This Agreement was last revised on September 3, 2015
1. Service Description And Term Of Service
A. The Services
NextMe provides waitlist management services, enabled with a variety of notification methods for subscribers to communicate with customers, 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.
B. Service Term
The Services are offered both as a free and a paid service. 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. Either party (you or NextMe) may terminate the Service at any time for any reason or no reason with written notice to the other party. You may terminate the Service through the NextMe website or by e-mailing email@example.com. 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.
C. Free Trial Offer
From time to time, NextMe may allow new users to subscribe 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 you receive a Free Trial, you will receive free use of the Services solely for the limited period of time, and you acknowledge that your 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 you, 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, you are 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 you will incur fees and charges according to the rates and terms set forth in published materials and found on the NextMe website.
D. 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 its 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.
E. Termination for Cause
Either party 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. 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.
The Terms also include specific copyright, license, and other legal provisions contained below.
G. 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.
H. Pre-Release App
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.
2. Use of Service
A. 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.
B. 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. We reserve the right to suspend communications that, in our sole discretion, violates the foregoing. You understand and agree that
your use of the Services and any content is solely at your own risk.
C. 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, 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 and the NextMe Sites.
D. Consent Requirement for Use of Third Party Information
You agree not to collect or harvest any personally identifiable information, including phone numbers, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of NextMe without an end-recipient’s express agreement to receive said messages (i.e. has elected to “opt-in”). Upon such express agreement, you may make use of email addresses and mobile telephone numbers during regular operation of NextMe for the purpose of affirming, engaging, notifying, thanking, marketing to, or otherwise communicating with guests during real-time operation of NextMe. Any email address or mobile telephone number displayed, provided, or otherwise furnished in operation to you by NextMe is on a temporary basis and you may not record, save, add to
any marketing list, or otherwise use such number or address outside of NextMe. You may provide marketing and loyalty programs to third party users by utilizing the email addresses and mobile telephone numbers inputted by third parties. However, you may not “capture” email addresses or mobile telephone numbers apart from any feature that may be included in NextMe.In addition, all third parties must have an opportunity to withdraw from such contact lists (i.e. has elected to “opt-out”). Upon a third party’s request to withdraw, all communications to such individual must be subsequently stopped and the individual must be withdrawn from the list.
E. 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.
F. 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 avoids your obligation to pay for communications services. 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 Service by any person using the Service provided to you 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.
G. Unauthorized Commercial Use
The Service for internal business purposes only, or for the direct benefit of you, your company or affiliated organization. You agree that will not make the Service available to unaffiliated persons, whether or not you generate income from this practice. 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 Service 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 Service by third parties, and we are under no obligation to scan content used in connection with the Service 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 Service.
If you believe that the Service has 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 me 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 User who is the subject of two or more notices of claimed copyright infringement as described above.
I. Audit and Law Enforcement
NextMe reserves the right to audit your use of the Service 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.
3. Charges and Payments
You 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 Service through a third party, any such third party billing terms apply to your purchase of the Service.
B. NextME Annual Service Plans
The annual service fees associated with the optional NextMe Annual Service Plans represent payment for twelve consecutive months of Service commencing on the Activation Date. You will be responsible for any additional charges for services or usage not covered by the plan, billed on a monthly basis. 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.
C. 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.
D. 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.
E. 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 Service. 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.
F. 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.
H. Service Interruption
You acknowledge and agree that credit allowances for any interruption of the Service will not be provided.
I. Payment Disputes
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.
4. 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.
5. 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 your 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.
6. 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, 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 Service, 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, and we encourage you to be aware when you leave the Site 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.
9. 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.
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 UNAUTHENTICITY OF, THE INFORMATION CONTAINED OR DELIVERED IN CONNECTION WITH THE SERVCES, 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.
BECAUSE CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL
A. Entire Agreement
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.
D. 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.
E. 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, 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.
I. No Third Party Beneficiaries
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.NextMe, Inc.
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