We may amend these Terms from time to time. If we make material changes to the Terms, we will notify you by posting a prominent notice on the Site. Any changes to these Terms will be effective immediately for new users of our Site; otherwise these changes will be effective immediately upon our posting of a notice on our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes.
When using the Site, you agree to comply with the following guidelines:
If you violate any of these Terms or other user guidelines posted on the Site, or if we believe that your conduct or Content is offensive or illegal, violates the rights of, harms, or threatens to harm third parties, or may create liability for The Next Evolution or third parties, we reserve the right (but are not obligated) to investigate and take appropriate legal action in our sole discretion, including but not limited to removing Content from the Site, notifying the appropriate authorities, barring you from accessing the Site, and terminating your Account.
These Terms will remain in full force and effect while you use the Site or maintain an Account. You may terminate your Account at any time and for any reason through the appropriate account management page on the Site. We have the right to terminate your Account, immediately effective upon sending notice to you at the e-mail address you provide in your Account. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or relating to our termination of your Account or your access to and use of the Site. Even after your Account is terminated for any reason, the following provisions of these Terms will remain in effect: 5 (Violation of Terms), 6 (Submission of Content), 7 (Ownership of Content), 8 (Trademarks), 12 (Indemnification), 13 (Disclaimer of Warranty), 14 (Limitation of Liability), 19 (Governing Law), and 20 (Arbitration).
Without limiting the foregoing, if you use, copy, distribute, sell, display, perform, sublicense or prepare derivative works of any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must return or destroy any copies of Site materials you have made. You may also be liable to us for any damages that result from your breach.
You grant to The Next Evolution a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, perform and display any and all Content (in whole or part) that you post or submit to the Site (“User Content”), and to incorporate the User Content in other works, in any form, media, or technology now known or later developed. You represent and warrant that: (a) you have the right to grant the foregoing license and to post and submit the User Content; and (b) the User Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content. We are not responsible or liable to you or any third party for the content or accuracy of any User Content posted by you or any user of the Site. We reserve the right in our sole discretion to delete any Content submitted to or appearing on the Site.
The Next Evolution and its licensors own the Site and all Content therein (other than your User Content) (“Site Content”) and all worldwide intellectual property rights relating to the foregoing. Except as expressly authorized by Th eNext Evolution, you may not copy, distribute, sell, lease, perform, display, sublicense, modify or prepare derivative works of the Site or Site Content, in whole or in part. We reserve all rights not expressly granted to you under these Terms. Any use of the Site not expressly permitted by these Terms will be deemed a breach of these Terms and may violate copyright, trademark, and other laws.
We will treat any feedback or suggestions you provide to as non-confidential and non-proprietary. You grant The Next Evolution the right to use any feedback or suggestions you provide in any manner and for any purpose without any obligation to compensate you.
The Next Evolution’s name and logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of The Next Evolution or its affiliates or licensors. You must not use any such trademarks without the prior written permission of The Next Evolution. All third party trademarks on the Site are the property of their respective owners and you should contact them directly for information related to use/licensing.
We may allow third parties to provide certain information displayed on the Site. Any third-party information is not sponsored, endorsed, recommended, or licensed by The Next Evolution. You should directly contact the third parties and/or their references for the most accurate information.
Your interaction, correspondence, or transactions with third parties using the Site, including participation in promotions or e-commerce (collectively, “Third Party Interactions”), and any terms, conditions, warranties, or representations associated with Third Party Interactions, are solely between you and such third parties. You agree that The Next Evolution shall not be responsible or liable for any loss or damage of any sort incurred in connection with your Third Party Interactions or the presence of such third parties on the Site. We reserve the right (but are not obligated), to monitor, or take any action we deem appropriate regarding disputes between you and third parties using the Site. To the extent permitted under applicable laws, you hereby release The Next Evolution from any and all claims or liability related to: (a) any Content posted on the Site by third parties; or (b) the conduct, whether online or offline, of any third party.
You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We reserve the right from time to time to modify the Site, suspend access to all or portions of the Site, or close the Site indefinitely, with or without notice. You agree that we will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Site, in whole or in part.
You agree to indemnify, defend and hold harmless The Next Evolution, its affiliates, governing board, officers, agents, employees, partners, and suppliers from any liability, loss, claim, demand, costs and expenses (including reasonable attorneys’ fees) related to:
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE NEXT EVOLUTION’S WARRANTY TO THE EXTENT SUCH WARRANTY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONDITIONS. ACCORDINGLY, ONLY THE EXCLUSIONS AND LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE, SITE CONTENT, AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE NEXT EVOLUTION EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN PARTICULAR, NEITHER THE NEXT EVOLUTION NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES REPRESENTS OR WARRANTS TO YOU THAT: YOUR USE OF THE SITE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, FREE OF VIRUSES OR OTHER HARMFUL CODE; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED
YOU DOWNLOAD OR OBTAIN MATERIAL FROM THE SITE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE NEXT EVOLUTION OR THROUGH OR FROM THE SITE OR SITE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE NEXT EVOLUTION’S LIABILITY FOR LOSSES TO THE EXTENT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS AND EXCLUSIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY AGREE THAT THE NEXT EVOLUTION, ITS AFFLIATES, GOVERNING BOARD, OFFICERS, AGENTS, EMPLOYEES, PARTNERS OR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING:
(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH THE SITE, SITE CONTENT, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE IN CONNECTION WITH:
THE LIMITATIONS ON THE NEXT EVOLUTION’S LIABILITY TO YOU IN THE ABOVE PARAGRAPHS SHALL APPLY WHETHER OR NOT THE NEXT EVOLUTION HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
THE NEXT EVOLUTION’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SITE, SITE CONTENT, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, AND THESE TERMS WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS ($50 USD), EXCEPT THAT, WITH RESPECT TO ANY DONATED GOODS OR SERVICES RECEIVED THROUGH THE SITE, THE NEXT EVOLUTION’S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF THE DEFECTIVE GOOD OR REPERFORMANCE OF THE SERVICE, OR AT THE NEXT EVOLUTION’S ELECTION, TO THE REPAYMENT OR CREDITING TO YOU OF AN AMOUNT EQUAL TO THE PRICE OF THE GOODS OR SERVICES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
The Next Evolution takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law (including, in the United States, the Digital Millennium Copyright Act), and we maintain a policy of terminating the Accounts of repeat offenders. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by submitting written notification to our Copyright Agent.
The written notice must include substantially the following:
The Next Evolution’s Copyright Agent can be reached as follows:
The Next Evolution, NFP
Attn: Legal Department
4245 N Knox Ave #32, Chicago, IL 60641
For contractual purposes, you (a) consent to receive communications from The Next Evolution in an electronic form (whether we post notices on the Site or communicate with you via email); and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we electronically provide to you satisfy any legal requirement that such communications would satisfy if they were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Any notices to you by The Next Evolution may be made by either email or regular mail.
These Terms and any Additional Terms constitute the final, complete, and exclusive agreement between you and The Next Evolution regarding the Site and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between you and The Next Evolution (including, but not limited to, any prior versions of these Terms).
These Terms and the resolution of any controversy or claim arising out of or related to these Terms or the Site (“Claim”) shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. The Next Evolution’s failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. All waivers will be effective only if in writing. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. You acknowledge that the Site and Site Content contains valuable trade secrets and proprietary information of The Next Evolution, that any actual or threatened breach of the Section entitled “Ownership of Content and Intellectual Property Rights” will constitute immediate, irreparable harm to The Next Evolution for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The section headings in these Terms are for convenience only and have no legal or contractual effect. “Includes” and “including” are not limiting.
Regardless of any statute or law to the contrary, you hereby waive your right to bring any Claim against The Next Evolution more than 1 year after such Claim first arose.
All Claims will be settled by binding arbitration in accordance with the Comprehensive Arbitration Rules of JAMS. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. You consent to the arbitration being conducted in the English language and in the county of Cook, Illinois. Each party will bear its own costs incurred in such arbitration proceeding. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, The Next Evolution may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.