Last modified on August 30, 2023.
Service Description And Term Of Service
NextMe provides waitlist management services, enabled with a variety of notification methods for Subscribers to communicate with their Customers via the NextMe Sites and App, plus a number of convenience, quality and functional features. You acknowledge and agree that we may alter, expand, or reduce the features and functionality of the service from time to time without notice. You further acknowledge that not all Services can be guaranteed to perform acceptably from all locations including, but not limited to, when used with mobile telephones, tablets, pay phones or satellite phones due to various in-country, carrier or other restrictions.
The Services are offered both as a free service to Customers and a paid service to Subscribers. The paid Service is offered on a month-to-month basis, beginning on the date NextMe activates the Service, and automatically renews on a monthly basis. However, NextMe may also offer the Service for a one-year term pursuant to optional annual pricing plans. NextMe may also offer custom agreements for provision of Services under an enterprise plan. Enterprise plans are negotiated on a case-by-case basis and the cost and scope of Services are unique to each case. Either party to the paid Services (Subscriber or NextMe) may terminate the Services at any time for any reason or no reason with written notice to the other party. Subscribers may terminate the Service through the NextMe website or by e-mailing [email protected]. Termination of the Service shall be effective as of: (1) the end of the monthly billing period for subscribers who subscribe to the Service on a month-to-month basis or (2) the end of the annual billing period for subscribers who subscriber to the Service on an annual, one-year term. If you terminate Service prior to the end of the monthly or annual billing period, you will not be entitled to billing credits or refunds for the unused portion of your billing period or unused prepaid usage credits; however, in such instances, we will continue to provide you with access to the Service through the end of the monthly or annual billing period.
Either party to the free Services (Customer or NextMe) may terminate the Services at any time for any reason or no reason, without notice to the other party.
Change of Services and Transition to New Plans
Any Customer currently subscribed on a month-to-month Services Plan, in order to transition to the newer version of the NextMe Services, Customer will need to enroll in a new plan and accept the associated payment terms. For existing Customers on an annual Services Plan or a custom enterprise multi-year plan, NextMe will honor current billing rates through the end of Customer’s current applicable contract.
Free Trial Offer
From time to time, NextMe may allow new Subscribers pursuant to a promotional offer granting a free trial for the Services (“Free Trial”). A Free Trial will be in effect for a period of fourteen (14) days, unless we state otherwise in writing. If Subscriber receive a Free Trial, Subscriber will receive free use of the Services solely for the limited period of time, and Subscriber acknowledges that its use of the Service shall be subject to the Terms herein and all other restrictions, limitations and conditions identified in the specific promotional offer. Notwithstanding any other provision in this Agreement, all Free Trial subscriptions are provided solely as an accommodation to Subscriber, and NextMe reserves the right, at all times in its sole discretion, to terminate any Free Trial at any time without notice. Once the Free Trial period expires or NextMe terminates the Free Trial, Subscriber is ineligible to, and may not, subsequently establish another Free Trial account under the same or any other identity, unless expressly permitted to do so under the terms of a specific promotional offer. After expiration of a Free Trial period, any use of the Services by Subscriber will incur fees and charges according to the rates and terms set forth in published materials and found on the NextMe website.
NextMe offers event organizers a one-time flat-fee pricing for Services for a specific event that does not automatically renew an (“Event License”). If Subscriber elects to purchase a flat-fee Event License, NextMe will cease providing the Services at the termination of the Event License and the Services will not automatically renew. There is no limit on the number of SMS texts or entries that can be input into the NextMe App during the term of the Event License.
Promotional Offers for New Subscribers
From time to time, we may offer discounts and/or special incentives exclusively for new Subscribers. Notwithstanding any other provision in this Agreement, we reserve the right, at all times in our sole discretion, to terminate any promotional offer at any time without notice. Unless expressly permitted under the terms of a specific promotional offer, current and former Subscribers, under the same or any other identity, are ineligible for any promotional offer reserved for new Subscribers.
Termination for Cause
Either party to the paid Services may terminate this Agreement at any time in the event that the other party breaches any provision of this Agreement in any material respect and fails to cure such breach within 30 days after receipt of written notice of such breach. Either party to the free Services may terminate his Agreement at any time for any reason or no reason in said party’s sole discretion. Notwithstanding the foregoing, NextMe, may terminate this Agreement and/or suspend the provision of the Service immediately for: illegal, fraudulent, excessive or improper use of the Service or if deemed reasonably necessary by NextMe to prevent interruption or disruption to the NextMe system, its business or other customers; if any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid when due; or for breach, not subject to cure. NextMe shall not be liable to You or any third party should we exercise our right to discontinue Service, in whole or in part, or terminate this Agreement pursuant to this section.
Availability of Services
From time to time, the Services may not be available for reasons including, without limitation, routine maintenance or technical problems. By accessing and using the Services, You understand and agree that access to the Services may be interrupted, suspended, terminated, or otherwise limited from time to time, and this in no way holds NextMe liable for any damages arising out of Your inability to access the Services (see Limitation of Liability section below). Further, we reserve the right to refuse service, terminate accounts, and remove or edit content (including 3rd party content) on the Services.
If You agreed to use a pre-release version of the App (a “Beta”), the terms of this Agreement shall govern and apply to Your use of the Beta and You may use the Beta only in accordance the terms of this Agreement. By using the Beta, You may receive features, designs, and interfaces that we are testing and that we have not made available in the official release version of the App. Therefore, You acknowledge that parts of the Beta may not be complete and may contain errors and that the Beta may not function properly, for its intended purpose, nor uninterrupted. You acknowledge and understand that use of the Beta may result in a disruption of your business and You agree and understand that the limitation of liability and disclaimers described in Section 9 also apply to Your use of the Beta.
Use of Service
Responsibility for Account Information
In connection with Your use of the Services, You will be asked to provide an email address and specify a password in connection with Your use of the Services. You are solely responsible for maintaining confidentiality of Your password and account information, and all identification and security codes that control access to the Services. You acknowledge that You are solely responsible for all uses of the Services, and for all actions of any individual who uses the Services, in association with Your account, whether or not authorized by You, as if all acts, omissions, or uses were caused by You. You agree to promptly notify us in writing if You become aware that Your account information and account access have been stolen or otherwise compromised. You must provide a detailed description of the circumstances and supply any additional documentation reasonably requested by us. Failure to do so in a timely manner may result in the termination of your Service and additional charges.
Responsibility for Communications and Content
You are the sole owner of and solely responsible for the content of all communications related to, originating from, or otherwise using Your account. You must comply with all applicable laws and regulations while using the Services; You must not transmit any communication that violates any law, court order or regulation; You must not violate any third party rights in using the Services; and You must not use the Services in any way that damages, interferes with, or disrupts NextMe’s system or other users of the Services.
For Subscriber businesses relating to health care services, Subscriber must not collect or store any information that would be designated as Protected Health Information (“PHI”) without proper compliance with the applicable laws and standards governing collection and handling of such information, including but not limited to the Health Insurance Portability and Accountability Act (“HIPAA”). We reserve the right to suspend communications that, in our sole discretion, violates the foregoing. Subscriber understands and agrees that its use of the Services and any content is solely at its own risk. Subscriber further agrees to indemnify and hold NextMe harmless in the event that Customer PHI is inadvertently or intentionally disclosed or if Subscriber action or inaction otherwise violates any provision of HIPAA or any other laws and standards governing collection and handling of PHI and personally identifiable information (“PII”).
For Customers entering PII or PHI, Customer agrees and acknowledges that NextMe is not responsible and has no control over the collection and handling of PII or PHI by Subscribers to the Services. Customer understands and acknowledges that Customer’s use of the Services that its use of the Services and any content is solely at its own risk. Customer further agrees to indemnify and hold NextMe harmless in the event that Customer PHI is inadvertently or intentionally disclosed or if Subscriber action or inaction otherwise violates nay provision of HIPAA or any other laws and standards governing collection and handling of PHI and PII.
Consent to Receive E-mail
You must have a valid e-mail address to use our Services. By establishing a paid or trial account with NextMe, downloading the App, or otherwise utilizing the Services, You consent to receive periodic email communication from us concerning services and billing, including without limitation, notices of service updates, payment transactions, payment methods, conference reports, and other correspondence required for administration of the Service. NextMe does not provide paper invoices, payment receipts, or instructions; You are expected to manage the Services through the NextMe Sites or the App, and we expect to communicate with You as necessary via email, the NextMe Sites and the App.
Your Information and Protection
NextMe may collect different kinds of information from and about You, including, but not limited to:
- Customer and Subscriber Provided Information: Either Customer, Subscriber or both may provide certain PII (such as name, email address, phone number, etc.) and/or PHI to NextMe when using the NextMe Sites or the App. Customer may choose not to provide PII or PHI through the NextMe Sites or the App, in which case we may not be able to provide certain services or functionality to Customer.
- Your Usage: We may collect information on how You use the Services, such as features You use, actions You take, and when You’ve last used the Services, as well as information about purchases and transactions made using the Services, advertising published on the App, or the NextMe Sites, including credit card or debit card numbers, as well as other account authenticating information.
- Log File Information: When You visit the NextMe Sites or utilize the NextMe App, we may collect and record information including but not limited to Your web request, IP address, browser type, platform type, number of clicks, landing pages, pages viewed, and other information related to your visit(s). If Your personal information changes, or if you wish to have Your information removed from our database, please contact us at [email protected] to make any requests and we will correct, update or remove that personal data provided to us within 14 business days.
The Way NextMe Uses Information Collected
If a Customer inputs PII or PHI into the NextMe Sites or the App, Customer understands that such information is also provided to the Subscribers to the Services with whom Customer interacts. We use your personal information to operate, maintain, and provide you the features and functionality of the NextMe Sites and App. In addition, we may add you to mailing lists, utilize any such information to allow Subscribers to provide targeted marketing to Customers, perform Customer analytics, identify behavioral patterns, identify shopping patterns, and other data studies and uses. NextMe will only use PII and PHI to perform duties or obligations under this Agreement, as authorized elsewhere under this Agreement, or in accordance with any applicable laws. Neither PII or PHI will be disclosed to any person or entity other than NextMe’s employees, subcontractors, or affiliates to perform under or as otherwise authorized in this Agreement. NextMe does not and will not sell any PII or PHI input into the NextMe Sites or the App.
Resale and Transfer
You are expressly prohibited from reselling or transferring the Service and/or software to any other person or entity for any purpose, without prior written consent from NextMe.
Unlawful and Prohibited Use
You agree to use the Services only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in NextMe’s sole judgment the transmission, receipt, or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal offense, give rise to a civil liability, or otherwise violate any applicable laws. You are expressly prohibited from using the Service for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other Customers or Subscribers or avoids Your obligation to pay for communications services. For businesses relating to health care services, You agree not to collect or store any information that would be designated as PHI through NextMe Services without proper compliance with the applicable laws and standards governing collection and handling of such information. NextMe, in its sole discretion, may terminate Your Service without advance notice if it believes You have violated the aforementioned restrictions, or if You act in a manner that is threatening, obscene, harassing, or abusive to NextMe personnel. You are liable for any and all use of the Services by any person using the Services provided to You, including noncompliant collection or use of PHI and agree to indemnify and hold harmless NextMe against any and all liability for any such use. If NextMe, in its sole discretion, believes that You have violated the aforementioned restrictions, NextMe may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
Unauthorized Commercial Use
If NextMe in its sole discretion, believes that Your account is being used by unauthorized persons, Your account may be immediately suspended or cancelled without prior notice to You.
All information included on the Services, including, without limitation, text or copy, graphics, designs, logos, button icons, images, audio and video clips, digital downloads, and software (collectively “Content”), is the property of NextMe or its content suppliers and is protected by United States and international copyright laws. By using the Services and agreeing to these Terms, You agree not to reproduce, distribute, modify, remove, delete, augment, publish, transmit, create derivative works from, or in any way exploit any of the Content, in whole or in part, or authorize others to do so.
By using the Service, You agree not to violate or infringe upon any copyright, patent, trade secret, trade identity, or intellectual property rights of NextMe. You acknowledge that all content distributed via the Service is an original work or a template provided by NextMe.
We do not control materials made available via the Services by Subscribers, and we are under no obligation to scan content used in connection with the Services for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others, and we do not permit materials known by us to infringe another party’s copyright to remain on the Services.
If You believe that the Services have in any way copied Your work or otherwise infringed a copyright, please provide us with a written notice. To be effective, notice must contain at least the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- Identification of the copyrighted work that you claim to have been infringed;
- The URL (i.e. web page address) of the location where the copyrighted work exists or information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and/or email address;
- A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party owns or is authorized to act on behalf of the owner of the copyright.
Notice of claims of copyright infringement on the Service should be mailed to the following address:
707 W. Waveland Ave, #812
Chicago, IL 60613
By email: firstname.lastname@example.org
NextMe reserves the right to terminate the account of any Subscriber who is the subject of two or more notices of claimed copyright infringement as described above.
Audit and Law Enforcement
NextMe reserves the right to audit Your use of the Services to enforce the provisions of this Agreement. NextMe reserves the right to track and monitor Your Services and usage. You acknowledge and agree that this Agreement is sufficient notice to You of such monitoring to the extent any notice is required under applicable federal or state law.
Charges and Payments
Subscribers must provide a valid credit card number or checking account information (bank routing number plus account number) for a Service to be activated, whether for a free trial or paid service. You hereby authorize NextMe to automatically charge Your credit card or bank account (ACH) any amounts payable by You in connection with Your use of the Service. Your right to use the Service is subject to any limits established by Your credit card issuer. You hereby authorize NextMe to obtain authorization for use of Your credit card from Your card issuer. If the credit card expires, You close your credit card account, Your billing address or other account information changes, or the card is cancelled and replaced due to loss or theft, You must advise NextMe immediately. If You enroll in ACH billing and You close or change Your bank account, You must advise NextMe immediately. Your initial use of the Service authorizes NextMe to charge the credit card and/or bank account number on file with NextMe, updated by any changed information related to card expiration, replacement, or substitution. This authorization remains valid until 30 days after NextMe receives Your notice to terminate our authority to charge Your card, whereupon we will charge You for any outstanding charges and terminate the Service. NextMe bills all charges and applicable taxes and fees monthly in advance (except for usage-based charges, which will be billed monthly in arrears, plus any other charges which NextMe chooses to bill in arrears) to Your designated payment method. NextMe is not responsible for any overdraft or other charges imposed by Your card issuer or bank due to insufficient funds in Your account. NextMe reserves the right to bill at more frequent intervals if the outstanding amount due at any time exceeds $50. All charges will be billed according to the rates and terms set forth in published materials and found on the NextMe website. Notwithstanding the foregoing, if You are purchasing the Services through a third party, any such third party billing terms apply to your purchase of the Services.
NextMe Service Plans
The annual service fees associated with the optional NextMe Annual Service Plans represent payment for twelve consecutive months of Services commencing on the Activation Date. You will be responsible for any additional charges for services or usage not covered by the plan, including exceeding the number of SMS messages sent per month pursuant to Your Service Plan, billed on a monthly basis. You will receive notice when the number of SMS messages sent per month exceeds the allowable threshold of messages in Your Service Plan, and Your payment method on file will automatically be charged an extra $0.02 per SMS message exceeding the threshold. If You cancel the Service prior to the end of the annual period, You will not receive a refund or credit for the unused portion of Your billing period, unless You cancel within an applicable Trial Guarantee period, as described herein. At the conclusion of the annual period, Your Service will automatically renew for a subsequent twelve-month period at the then-current renewal price for the selected NextMe annual Service plan, unless You choose to switch to an alternate pricing plan or cancel Service prior to the anniversary of the Activation Date.
Pricing and Price Changes
Pricing and charges relating to the Service are posted on the NextMe website. We may change the prices and charges for the Service from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Service are effective no sooner than seven days after: (1) posted on the NextMe website or (2) You are otherwise notified of the changes, including being sent an electronic notification to the email address registered on your account.
Failure to Pay
We may suspend, restrict, or cancel the Services and this Agreement if You do not make payments for current or prior bills by the required due date or if we are unable to charge Your credit card or bank account (via ACH) for fifteen (15) consecutive days. Service cancellation will result in Your loss of access to the Services and Your loss of any data or other information input into or received via the Services.
Late Payment Charge
We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked “Paid in Full” or with other restrictions) shall not waive any of our rights to collect the full amount of Your charges for the Services. You agree to reimburse us for reasonable attorneys’ fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through Your credit or debit card, we will charge You an additional $15.00 or the maximum amount allowable by applicable law, whichever is less.
Invalid Payment Methods
If we determine, in our sole discretion, that the payment method(s) registered on Your account is no longer valid (such as the passing of an expiration date associated with a credit card or a failed payment transaction against that card, for any reason), we may suspend or restrict the Services until You provide a valid payment method.
You are solely responsible for, and must pay, any applicable federal, state, local, or other governmental sales, use, excise, public utility, or other taxes, Universal Service Fund fees, and charges now in force or enacted in the future, that arise from or as a result of Your subscription or use or payment for the Service. These amounts are in addition to payment for the Service and will be billed to Your credit or debit card as set forth in this Agreement. If You are exempt from payment of such charges, You must provide documentation satisfactory to us that You are exempt. Tax exemption will only apply from and after the date NextMe receives and verifies this documentation. Taxes and other applicable fees will be in the amounts specified by federal, state, and local authorities.
You acknowledge and agree that credit allowances for any interruption of the Service will not be provided, and that no guarantees regarding accessibility or uptime for the Services have been made to You
You may not withhold any payment of fees or charges for any reason. In the event You wish to dispute a payment, You must notify NextMe in writing within seven days of the date of the credit or debit card statement on which the disputed charge appears that You are disputing any NextMe charges on that statement or such dispute will be deemed waived.
Termination of Services
You may cancel the Services at any time by notifying us in writing of Your intention to terminate. Any termination will be effective as of the last day of the current billing period (for example, if You are on a monthly billing plan, then termination is effective as of the last day of the current month; or if on annual billing, then termination effective as of the last day of the one year billing term). You acknowledge and agree that, in the event of termination by either party, You remain fully liable for all accrued charges, taxes, and fees outstanding at the time of termination, and You authorize NextMe to process these amounts to Your credit card, debit card, or checking account. You agree that if we are unable to process these amounts to Your designated card(s) or account(s), we may take other steps as we deem necessary to collect the fees owed to us for the Service, and that You will be responsible for all costs and expenses we incur in connection with such collection activity, including collection fees, court costs and legal fees.
Your Account Obligations
In consideration of Your use of the Services, You agree to: provide true, accurate, and current information about yourself when creating an account; maintain the confidentiality of Your account and password and restrict access to Your computer; and accept sole responsibility for all activities that occur or through under Your account or password. If You provide any information that is untrue, inaccurate, or not current, we reserve the right to suspend or terminate Yazour account and refuse any and all current and future use of the Services. You further agree to immediately notify us of any unauthorized use of Your password or account or any other breach of security.
Third Party Content
NextMe may permit third parties to publish content on the Site, within the App, or include third party content via Application Programming Interfaces (APIs) including but not limited to graphics, text or copy, reviews, advertising, and pricing and promotional information. Despite our best efforts, typographical and/or pricing mistakes may, on rare occasions, appear on the Site or within the App, and NextMe cannot guarantee the price of any promotion or offer. You acknowledge that NextMe is not the publisher or owner of this content and NextMe assumes no liability thereof. NextMe further assumes no liability for third party promotions and offers whatsoever, including but not limited to price, quality, value, or availability.
You agree to defend, indemnify, and hold NextMe, its affiliates, directors, officers, employees, shareholders, agents, and any other service provider who furnishes services to You or enables us to furnish services to You in connection with this Agreement or the Services, harmless from claims or damages relating to or arising out of the Services or this Agreement, including, but not limited to: (1) your use of the Services (including without limitation, any person accessing the Services using your account; (2) any actual or alleged violation of this Agreement or of any applicable law, rule or regulation by You or any person accessing the Service using Your account; or (3) any actual or alleged infringement or violation by You or any person accessing the Service using Your account of any intellectual property, privacy right, or other right of any person or entity. You agree that NextMe should not be and is not responsible for any third party claims against us that arise in connection with Your use of the Services. Further, You agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based on our willful misconduct or gross negligence.
The Services may, on occasion, provide links to a third party’s website (“Linked Website”). These links allow You to leave the Site or the App, and we encourage You to be aware when you leave the Site or the App and to read the terms and conditions and privacy statements of each and every third party website that You visit. You acknowledge and understand that Linked Websites are not under our control and we are not responsible for the content of any Linked Website or any link contained in a Linked Website. You further acknowledge that NextMe is not responsible for examining or evaluating Linked Websites, does not warrant or endorse them, and is not affiliated with the offerings, content, or practices of any Linked Website or Linked Website operator.
Limitation of Liability and Disclaimer of Warranty
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICES, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK. YOU SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD(S). NEITHER NEXTME, ITS AFFILIATES, NOR ANY NEXTME OR ITS AFFILIATES’ RESPECTIVE EMPLOYEES, CONSULTANTS, DIRECTORS, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (THE “COVERED PARTIES”), WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, OR SERVICES PROVIDED. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS, AND OTHER MATERIAL ON THE SITE OR ANY SITES WITH WHICH IT IS LINKED. THE SITES LINK TO OR REFERENCE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND INFORMATION, WE MAKE NO GUARANTEES AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT SOME MAY FIND OFFENSIVE OR OBJECTIONABLE, THE RESULTS OF A LINK OR REFERENCE ON THE SITE MAY UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. YOU ACKNOWLEDGE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY AS TO WHETHER A LINK OR REFERENCE PRESENTS UNINTENDED OR OBJECTIONABLE CONTENT.
THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE, SUCH AS THE APP) MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT MOBILE MESSAGES (SMS) ARE NOT AVAILABLE ON ALL WIRELESS CARRIERS AND WIRELESS DEVICES. YOU FURTHER ACKNOWLEDGE THAT THE NEXTME SERVICES, INCLUDING THE SMS FUNCTION, OPERATE OVER WIRELESS AND INTERNET SERVICES AND THAT THESE SERVICES ARE SUBJECT TO LIMITATIONS OF AVAILABILITY DUE TO FORCES BEYOND THE CONTROL OF NEXTME. CONSEQUENTLY, YOU AGREE THAT NEXTME SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULTS FROM THE UNAVAILABILITY OR POOR FUNCTIONALITY OF THESE SERVICES.
WE DO NOT WARRANT THAT THE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICES, OUR SERVERS, OR E-MAIL SENT FROM NEXTME ARE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, FREE OF VIRUSES, OR FREE OF OTHER HARMFUL COMPONENTS. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER WE, NOR OUR AFFILIATES, INFORMATION PROVIDERS, OR THIRD PARTY SUPPLIERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR AUTHENTICITY OF, THE INFORMATION CONTAINED OR DELIVERED IN CONNECTION WITH THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF THE SERVICES, ANY THIRD-PARTY HARDWARE OR SOFTWARE, OR ANY TELECOMMUNICATIONS OR COMPUTER NETWORKS UTILIZED TO PROVIDE THE SERVICES.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE COMPLIANT WITH ALL FEDERAL REGULATIONS FOR HEALTH CARE BUSINESS INDUSTRIES GOVERNING THE COLLECTION, PRIVACY, AND SECURITY OF PROTECTED HEALTH INFORMATION OR ANY APPLICABLE STATE OR FEDERAL PRIVACY LAWS, INCLUDING BUT NOT LIMITED TO SUCH LAWS PERTAINING TO PERSONALLY IDENTIFABLE INFORMATION. YOU AGREE TO BE SOLELY LIABLE FOR ANY AND ALL USE OF THE SERVICE BY ANY PERSON USING THE SERVICE PROVIDED TO YOU RELATING TO THE COLLECTION AND HANDLING OF PROTECTED HEALTH INFORMATION, INCLUDING NONCOMPLIANT COLLECTION OR USE OF PROTECTED HEALTH INFORMATION, AND AGREE TO INDEMNIFY AND HOLD HARMLESS NEXTME AGAINST ANY AND ALL LIABILITY FOR ANY VIOLATION OF SUCH REGULATIONS OR CAUSE OF ACTION BASED ON NONCOMPLIANT COLLECTION OR USE OF SUCH PROTECTED HEALTH INFORMATION OR PERSONALLY IDENTIFIABLE INFORMATION.
BECAUSE CERTAIN STATE LAWS MAY RESTRICT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THESE LIMITS MAY BE SUBJECT TO SUCH STATE LAWS. IF SUCH LAWS LIMIT ONE OR MORE CLAUSES OF THIS AGREEMENT, YOU AGREE THAT THIS AGREEMENT PROVIDES THE MAXIMUM LIMITS OF LIABILITY TO NEXME REMAINING UNDER SUCH STATE LAWS.
This Agreement constitutes the entire agreement between You and NextMe and supersedes all prior agreements, understandings, statements, or proposals concerning the Services, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither You nor NextMe is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
Failure by NextMe to insist upon strict performance of any terms or conditions of this Agreement or failure or delay to exercise any rights or remedies provided herein or by law shall not release You from any of the warranties of obligations of this Agreement, and shall not be deemed a waiver of any right of NextMe to insist upon strict performance hereof or any of its rights and remedies. Failure by NextMe to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision, right, or any related claims.
If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Controlling Law; Jurisdiction
This Agreement, and all other aspects of the use of the Service and the NextMe website, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its choice of law rules. This governing law provision applies no matter where You reside, or where You use or pay for the Services. You agree to submit to the exclusive jurisdiction of the state or federal courts located in Cook County, Illinois to resolve any disputes arising hereunder. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE INITIATED WITHIN ONE (1) YEAR AFTER IT FIRST AROSE OR BE FOREVER WAIVED AND BARRED.
Force Majeure – Events Beyond Our Control
NextMe will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.
We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to You. You may not assign this Agreement or the Services without our prior written consent.
The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations, billings, intellectual property, and Your obligations to pay for the Services provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service.
No Third Party Beneficiaries
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
1212 N Ashland Ave
Chicago IL. 60622
Email: [email protected]