Terms & Conditions

General Terms of Service

Effective Date: May 8, 2024

This website is owned and operated by NextGen Insights LLC ("NextGen Insights," "we," or "us"). By using this site, you agree to be bound by these Terms of Service and to use the site in accordance with these Terms, our Privacy Policy, our Refund Policy, and any additional terms and conditions that may apply to specific sections of the site or to products and services available through the site from us. Accessing the site, in any manner, whether automated or otherwise, constitutes use of the site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the site, from time to time, in which case we will post the revised Terms of Service on this website and update the Effective Date to reflect the date of the changes. By continuing to use the site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You. This site and all the materials available on the site are the property of NextGen Insights LLC and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The site is provided solely for your personal, non-commercial use. You may not use the site or the materials available on the site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the site. You may, however, from time to time, download and/or print one copy of individual pages of the site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material to us via the site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text, or deliver any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

Limitations on Linking and Framing. You may establish a hypertext link to the site so long as the link does not state or imply any sponsorship of your site by us. However, you may not, without our prior written permission, frame or inline link any content of the site, or incorporate into another website or other service any of our material, content, or intellectual property.

Disclaimers

Throughout our website, NextGen Insights LLC provides links and pointers to websites maintained by third parties. Our linking to these third-party sites does not imply an endorsement, sponsorship, or any association with the operators of these sites, or the information, products, or services they offer. Additionally, we do not control, operate, or endorse any information, products, or services that third parties may provide on or through these linked sites or on websites linked to by us.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective authors or distributors and not of NextGen Insights LLC. We do not guarantee the accuracy, completeness, or usefulness of any content provided by third parties. Furthermore, NextGen Insights LLC is not responsible for the accuracy or reliability of any opinion, advice, or statement made on the sites by anyone other than authorized NextGen Insights LLC representatives while acting in their official capacities.

The information, products, and services offered on or through our site and any third-party sites are provided "as is" without any warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site or the servers that make it available are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

You agree at all times to defend, indemnify, and hold harmless NextGen Insights LLC and its affiliates, their successors, transferees, assignees, and licensees, as well as their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.

Online Commerce

Certain sections of our website, operated by NextGen Insights LLC, may allow you to purchase a variety of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these third-party products and services. When you make a purchase from a merchant on our site or on a site linked to by our site, both the merchant and we may collect information you provide during your visit to that merchant's online store or site. This information can include your credit card number and contact information. It is important to note that these merchants may have privacy and data collection practices that differ from those of NextGen Insights LLC. We have no control over and accept no responsibility or liability for these independent policies.

Additionally, your purchase of products or services through our site is subject to specific terms and conditions that apply to the transaction. These terms are provided by the third-party providers of these products and services. For more details about these terms and conditions, as well as the merchant's privacy policies, please visit the merchant's website and review their informational links or contact them directly. You release NextGen Insights LLC and our affiliates from any damages you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through our site.

Your interaction, correspondence, or business dealings with any third party found on or through our site, including payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and the third party. NextGen Insights LLC will not be responsible or liable for any loss, damage, or other issues that may arise from such dealings.

You are financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to use the site and to purchase services or products through the site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to purchase goods or services for yourself or for another person only if you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide their personal information.

Interactive Features

NextGen Insights LLC offers various interactive features on this site, including bulletin boards, web logs, chat rooms, and email services that facilitate feedback to us and real-time interaction between users. These features allow users to communicate with others and share information. As a user of these features, you are solely responsible for the material you post or send, and you must adhere to our guidelines to maintain the integrity and safety of the site.

When using these interactive features, you agree not to:

Restrict or inhibit any other user from using and enjoying the site.Impersonate any person or entity, falsely state, or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt the servers or networks providing the site, or disobey any requirements, procedures, policies, or regulations of these networks.

Encourage or engage in illegal activities or cause injury or property damage to any person.

Gain unauthorized access to the site, or any accounts, computer systems, or networks connected to the site, by hacking, password mining, or other illicit means.

Attempt to obtain any materials or information through means not intentionally made available by the site.

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind.

Violate or infringe upon the rights of others, including material that is an invasion of privacy or publicity rights, or protected by copyright, trademark, or other proprietary rights, without obtaining permission from the rights holder.

Transmit any software or material that contains viruses or any other harmful components.

Exploit any information, software, or other material for commercial purposes or contain advertising without our express written consent.

Collect or harvest email addresses or other personal information for marketing purposes.

NextGen Insights LLC reserves the right to monitor the interactions on these platforms and may remove or alter any user-created content at our discretion. We may also terminate or restrict access to any user who violates these terms.

While NextGen Insights LLC may host message boards, chats, and other forums, it is important to note that any opinions, advice, or other information expressed in these forums are solely those of the individual contributors and not those endorsed by NextGen Insights LLC. We are not responsible for, and do not endorse, the content in these posts, including any hyperlinks embedded in messages.

By using these interactive features, you acknowledge and agree that NextGen Insights LLC

does not have an obligation to monitor the content but has the right to do so. We may disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to protect ourselves, our users, and the public.

Registration

To access specific features of the NextGen Insights LLC website, we may require you to provide demographic information, such as your gender, year of birth, zip code, and country. Additionally, signing up for certain features, like chat rooms, web logs, or bulletin boards, may require registration. This registration process will necessitate that you provide personally identifiable information, including your name and email address. You are expected to provide accurate, current, and complete information about yourself as prompted by the site's registration form. If we suspect that the information provided is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and deny all current or future use of the site (or any portion thereof). The information you provide during the registration process is protected under the terms of our Privacy Policy.

Passwords

For certain features on our site, you will need a username and password, which you will obtain during the site's registration process. You are responsible for maintaining the confidentiality of your password and account and are responsible for all activities that occur under your account, whether by you or others. If there is unauthorized use of your password or account, or any other breach of security, you must notify us immediately. Please ensure that you log out from your account at the end of each session. NextGen Insights LLC is not liable for any loss or damage arising from your failure to comply with this section or protect your account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL

NextGen Insights LLC, OUR SUBSIDIARIES, PARENT COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES AND/OR PROVINCES, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE OR PROVINCE LAW.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND NextGen Insights LLC

MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE OF ANY INFORMATION CONTAINED HEREIN.

The information provided in our materials is based on sources believed to be accurate at the time it was created. However, this material deals with topics that are subject to ongoing changes related to technology, the marketplace, as well as legal and compliance issues, and therefore, the accuracy of the materials may change over time. These materials do not constitute legal, compliance, financial, tax, accounting, or related advice and should be used as general guidelines rather than as the ultimate source of current information. Users are advised to consult their own legal, accounting, or other professional advisors.

The results from using this information can vary, and your results may be different. NextGen Insights LLC does not promise or guarantee any specific results from using this information. The information is provided on an "AS IS" basis without warranties of any kind. We are not liable for any damages or costs exceeding the purchase price of the products or services provided. These limitations may be governed by varying state, provincial, or jurisdictional laws and may be applied differently depending on local laws.

Termination

NextGen Insights LLC reserves the right to cancel or terminate your access to the Site or any part of it at any time without prior notice. Upon such cancellation or termination, you will no longer be authorized to access the part of the Site affected by such action. The restrictions you are subject to concerning material downloaded from the Site, along with the disclaimers and limitations of liabilities set forth in these Terms of Service, will remain in effect even after your access is terminated.

Refund Policy

All sales made through NextGen Insights LLC are final. Refunds are not available, and you waive any rights to initiate charge-backs through your credit card processor.

Other Legal Considerations

Under the Digital Millennium Copyright Act of 1998 (DMCA), copyright owners who believe that their intellectual property rights have been infringed upon on the internet have legal recourse. If you believe that materials hosted by NextGen Insights LLC infringe on your copyright, you or your authorized agent can send us a notice requesting that the material be removed or access to it blocked. Any notification failing to meet DMCA requirements will not be considered adequate notice and will not be assumed to confer upon NextGen Insights LLC actual knowledge of infringing materials. If you believe a copyright infringement notice has been improperly filed against you, you may submit a counter-notice. All notices must comply with current statutory requirements under the DMCA, details of which can be found at http://www.loc.gov/copyright. The designated Copyright Agent for NextGen Insights LLC can be reached via email at [email protected].

This Agreement shall be binding and inure to the benefit of NextGen Insights LLC and our respective assigns, successors, heirs, and legal representatives. No part of this Agreement or rights hereunder may be assigned without our written consent. However, NextGen Insights LLC

retains the right to assign all rights and obligations under this Agreement to any affiliate or wholly owned subsidiary.

Dispute Resolution:

The Terms of Use for NextGen Insights LLC are governed by and construed in accordance with the laws of the State of Pennsylvania. Any disputes arising from or related to these terms will be subject to mandatory binding arbitration in Philadelphia, Pennsylvania. If any part of this agreement is found to be unlawful, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Class Action Waiver:

Disputes with NextGen Insights LLC must be resolved on an individual basis. You are not permitted to bring claims against us as a plaintiff or class member in any class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidations with other arbitrations are not permitted. An arbitrator may not consolidate more than one person's claims and cannot preside over any form of a class or representative proceeding unless all involved parties agree to such a proceeding after the initiation of arbitration.

Severability:

If any clause within this agreement (other than the Class Action Waiver clause) is deemed illegal or unenforceable, it will be removed from this Provision, but the rest of the Provision will continue to be effective. Should the Class Action Waiver clause be found illegal or unenforceable, then the entire Provision will become unenforceable, and the dispute will be decided by a court.