Thank you for visiting the Nextwebguide™ website located at Nextwebguide (the “Website”). The Website is an Internet property of Nextwebguide and Consumer Concierge ("Nextwebguide,” "us," "our" or "we"). All visitors to or users of the Website are referred to as "Members," "you" or "your".
The following Terms & Conditions (the "Terms and Conditions") is a legal agreement which governs your use of the Website and your ability to participate in any of the services provided through or in connection with the Website (the “Solutions”) that we may offer from time-to-time.
– THE LEGAL AGREEMENT –
Please carefully review the complete terms of the Agreement. If you do not agree to abide by and be bound by ALL of the terms of the Agreement, you are NOT authorized to register or otherwise use the Website or any of the Solutions in any manner, whatsoever. Any violation of the Agreement may lead to Nextwebguide pursuing any applicable legal remedies that may exist.
This Agreement constitutes the entire and only agreement between you and Nextwebguide and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings. We reserve the right to amend or modify the Agreement at any time. All such changes, including retroactive changes, shall be effective once posted on the Website; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website and/or attempting to participate in any of the Solutions. By your continued use of the Website and/or the Solutions, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute, as applicable). Therefore, you should regularly check this page for updates and/or changes.
All of the Solutions featured on the Website or otherwise disseminated to you by Nextwebguide via e-mail may be discontinued or changed at any time without notice to you. Either you or Nextwebguide may terminate, cancel or reject your ability to access the Website with or without cause at any time, effective immediately.
If you do not agree to abide by and be bound by ALL of the terms of the Agreement you do not have permission to register, attempt to participate in any of the Solutions, or otherwise access or use the Website in any manner, whatsoever.
– AGREEMENT REQUIREMENTS –
Please be advised that the Website and the Solutions are only available to living individuals with the legal capacity to enter into legally binding contracts under applicable law. The Website and the Solutions are not intended for use by individuals under eighteen (18) years of age. The Website and the Solutions are only available to legal residents of the United States of America. By accessing and/or using the Website and/or attempting to participate in the Solutions, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you are a legal resident of the United States of America; and (c) you have the right, authority and capacity to enter into the Agreement and to abide by all of the Terms and Conditions. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Website for any purpose or participate in any of the Solutions featured on the Website, or otherwise disseminated to you via e-mail. All of the Solutions are void in Puerto Rico and in any other area(s) where otherwise prohibited by law. Nextwebguide reserves the right to cease any of the Solutions at any time, with or without notice.
Any time that you submit Registration Data or any other information to Nextwebguide via the Website or in response to any e-mail that we disseminate, the information that you provide must be accurate and complete, and it must be your own information and not the information of any other individual, corporation or other type of entity. To clarify, valid Registration requires that you must be a living individual, and not a corporation or any other type of legal entity.
By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you represent and warrant that you will only use the Website and the Solutions for lawful purposes and solely in accordance with the terms of this Agreement.
By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you represent and warrant that all information submitted by you is true and accurate. Without limitation of the foregoing, the submission of any incorrect, speculative, misleading, false or fraudulent information is strictly prohibited.
By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that Nextwebguide controls only the Landing Page on the Website.
By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that we may share any information including, but not limited to, Registration Data that you or any other Members submit to one of our participating independent solutions providers or to a solutions provider aggregator (collectively, “Solutions Provider”) who may then contact you to engage in a transaction. Please be advised that this may be done automatically in which case a new window may appear on your computer screen. Or, alternatively, a Solutions Provider may elect to contact you directly by telephone, e-mail or direct (postal) mail (as described more fully below).
By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that in addition to the Terms and Conditions of this Agreement, your participation in any of the Solutions will be governed by the specific Third-Party Terms, if any, of the applicable Solutions Provider.
By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that Nextwebguide may share any information that you or any of its Members submit with its service providers, vendors, sponsors, advertisers, marketers, and/or other unaffiliated third-parties (collectively “Third-Party Marketing Partners”) that Nextwebguide believes, in its sole discretion, may be able to provide you or any other Members with relevant and useful offers, promotions, products or services (collectively, “Third-Party Opportunities”) which we believe may be of interest to you.
By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that in addition to expressly giving Nextwebguide your permission to provide any of the information collected on the Website to Third-Party Marketing Partners, you are also expressly giving your permission to any such Third-Party Marketing Partners to contact you via: (a) e-mail; (b) direct (postal) mail; (c) telephone; or (d) text messaging (sometimes referred to as “Short Message Service” or “SMS”).
You hereby understand, acknowledge and agree that the act of accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule (16 CFR Â§310 et seq.), as amended from time to time (the “Rule”). Accordingly, and notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List or a State do-not-call list, by accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you are expressly giving Nextwebguide your permission to contact you via telemarketing in accordance with the Rule.
You hereby understand, acknowledge and agree that the act of requesting information from any Solutions Providers or Third-Party Marketing Partners found at or through the Website or otherwise made available by Nextwebguide via e-mail marketing, constitutes a purchase, an inquiry and/or an application with the respective Solutions Provider or Third-Party Marketing Partner for purposes of the Rule. Accordingly, and notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List or a State do-not-call list, you are expressly giving such Solutions Providers or Third-Party Marketing Partners your permission to contact you via telemarketing in accordance with the Rule.
Failure to comply with any of these requirements will result in immediate termination, cancellation or rejection of your Registration or Membership. Nextwebguide has sole discretion to determine whether or not you have complied with the above requirements.
If, at any time, you do not wish to be bound by the Term and Conditions of the Agreement or you are unsatisfied with the Website, its content or other legal notices, you understand, acknowledge and agree that your sole and exclusive remedy is to discontinue using this Website.
– THE WEBSITE AND THE SOLUTIONS –
You understand, acknowledge and agree that no guarantees are made on the availability of insurance plans. And Nextwebguide does not guarantee any specific results from use of the Website. No advice or information, whether oral or written, obtained by a Member from the Website shall create any representation or warranty not expressly stated in this Agreement.
You understand, acknowledge and agree that nothing contained in this Agreement shall constitute an offer or promise for an insurance transaction. Actual insurance availability may vary depending on a wide assortment of factors including, but not limited to, location, and age. Issuance of insurance is solely at the discretion of the insurance company.
You understand, acknowledge and agree that Nextwebguide is not acting as your agent or broker and is not recommending any particular Solutions Provider(s) to you. The Website (or any portion thereof) does not constitute an insurance application or agreement. And Nextwebguide does not endorse, warrant, or guarantee any of the Solutions of any Solutions Providers.
Please be advised that any information we may provide you either on the Website or via e-mail may not meet your particular needs and therefore may not be used as the sole basis for your Solutions Provider decision. Please seek the advice of an appropriate insurance professional for an assessment of any Solutions or information provided by Solutions Providers.
Nextwebguide does not charge you a fee to register or use the Website. Any compensation we may receive is paid by the Solutions Provider for advertising services we provided to them.
You understand, acknowledge and agree that the requirements for any particular Solutions are made by the applicable Solutions Provider and not by Nextwebguide. And you understand, acknowledge and agree that Nextwebguide shall not be liable for any damages or costs of any type which arise out of or in connection with your participation or attempt to participate in any of the Solutions of any Solutions Providers.
You understand, acknowledge and agree that the act of submitting information to Nextwebguide including, but not limited to, Registration Data constitutes a request. As such, we may share such information with Solutions Providers in order to process and fulfill your request. Nextwebguide shall not be responsible for any Solutions Provider‘s contact with you or any subsequent agreement you may enter into with any such Solutions Providers.
Nextwebguide is a passive conduit for the distribution and publication of content. You understand, acknowledge and agree that Nextwebguide has no obligation to screen such content. However, Nextwebguide retains the right, in its sole discretion, to review and remove any content that, in its sole discretion, violates: (a) this Agreement; (b) any applicable laws, rules, or regulations; (c) is abusive, disruptive, offensive or illegal; and/or (d) harms or threatens the safety of Nextwebguide, its Members or any other third-parties.
Nextwebguide does not and will not control the accuracy, reliability, completeness or timeliness of the content submitted on the Website and makes no representations and/or warranties regarding the same. By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that you assume all risks associated with dealing with any other Members, Solutions Providers and/or Third-Party Marketing Partners with whom you come in contact through the Website and/or any email that we may disseminate to you from time-to-time.
The contents of the Website are not endorsed, sponsored or affiliated with any insurance companies.. All trademarks, service marks, logos and/or domain names are the property of their respective owners. The Solutions Providers with whom you make a transaction are solely responsible for its services to you.
– TERMINATION, CANCELLATION, OR REJECTION –
By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that your Membership creates only a customer relationship with Nextwebguide and does not create an independent contractor relationship, an agency relationship, or any other relationship.
Nextwebguide or any of its participating Solutions Providers reserve the right, in their sole discretion, to terminate, cancel or otherwise reject your Registration or Membership for any reason or no reason, with or without cause. Nextwebguide may terminate, cancel or otherwise reject your Registration or Membership by any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during Registration. However, please be advised that your obligations of indemnification (as set forth in the Indemnification Section below) shall survive termination, cancellation and/or rejection of your Registration and/or Membership.
Nextwebguide, in its sole discretion, reserves the right to disqualify you from participating in any of the Solutions if, at any time, you fail to meet any applicable requirements including, without limitation: (a) if you supply incorrect or fraudulent information including, without limitation, Registration Data, whether purposely or accidentally; (b) if Nextwebguide, in its sole discretion, believes that you are engaged in any type of “SPAM” dissemination (as more fully described in the Anti-SPAM Policy below); (c) if Nextwebguide, in its sole discretion, believes that you are engaged in any type of illegal or unauthorized activity including, without limitation, the use of bots or other automated devices to attempt to acquire unauthorized access to the Website and/or the Solutions; or (d) if Nextwebguide, in its sole discretion, believes that you are acting in a manner that could expose Nextwebguide to liability in any manner, whatsoever.
Nextwebguide, in its sole discretion, reserves the right to delete from its databases and servers any of the information that you have provided in the event that you are disqualified from participating in any of the Solutions or have your Registration or Membership terminated, cancelled or otherwise rejected. However, you understand, acknowledge and agree that any such information that you have provided may continue to be available to Solutions Providers and Third-Party Marketing Partners.
Please be advised that you may cancel your Nextwebguide Registration and/or Membership at any time. In order to cancel your Nextwebguide Registration and/or Membership, you must simply click on the Unsubscribe link located on the Website, click on any unsubscribe link within any of the e-mail messages that we disseminate, or send an e-mail to [email protected], which includes your e-mail address, or call toll free at: (844) 435-3969,
– UNSUBSCRIBE / OPT-OUT POLICY –
In addition to the Solutions featured throughout the Website, Nextwebguide may provide you with Third-Party Opportunities from time-to-time via e-mail. Accordingly, Nextwebguide maintains separate e-mail contact lists. You may unsubscribe and opt-out from any of our e-mail marketing programs at any time. To unsubscribe and opt-out from having your information including, but not limited to, your Registration Data, shared with Third-Party Marketing Partners, please click the following hyperlink: Unsubscribe. Additionally, in every e-mail communication that we send and in every Third-Party Opportunity featured on the Website, there is an unsubscribe hyperlink that allows you to unsubscribe and opt-out from the specific e-mail marketing list by simply clicking the hyperlink provided and following the instructions that follow.
Please be advised that we attempt to process all unsubscribe and opt-out requests in a prompt fashion. However, after unsubscribing, we cannot guarantee that you will never receive another mailing from Nextwebguide because we may obtain your e-mail address in the future through a different e-mail marketing list that you have subscribed to. Similarly, after unsubscribing, we cannot guarantee that you will never receive another mailing from Solutions Providers or Third-Party Marketing Partners because such Solutions Providers and Third-Party Marketing Partners maintain separate electronic mailing databases from Nextwebguide and may obtain your e-mail address in the future through a different marketing list to which you have subsequently subscribed. We can guarantee, however, that if you should ever receive unwanted e-mail communications from Nextwebguide, you will be able to remove your e-mail address from the applicable e-mail contact list via the unsubscribe hyperlink contained therein. In order to unsubscribe and opt-out of receiving e-mail communications from any Solutions Providers and/or Third-Party Marketing Partners, you will need to unsubscribe from each source individually, if desired. This allows you the freedom to pick and choose which subscriptions to maintain and which to discontinue.
If you wish to discontinue receiving e-mail messages from Nextwebguide, you can either: (a) send an e-mail to [email protected], or call toll free at: (844) 435-3969; or (b) follow the instructions in each promotional e-mail message sent by Nextwebguide.
Please be advised that Nextwebguide is able to offer its free Solutions, in part, based upon the willingness of Members to be contacted by the Solutions Providers and Third-Party Marketing Partners.
– THIRD-PARTY OPPORTUNITIES AND THIRD-PARTY WEBSITES –
By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that you are expressly giving your consent to receive Third-Party Opportunities from Nextwebguide, Solutions Providers and/or Third-Party Marketing Partners.
You understand, acknowledge and agree that Nextwebguide shall not be responsible and shall have no liability for any Third-Party Opportunities or for your activities on any third-party websites for whom Nextwebguide displays such Third-Party Opportunities. Accordingly, you understand, acknowledge and agree that any actions taken by you including, but not limited to, purchasing and/or using any third-party products or otherwise attempting to participate and/or avail yourself of any Third-Party Opportunities is done solely at your own risk. Moreover, you understand, acknowledge and agree that your sole and exclusive remedy in connection with any of the actions referenced above and relating in any way to Third-Party Opportunities will be with the applicable third-party offering the particular Third-Party Opportunities and that you shall have no remedy whatsoever against Nextwebguide arising from your use of or participation in, or inability to use or participate in, any Third-Party Opportunities.
Nextwebguide and/or the Solutions Providers and Third-Party Marketing Partners which advertise on the Website or throughout any of the email messages that we disseminate to you may refer you to certain third-party Internet websites (“Third-Party Websites”). Please be advised that Nextwebguide does not review, control or examine any such Third-Party Websites or the materials including, but not limited to the Third-Party Opportunities contained therein. By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that Nextwebguide does not endorse or otherwise guarantee the accuracy or quality of any third-party materials.
Nextwebguide expressly disclaims responsibility and liability for any and all third-party materials including, but not limited to, Third-Party Opportunities featured or accessed on the Website or found within any e-mail messages that we disseminate. And in no event shall Nextwebguide be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to Third-Party Websites, the Third-Party Websites themselves, your participation in any Third-Party Opportunities on such Third-Party Websites, or the information, material, products or services accessed through these Third-Party Websites.
Please be advised that it is your responsibility to carefully read all of the Third-Party Terms associated with any Third-Party Opportunities featured on the Website or in e-mail messages and, by extension, the terms and conditions of the applicable third-party‘s website(s). The inclusion of any link on the Website does not imply endorsement. Moreover, because Nextwebguide has no control over third-party materials, you hereby understand, acknowledge and agree that Nextwebguide is not responsible or liable for the availability or the operation of such Third-Party Websites or for any material located thereon.
Any dealings with, or participation in Third-Party Opportunities offered by any third-parties on the Website, including the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable third-party. Nextwebguide shall not be held responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such websites.
Nextwebguide reserves the exclusive right, in its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Third-Party Websites from the Website and/or to introduce different features or links.
DISPUTES, QUESTIONS OR COMMENTS
Any disputes, questions or comments that you may have regarding a particular Solutions Provider or Third-Party Marketing Partner should be exclusively directed to that Solutions Provider or Third-Party Marketing Partner and not to Nextwebguide. Moreover, when appropriate, you should direct any such concerns to that Third-Party Website‘s administrator or webmaster.
Nextwebguide is not responsible for any billing issues or contract formation issues that may exist between you and any Solutions Provider or Third-Party Marketing Partners. By participating in Solutions or Third-Party Opportunities offered by Solutions Providers or Third-Party Marketing Partners, you understand, acknowledge and agree that Nextwebguide shall not be held responsible or liable for any losses or damages of any kind incurred as a result of your participation. Furthermore, Nextwebguide shall not be held responsible or liable for any statements or conduct by any Solutions Providers or Third-Party Marketing Partners whether or not the statements or conduct were made or featured on the Website or within any of the e-mail messages that you may receive from us from time-to-time.
You understand and agree that Nextwebguide is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, Solutions, Third-Party Opportunities, or for any disputes between you and any Solutions Providers or Third-Party Marketing Partners.
– ANTI-SPAM POLICY –
Nextwebguide employs a strict Anti-SPAM policy. Accordingly, we only practice permission-based e-mail marketing techniques and do not practice, participate in or condone the sending of unsolicited commercial e-mail messages (“SPAM”). By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that SPAM will not be tolerated. Consequently, Members are prohibited from sending out or otherwise forwarding any Nextwebguide messages in any manner, whatsoever.
See the Federal Trade Commission (the “FTC”) website at www.ftc.gov/spam for updates on implementation of the CAN-SPAM Act of 2003, as amended. The FTC maintains a consumer complaint database of violations of the various laws that the FTC enforces. Consumers can submit complaints online at www.ftc.gov and forward unwanted and unsolicited commercial e-mail to the FTC at [email protected]
The FTC works as a consumer advocate in order to prevent fraudulent, deceptive and unfair business practices. To file a complaint with the FTC or to request free information about consumer issues, please visit www.ftc.gov or call toll-free, 1-877-FTC-HELP.
If you have any other questions or comments about this Anti-SPAM Policy, please contact us via e-mail at [email protected], or call toll free at: (844) 435-3969, or via direct (postal) mail at the address below.
– PROHIBITED CONDUCT –
By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that you are prohibited from engaging in any conduct that Nextwebguide determines, in its sole discretion, restricts or inhibits any other Member from using or enjoying the Website, the Solutions, or any Third-Party Opportunities.
By accessing, registering and/or using the Website and/or otherwise attempting to participate in the Solutions, you understand, acknowledge and agree that you are prohibited from engaging in any abusive activities including, but not limited to: (a) accessing or attempting to access private areas of the Website or any other Member‘s information; (b) harvesting, sweeping, or using any other means, to collect information about Members of the Website; (c) impersonating any person or entity or otherwise falsely stating or misrepresenting your relationship with any person or entity; (d) using any data, content, and/or any information provided or used on the Website which will infringe on or otherwise facilitate the infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties; (e) using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct; (f) using automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; (g) reselling, loaning, assigning, sublicensing, or otherwise transferring, transmitting, or delegating your rights or obligations under the Agreement without the prior express written authorization of Nextwebguide; (h) using, copying, cloning, renting, leasing, selling, modifying, publishing, decompiling, disassembling, reverse engineering or transferring the contents of the Website, the source code or the method of operation at any time for any reason; (i) creating derivative works from or in any way exploiting any portion of the Website data, content or information; (j) using any device, software or routine to interfere or attempt to interfere with the proper workings of the Website; (k) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or related software; and (l) using any information you may obtain from the Website including, without limitation, Member information, to send any other individual SPAM or otherwise send such individuals unsolicited messages, commercial or otherwise, via e-mail, direct (postal) mail, telephone, fax, or any other means.
Nextwebguide reserves the right to block Members and cancel any Registrations and/or Memberships that it determines to have benefited from the use of automated scripts or â€˜robots,‘ or which otherwise engaged in any of abusive activities set forth above. Upon such a determination, you will be subject to any and all applicable laws governing fraud.
– PROHIBITED CONTENT –
Nextwebguide does not practice, participate in or condone the dissemination (via e-mail) or display (via the Website) of any content that contains, promotes, references or links to: (a) material that exploits children or otherwise exploits any individuals under eighteen (18) years of age; (b) material that is grossly offensive, including blatant expressions of discrimination, bigotry, prejudice, racism, hatred or excessive profanity or that is abusive, invasive, libelous, defamatory, vulgar, obscene, harassing, threatening or otherwise unlawful or threatening against an individual or group; (c) illegal or deceptive activity; (d) pornographic, sexually explicit or otherwise adult-oriented content including, but not limited to, magazines, video and software, or escort services; (e) political, religious or charitable organizations, issues or causes; (f) firearms, weaponry, ammunition, fireworks, explosives hazardous materials, hazardous substances or instructions on how to assemble or otherwise make bombs, grenades or other weapons; (g) odds-making and/or betting/gambling services including, but not limited to, gambling activities associated with poker, casino games, horse and dog racing, college and pro sporting events; (h) tobacco and tobacco-related products, alcoholic beverages, illegal drugs or drug paraphernalia; (i) infringements or misappropriations of the intellectual property rights of any third-party; (j) material that introduces viruses, worms, harmful code and/or Trojan horses on the Internet; or (k) content otherwise deemed unsuitable or detrimental to the reputation of Nextwebguide, its partners or its Members.
– RIGHTS GRANTED –
You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and all associated content, in accordance with the Agreement. Please be advised that Nextwebguide may, in its sole discretion, terminate your license at any time for any reason.
– PROPRIETARY RIGHTS –
All content of the Website including, but not limited to, text, graphics, images, logos, design, digital conversion, software, services and any other matters related to the Website (collectively, “Materials”) are protected under applicable copyrights, trademarks and other proprietary rights including, but not limited to, intellectual property rights. All Materials are protected by United States and foreign copyright laws. Any attempt to copy, redistribute, publish, lease or sell any Materials is strictly prohibited and Nextwebguide will vigorously prosecute violators to the fullest extent of the law.
Please be advised that all right, title and interest in and to the Materials remains with Nextwebguide or, when applicable, Solutions Providers or Third-Party Marketing Partners. All rights not expressly granted to you are reserved by Nextwebguide. If you use any of the Materials in any way not specifically provided for under the Agreement, you are in violation of the Agreement and in addition to all applicable remedies that we reserve at law and in equity, your license shall be immediately revoked.
Systematic retrieval of Material from the Website or any e-mail messages that we may disseminate to our Members from time-to-time is strictly prohibited. Any attempt to extract Material or other data in order to create or compile, directly or indirectly, a collection, compilation, database or directory without signed, written permission from Nextwebguide is strictly prohibited. Please be advised that your license does not in any way entitle you to ownership rights to any Materials.
– CHANGES TO MATERIALS –
We reserve the right, in our sole discretion, to edit, modify and/or delete any documents, information or other Materials. Additionally, we reserve the right, in our sole discretion, to discontinue or terminate all or part of the Website and/or any of the Solutions or Third-Party Opportunities featured therein at any time and without notice.
– INDEMNIFICATION –
You agree to indemnify, defend and hold Nextwebguide, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners (collectively, “Covered Parties”), harmless from and against any and all claims, expenses, including reasonable attorneys‘ fees, damages, suits, costs, losses, liabilities, demands and/or judgments whatsoever, made by any third-party due to, or arising out of: (a) your use of the Website, participation in any of the Solutions and/or Third-Party Opportunities; (b) your breach of any of the terms of this Agreement; and/or (c) your negligence or willful misconduct hereunder. Please be advised that this indemnification clause shall survive the expiration, cancellation or termination of your Registration and/or Membership.
– WARRANTIES / LIMITATION OF LIABILITY –
YOU EXPRESSLY AGREE THAT REGISTRATION, ACCESS TO AND USE OF THE WEBSITE, SOLUTIONS, THIRD-PARTY OPPORTUNITIES AND/OR THE E-MAIL MESSAGES ASSOCIATED THEREWITH, IS AT YOUR SOLE RISK. NEXTWEBGUIDEDOES NOT WARRANT THAT THE WEBSITE, SOLUTIONS, THIRD-PARTY OPPORTUNITIES AND/OR E-MAIL MESSAGES ASSOCIATED THEREWITH WILL BE ERROR FREE OR UNINTERRUPTED. THE WEBSITE, SOLUTIONS, THIRD-PARTY OPPORTUNITIES AND/OR E-MAIL MESSAGES ASSOCIATED THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE, SOLUTIONS, THIRD-PARTY OPPORTUNITIES AND/OR E-MAIL MESSAGES ASSOCIATED THEREWITH MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NEXTWEBGUIDE AND THE COVERED PARTIES (AS DEFINED ABOVE) HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE THE WEBSITE, SOLUTIONS, THIRD-PARTY OPPORTUNITIES AND/OR E-MAIL MESSAGES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXTWEBGUIDE AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NEXTWEBGUIDE.
PLEASE BE ADVISED THAT THE WEBSITE, SOLUTIONS, THIRD-PARTY OPPORTUNITIES AND THE E-MAIL MESSAGES ASSOCIATED THEREWITH WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXTWEBGUIDE OR ANY SOLUTIONS PROVIDERS OR THIRD-PARTY MARKETING PARTNERS THROUGH THE WEBSITE AND/OR E-MAIL MESSAGES ASSOCIATED THEREWITH SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. NEXTWEBGUIDE AND THE COVERED PARTIES ARE NOT RESPONSIBLE TO YOU AND/OR ANY OTHER THIRD-PARTY, WITHOUT LIMITATION, FOR: (A) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF THE WEBSITE, SOLUTIONS, THIRD-PARTY OPPORTUNITIES AND/OR E-MAIL MESSAGES ASSOCIATED THEREWITH; (B) COMMUNICATIONS LINE FAILURES; (C) THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, MEMBERS INFORMATION INCLUDING, WITHOUT LIMITATION, REGISTRATION DATA; (D) THE CONDUCT OF ANY MEMBER, WHETHER ONLINE OR OFFLINE INCLUDING, WITHOUT LIMITATION, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR OTHER CONDUCT OF ANY OTHER PARTY; (E) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR (F) ANY INFRINGEMENT OF ANOTHER THIRD-PARTY’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
THE MAXIMUM LIABILITY OF NEXTWEBGUIDE AND THE COVERED PARTIES TO YOU OR TO ANY OTHER THIRD-PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES, WILL BE EQUAL TO THE LOWEST AMOUNT LEGALLY PERMISSIBLE UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, SOLUTIONS, THIRD-PARTY OPPORTUNITIES AND/OR E-MAIL MESSAGES ASSOCIATED THEREWITH, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE PARTICIPATION IN THE SOLUTIONS AND/OR THIRD-PARTY OPPORTUNITIES, CANCEL YOUR MEMBERSHIP, UNSUBSCRIBE FROM RECEIVING THE E-MAIL MESSAGES AND DISCONTINUE USE OF THE WEBSITE.
– RELEASE –
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE NEXTWEBGUIDE AND THE COVERED PARTIES AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE, SOLUTIONS AND/OR THIRD-PARTY OPPORTUNITIES.
– MISCELLANEOUS –
This Agreement does not imply any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Nextwebguide. You will not have, nor will you represent that you have, any authority to make or accept any offers or representations on our behalf. Moreover, you are not permitted to engage in any activity that could disparage or damage the reputation of Nextwebguide or any of its officers, employees, products and/or services.
You understand, acknowledge and agree that Nextwebguide may electronically monitor the Website and disclose any content, records, or electronic communication of any kind: (a) to satisfy any legal process or request; (b) to operate the Website; or (c) to protect Nextwebguide rights or the rights of any Members, sponsors, providers, licensors, or merchants.
You agree that you will not misrepresent Nextwebguide by expressed or implied claims of success, warranties or service obligations. We disclaim any liability for such claims or implications made on your part to prospects, potential customers and/or current Members. You acknowledge that your Registration and/or Membership may be terminated by Nextwebguide with or without notice for any misrepresentation of Nextwebguide.
REQUESTS FOR INFORMATION
Nextwebguide will never send you an e-mail requesting your credit card number or Social Security Number. If you receive an e-mail that looks like it is from Nextwebguide, but asks you for any of this information, it is likely a fraudulent e-mail and we recommend that you immediately delete the e-mail.
If you believe that your personal or financial information has been compromised, we strongly recommend that you contact credit reporting services and have a fraud alert attached to your credit report file. Please be advised that the perpetrator may attempt to use your personal or financial information to establish accounts or obtain credit at other businesses in their name. Therefore, it is imperative that you take swift action in order to prevent potential problems.
You are solely responsible for providing the means to access the Website and any of our e-mail messages. Nextwebguide does not guarantee continuous, uninterrupted or secure access to the Website. Moreover, operation of the Website may be interfered with by numerous factors outside of our control.
The Agreement, the Website and Solutions, as well as the Materials, services and/or products made available therein and thereby, are subject to the laws of the United States of America and the State of New York, without regard to its conflict of laws principles.
Should a dispute arise concerning the terms and conditions of the Agreement, or the breach of the Agreement by any party hereto, the parties (and all Members) hereby agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.
Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Nextwebguide, the Covered Parties and their respective employees, officers, directors, members, representatives and assigns. Furthermore, you agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Nextwebguide and the Covered Parties incur in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
Furthermore, you hereby understand, acknowledge and agree that regardless of any statute or law to the contrary, any cause of action arising out of or relating to the Agreement or your use of the Website or Solutions will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within that one (1) year period are permanently barred.
Should any part of the Agreement be held overbroad, invalid or unenforceable, that portion shall be construed as consistent with applicable law and the remaining portions shall remain in full force and effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
To the extent that anything in, or associated with, the Website, Solutions, Materials, e-mail messages or any Third-Party Opportunities is in conflict or inconsistent with the Agreement, the Agreement shall in all instances, govern, prevail and control. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and the rules associated with any particular Solutions or Third-Party Opportunities, insofar as the specific Solutions or Third-Party Opportunities is concerned, the applicable rules of said Solutions or Third-Party Opportunities shall control.
Any failure by Nextwebguide to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision at any later date.
Any attempt by any individual or entity, whether or not a registered Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, e-mail messages Solutions and/or Third-Party Opportunities, is a violation of criminal and civil law and Nextwebguide and its Solutions Providers and Third-Party Marketing Partners will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
If the performance of any part of the Agreement is prevented, delayed or rendered impracticable by reason of any act of God or natural disaster including, but not limited to, floods, riots, fires, judicial or governmental acts, labor disputes, or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, delayed or rendered impracticable by such forces.
You acknowledge that you have read the Agreement and agree to all of its terms and conditions. You have independently evaluated the desirability of a Membership with Nextwebguide and are NOT relying on any representation, guarantee or statement other than as set forth in the Agreement.
If you have any questions or comments about the Agreement, desire not to receive information about products or services that we think may be of interest to you, or wish to access or delete your information, please contact us via e-mail at [email protected], or call toll free at: (844) 435-3969, or via direct (postal) mail at:
PO Box 4668 #85919
New York, NY 10163-4668
If you wish to stop receiving email from us, please do so by clicking here. Or you may unsubscribe via postal mail by printing and sending a copy of this message to Nextwebguide™, PO Box 4668 #85919, New York, NY 10163-4668. Thank you.
Nextwebguide is a consumer information site that aggregates information about certain online services. Nextwebguide is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Nextwebguide does not provide “credit check” services or advice or assistance regarding “rebuilding” or “improving” your credit record, credit history or credit rating.
You are under no obligation to pursue business with any of the participating online services providers; and you are strongly encouraged to review all of the provider‘s applicable terms and conditions before providing them with any of your personal information. It is advised that you conduct your own investigation as to the accuracy of any information contained herein as such information, including without limitation any quote, is provided “as is” for informational purposes only. Nextwebguide shall not be liable for any informational error or for any action taken in reliance on information contained herein.
Nextwebguide accepts compensation from third-party marketing partners in order to provide you with this service. Such compensation is how this website can continue to exist.
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