The Next Solutions, Inc. Terms of Use

1. You agree that by clicking “Register” or similar for yourself or on behalf of a company, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with The Next Solutions, Inc.  If you do not agree to this contract of Terms of Use do not click Register and do not access or otherwise use any of our Services.  If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
2. This Contract applies to thenextup.com, and other The Next Solutions, Inc. related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as any ads or plugins. The collection use and sharing of your personal data is subject to The Next Solutions, Inc. Privacy Policy.
3. Modification or Update to Terms of Use. We may modify this Contract and our Privacy Policy from time to time.  If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective.  We agree that changes cannot be retroactive.  If you object to any changes, you may close your account.  Your continued use of our Services after we publish and send a notice about our changes to these terms means that you are consenting to the updated terms.
4. We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you have posted.  com is not a storage service.  You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
5. The Next Solutions, Inc. reserves the right to limit your use of the Services, including the number of client intake, employees, or statistically information passed on limited time periods. The Next Solutions, Inc. reserves the right to restrict, suspend, or terminate your account if The Next Solutions, Inc. believes that you may be in breach of this Contract or law or are misusing the Services.  Either party may terminate this Contract at any time with notice to the other.

6. Eligibility to Register. The Services are not for use for anyone under the age of 16.  You will fill in the required account information for registration truthfully.  Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

7. You are responsible for anything that happens through your account unless you close it or report misuse. You will not share an account with anyone else and will follow our rules and the law.

8. Consent to Receive Notices. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address).  You agree to keep your contact information up to date.

9. Ownership, Non-Exclusive License and IP. You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.

10. The Next Solutions, Inc. reserves all of its intellectual property rights in the Services. Using the Service does not give you any ownership in our Services, or the content or information made available through our Services.  Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

11. We will use the information and data that you provide and that we have about you to make recommendations for connections, content and features that may be useful to you. For example, we use data and information to recommend client leads and features.  Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

12. If you buy any of our paid Services, you agree to pay us the applicable fees and taxes.  Failure to pay these fees will result in the termination of your paid Services.  Also, you agree that: (i) We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy. (ii) If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel 30 days prior to  the renewal date. (iii) We do not provide refund on any of your purchases of paid Services.  (iv) We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.  (v) You can get a copy of your invoice by requesting it.

13. DISCLAIMER AND LIMIT OF LIABILITY. NO WARRANTY.  TO THE EXTENT ALLOWED UNDER LAW, THE NEXT SOLUTIONS, INC. AND ITS AFFILIATES (AND THOSE THAT THE NEXT SOLUTIONS, INC. WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

14. EXCLUSION OF LIABILITY. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS THE NEXT SOLUTIONS, INC. HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), THE NEXT SOLUTIONS, INC. AND ITS AFFILIATES (AND THOSE THAT THE NEXT SOLUTIONS, INC. WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF THE NEXT SOLUTIONS, INC. AND ITS AFFILIATES (AND THOSE THAT THE NEXT SOLUTIONS, INC. WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE NEXT SOLUTIONS, INC. AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF THE NEXT SOLUTIONS, INC. OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

15. We do not provide any warranties with respect to third party services or ads. You acknowledge that The Next Solutions, Inc. has no control over any third party services or ads and shall not be responsible or liable to anyone for such third party services even when displayed on The Next Solutions, Inc. dashboard. The availability of third party services on The Next Solutions, Inc.’s websites, or the integration or enabling of such third party services with our Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with The Next Solutions, Inc. The Next Solutions, Inc. does not guarantee the availability of third party services and you acknowledge that The Next Solutions, Inc. may disable access to any third party services at any time in its sole discretion and without notice to you. The Next Solutions, Inc. is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any third party service.

16. If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
17. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

18. If we don’t act to enforce a breach of this Contract, that does not mean that The Next Solutions, Inc. has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that The Next Solutions, Inc. may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.