Term and Conditions
For subscription-based Services, this Agreement shall be effective for three months from the date Subscriber registers for the Services. Single-use Services shall expire once the session with the Next Innovations representative terminates. In addition, Next Innovations may cancel the Services at any time if Next Innovations, in its discretion, determines that Subscriber's use of the Services is excessive, inconsistent with the scope of the Services, abusive, or inappropriate.
Notice of the natural expiration of this Agreement may not be provided, and Next Innovations is not liable for any damages that may result from expiration or termination of the Agreement. Subscriber may purchase additional subscriptions to the Services through the Next Innovations website. Any breach of this Agreement shall immediately terminate Subscriber's subscription to the Services and/or may limit Subscriber's access to the Services. No refunds shall be provided upon termination of the Agreement.
Disclaimer
ANY SOFTWARE IS PROVIDED TO SUBSCRIBER "AS IS" BY Next Innovations, AND ANY USE OF PROVIDED SOFTWARE IS AT SUBSCRBER'S OWN RISK. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. Next Innovations DOES NOT WARRANT THE PERFORMANCE OF ANY SOFTWARE AND DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Next Innovations DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT. Next Innovations DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY.
Limitation of Liability.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, Next Innovations AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNATIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM (A) THE USE OF THE SERVICES, (B) ANY DELAY OR INABILITY TO USE OR CLAIM THE SERVICES, (C) ANY VOIDANCE OF A WARRANTY ON THIRD PARTY PRODUCT OR SERVICE RESULTING FROM USE OF THE SERVICES (D) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICES, (E) UNAUTHORIZED THIRD PARTY ACCESS TO A COMPUTER, OR (F) ANY USE OF ON SITE SERVICES BUNDLED WITH THE SERVICES. Next Innovations IS NOT LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THESE LIMITATIONS APPLY WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND APPLY EVEN IF Next Innovations, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL Next Innovations TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE FEES PAID BY SUBSCRIBER TO Next Innovations FOR THE SERVICES. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
Force Majeure.
Next Innovations is not responsible for any cessation, interruption or delay in the operation of the Services or the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party. Next Innovations is not liable for any failure or delay caused by problems with Internet connections.
Governing Law; Venue.
Subscriber and Next Innovations agree that any disputes related to this Agreement shall be governed in all respects by and construed in accordance with the laws of the USA.
Entire Agreement.
This Agreement shall constitute the entire Agreement between the parties. Any waiver of this Agreement shall only be effective if it is in writing and signed by both parties. Next Innovations may change, modify, amend, suspend or discontinue any aspect of the Services in its sole discretion, including pricing, scope of the Services, its website, and the Services available in any subscription plan. Such changes will be made without notice or liability to Subscriber or to any third party. Next Innovations may impose limits on certain features of the Services at any time. Next Innovations may amend this Agreement at any time by posting a copy of the amended Agreement on the Next Innovations website. Such amendments may be made in Next Innovations's sole discretion and are binding when posted. Subscriber must review the Agreement periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of any changes. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
Next Innovations is not bound by any representation of (i) any agent, representative or employee of any third party; or in (ii) information posted on the Next Innovations website of a general informational nature.
General Information
This version of the Terms is effective as of December 2012. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and Next Innovations and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and Next Innovations. The failure of Next Innovations to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties" intentions as reflected in the provision and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms without Next Innovations express written consent. The Terms inure to the benefit of Next Innovations successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
For subscription-based Services, this Agreement shall be effective for three months from the date Subscriber registers for the Services. Single-use Services shall expire once the session with the Next Innovations representative terminates. In addition, Next Innovations may cancel the Services at any time if Next Innovations, in its discretion, determines that Subscriber's use of the Services is excessive, inconsistent with the scope of the Services, abusive, or inappropriate.
Notice of the natural expiration of this Agreement may not be provided, and Next Innovations is not liable for any damages that may result from expiration or termination of the Agreement. Subscriber may purchase additional subscriptions to the Services through the Next Innovations website. Any breach of this Agreement shall immediately terminate Subscriber's subscription to the Services and/or may limit Subscriber's access to the Services. No refunds shall be provided upon termination of the Agreement.
Disclaimer
ANY SOFTWARE IS PROVIDED TO SUBSCRIBER "AS IS" BY Next Innovations, AND ANY USE OF PROVIDED SOFTWARE IS AT SUBSCRBER'S OWN RISK. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. Next Innovations DOES NOT WARRANT THE PERFORMANCE OF ANY SOFTWARE AND DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Next Innovations DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT. Next Innovations DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY.
Limitation of Liability.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, Next Innovations AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNATIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM (A) THE USE OF THE SERVICES, (B) ANY DELAY OR INABILITY TO USE OR CLAIM THE SERVICES, (C) ANY VOIDANCE OF A WARRANTY ON THIRD PARTY PRODUCT OR SERVICE RESULTING FROM USE OF THE SERVICES (D) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICES, (E) UNAUTHORIZED THIRD PARTY ACCESS TO A COMPUTER, OR (F) ANY USE OF ON SITE SERVICES BUNDLED WITH THE SERVICES. Next Innovations IS NOT LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THESE LIMITATIONS APPLY WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND APPLY EVEN IF Next Innovations, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL Next Innovations TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE FEES PAID BY SUBSCRIBER TO Next Innovations FOR THE SERVICES. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
Force Majeure.
Next Innovations is not responsible for any cessation, interruption or delay in the operation of the Services or the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party. Next Innovations is not liable for any failure or delay caused by problems with Internet connections.
Governing Law; Venue.
Subscriber and Next Innovations agree that any disputes related to this Agreement shall be governed in all respects by and construed in accordance with the laws of the USA.
Entire Agreement.
This Agreement shall constitute the entire Agreement between the parties. Any waiver of this Agreement shall only be effective if it is in writing and signed by both parties. Next Innovations may change, modify, amend, suspend or discontinue any aspect of the Services in its sole discretion, including pricing, scope of the Services, its website, and the Services available in any subscription plan. Such changes will be made without notice or liability to Subscriber or to any third party. Next Innovations may impose limits on certain features of the Services at any time. Next Innovations may amend this Agreement at any time by posting a copy of the amended Agreement on the Next Innovations website. Such amendments may be made in Next Innovations's sole discretion and are binding when posted. Subscriber must review the Agreement periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of any changes. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
Next Innovations is not bound by any representation of (i) any agent, representative or employee of any third party; or in (ii) information posted on the Next Innovations website of a general informational nature.
General Information
This version of the Terms is effective as of December 2012. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and Next Innovations and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and Next Innovations. The failure of Next Innovations to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties" intentions as reflected in the provision and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms without Next Innovations express written consent. The Terms inure to the benefit of Next Innovations successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.