Effective May 15, 2017
IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS GOVERNING USE (REFERENCED COLLECTIVELY HEREIN AS THE “TOU”) BEFORE USING THE nextupisnow WEBSITE, WEBSITES OWNED AND OPERATED BY NEXTUP, AND ANY MATERIALS, SOFTWARE FUNCTIONALITY, AND INFORMATION AVAILABLE THROUGH THESE WEBSITES (THE FOREGOING OFFERINGS COLLECTIVELY REFERENCED HEREIN AS THIS “SITE”). NEXTUP IS WILLING TO LICENSE THE RIGHT AND GRANT PERMISSION TO USE THIS SITE ONLY WITH AGREEMENT TO THIS TOU.
LICENSE GRANT. This Site is owned and operated by NextUp, and this TOU provides to you (identified herein as “you” or a “user” or with “your”) a personal, revocable, limited, non-exclusive, royalty-free, nontransferable, and nonsublicenseable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. If you wish to distribute or display the materials and information found on this Site or to use such materials and information for commercial purposes, you may contact NextUp using the contact information set forth below. This TOU is only a license and not an assignment or sale. Accordingly, you expressly acknowledge and agree that NextUp transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else.
DIRECTORY. NextUp makes available through this Site an on-line directory of NextUp members (the “NEW Directory”). In addition to any other terms and conditions set forth in this Agreement, you acknowledge and agree that the NextUp Directory shall be used only for personal purposes and that any information of the NextUp Directory shall not be further published, displayed, or made accessible. Accordingly, unless NextUp has provided its prior written consent, you acknowledge and agree that the contents of the NextUp Directory may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this Agreement.
LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, NextUp reserves all rights not expressly granted. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein this Site.
USER OBLIGATIONS. By installing, accessing, or using this Site in order to view NextUp’s information and materials or enter into a transaction through this Site, you represent that you are at least eighteen (18) years of age ((or the legal age of majority) (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through this Site, including, without limitation, when you provide information via a Site registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and this Site is solely at your own risk.
USER NAME HANDLING POLICY. Access to certain member (only) areas of this Site requires both a user name and a password. Only one user can use one user name and password and, thus, one account. You agree to keep your user name and password confidential. You also agree not to use another user’s user name and password. You will immediately notify NextUp if you become aware of any loss or theft of your user name and password or any unauthorized use of your user name and password. NextUp reserves the right to delete or require a change to a user name or password.
PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through this Site, unless otherwise indicated, are owned, controlled, and licensed by NextUp and/or its licensors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Site is Copyright ©NextUp and/or its licensors. All rights reserved. NextUp also owns a copyright in the contents of this Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Any downloadable or printable information or materials available through this Site, unless otherwise indicated, are owned by NextUp and/or its licensors. NextUp, the NextUp logo, and all other names, logos, and icons identifying NextUp and its programs, products, and services are proprietary trademarks of NextUp, and any use of such marks without the express written permission of NextUp is strictly prohibited. Other product or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
MEMBERSHIP; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the membership, participation in a particular program, and/or to specific portions or features of this Site. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of this Site, the latter terms shall control with respect to your use of that portion of this Site or the affected product, program, or service.
Mobile Services. This Site may offer certain tools or online functionality that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of this Site and its Mobile Services shall be in accordance with this TOU.
POSTINGS. This Site provides access to community and other interactive features and functionality, where you can share and exchange information or content (with such shared or exchanged information or content referenced collectively as “Postings”). You agree that by using this Site you will not upload, post, display, or transmit any of the following:
- anything, which interferes with or disrupts the NextUp Blog
- anything, which is contrary to the interests of NextUp
- anything, which may damage, lessen, or harm the goodwill or reputation of NextUp and its services,
- anything, which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others,
- anything, which violates any law or encourages anti-competitive behavior,
- anything, which involves the impersonation of any other person or entity,
- anything, which is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the NextUp Blog, or
- anything, which constitutes junk mail, spam, or unauthorized advertising.
NextUp reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Posting. Further, NextUp shall not have any obligation to incorporate or utilize any Posting that does not correspond to or meet NextUp’s technical or usage practices, parameters, and limits.
PERMISSION TO USE POSTINGS. By submitting any type of a Posting(s), you automatically and hereby grant a royalty-free, transferable, sublicensable and non-exclusive right and license for NextUp to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Posting, without additional approval or consideration, in furtherance of and in connection with the operation of this Site, and you hereby waive any claim to the contrary. You represent that you have all necessary rights to make a Posting(s) available to NextUp, and you also acknowledge that NextUp has no control over the extent to which any idea or information (in a Posting) may be used by any party or person once it’s posted or displayed.
NO PRE-SCREENING OF POSTINGS. NextUp is not responsible for pre-screening or editing your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Postings. Moreover, NextUp does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by NextUp) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Posting displayed, uploaded, or distributed by you or any other user. Nevertheless, NextUp reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to Postings (or parts thereof) that NextUp reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of NextUp, its users, or the public, or (vi) that NextUp believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to NextUp, its services, or goodwill. If you violate this TOU, NextUp may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of this Site.
FEEDBACK. NextUp welcomes your feedback and suggestions about how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to NextUp, you represent and warrant that such Feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such Feedback to NextUp. In addition, any Feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for NextUp to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed, and for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
LINKS TO OTHER SITES. NextUp may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. Such other sites are maintained by third parties over which NextUp exercises no control. Moreover, these links do not imply an endorsement with respect to any third party or any third party web site or the information, products, or services provided by any third party.
LINKS TO THIS SITE. NextUp permits (plain) hypertext links to the primary landing page for this Site (www.nextupisnow.org). With respect to any such link(s), this TOU provides to you a personal, revocable, limited, non-exclusive, nonsublicenseable license to post a plain text link to this Site from your personal web page or social media page using “nextupisnow.org.” Any links to this Site should not suggest that NextUp promotes or otherwise endorses or is affiliated with any third party products, services, programs, causes, campaigns, websites, or information unless NextUp has provided prior written consent for such promotion, affiliation, or endorsement.
DISCLAIMER. NEXTUP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RESULTS OR RESULTS OF USE, RELIABILITY, LEGALITY, OR ACCURACY OF THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, NEXTUP MAY MAKE MODIFICATIONS AND/OR CHANGES WITH RESPECT TO THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THIS SITE. IN ADDITION, NEW EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, MATERIALS, ACCURACY OF THE INFORMATION, AND/OR QUALITY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THIRD PARTY WEB SITES AVAILABLE BY LINK FROM THIS SITE.
LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE NEXTUP FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND NEXTUP’S CONTROL. MOREOVER, IN NO EVENT SHALL NEW BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY AND SHALL OTEHRWISE BE LIMITED TO THE EXTENT OF THE LAW. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF NEXTUP FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO NEXTUP DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Illinois as applied to agreements entered into and completely performed in the State of Illinois. Any action to enforce this TOU will be brought in the federal or state courts presiding in the State of Illinois, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Any claim you might have against NextUp must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. This Site is controlled and operated by NextUp from its offices within the United States. NextUp makes no representation that this Site is appropriate or available for use in other foreign locations. You access this Site on your own volition and are responsible for compliance with all applicable local laws.
ENFORCING SECURITY ON THIS SITE. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. NextUp reserves the right to view, monitor, and record activity on this Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through this Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on this Site as well as to disclosures required by or under applicable law or related government agency actions. NextUp will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, NextUp reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to this Site, or any portion of this Site in order to protect this Site, NextUp, or NextUp’s business.
INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of NextUp proprietary assets, will cause irreparable injury to NextUp, such injury would not be quantifiable in monetary damages, and NextUp would not have an adequate remedy at law. You therefore agree that NextUp shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that NextUp post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to NextUp to enforce any provision of this TOU.
INDEMNITY. You agree to defend, indemnify, and hold harmless NextUp and its respective employees, directors, officers, members, agents, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this Agreement.
WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by NextUp of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
CONTACT INFORMATION. If you have questions regarding this Site or if you are interested in obtaining more information concerning NextUp or permission to use any NextUp content, please contact the NextUp at 161 N. Clark Street, Chicago, Illinois, 60601.