diagnoses, lab results, or wound photos. SMS is used only for general scheduling, logistical, and educational content. Clinical communications occur via the patient portal, secure email, telehealth, or in-clinic visits.

12. Governing Law and Venue

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws principles. Any dispute arising from these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and you consent to personal jurisdiction in those courts.

13. Changes to These Terms

We may modify these Terms at any time. The "Last Updated" date reflects the latest revision. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

14. Severability

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

15. Contact

Nexcell Surgical Specialists, LLC
3901 Georgia St NE Suite C4
Albuquerque, NM 87110
Phone: 505-624-8340
Email: hello@nexcell.org