Terms of Use

This statement was last updated January 10, 2024.

These Terms of Use ("Terms") apply to your use of nextaccess.com (the "Site"). The Site is operated by NextAccess LLC, a Delaware limited liability company (“Company”).

PLEASE READ THESE TERMS BEFORE ACCESSING, BROWSING, OR OTHERWISE USING THE SITE

Your access to, and browsing, review and use of the Site is subject to these Terms and all applicable laws. By accessing and using the Site, you accept these Terms, without limitation or qualification. If you do not agree to the Terms, do not use the Site. If, at any time, any part of the Terms is no longer acceptable to you, immediately terminate your use of the Site.

RIGHT TO CHANGE, MODIFY OR DELETE THE TERMS

The Company reserves the right to change, modify, add, or delete portions of the Terms at any time, without prior notice. Please re-review the Terms periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.

PRIVACY

Please refer to the Company's Privacy Policy for information regarding the Company's collection, use, and storage of users' information.

COPYRIGHT AND USE OF SITE CONTENT

This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the "Content"), is the property of the Company, and is protected from unauthorized copying and dissemination by U.S. copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the site are owned by third parties. Except as we have described in these Terms, nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of the Company or such third party that may own the trademark or copyright of material displayed on this Site.

The Company encourages and permits links to Content on the Site. However, the Company is an organization committed to the highest professional standards.Therefore, the Company does not grant any license or other permission for links or other use of the Site or its Content if such use or link: (a) suggests that the Company promotes or endorses any third party’s causes, ideas, political campaigns, websites, products or services; (b) copies, displays, disseminates or otherwise uses the Content without the Company’s express written consent; or (c) uses the Content for commercial purposes. Furthermore, the Company does not grant its consent for links to the Site where the linking party engages in any Prohibited Conduct (as described in these Terms). The Company reserves the right to withdraw permission for any link at any time.

Subject to your full compliance with these terms, the Company authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

TRADEMARKS

The trademarks, service marks, logos and trade names (the "Trademarks") used and displayed on the Site, including, but not limited to, NEXTACCESS™, are registered and unregistered Trademarks of the Company. Other trademarks, service marks, logos and trade names may be owned by others. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Company intellectual property displayed on the Site. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The trademark and trade name  and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of Content on the Site, without prior written permission from the Company and you shall not refer to or attribute any information to the Company or its licensors in any public medium for promotional or advertising purposes, or otherwise, or for the purpose of influencing a third party. The Company also prohibits use of NEXTACCESS™ and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by the Company in writing.

RESPONSES TO ONLINE REQUESTS

From time to time, the Company may offer to provide information or materials via e-mail or otherwise to interested persons. The Company reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

PROHIBITED CONDUCT

You may use the Site for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Site, any Content that is any of the following:

  • Post, transmit or otherwise make available through the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, such as a virus, worm, Trojan horse, Easter Egg, time bomb, spyware or other computer code, file or program (each, a “Virus”).

  • Post, transmit, or otherwise make available through the Site any material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

  • Use the Site for any commercial purpose or otherwise use the Site for processing data or other information on behalf of any third party.

  • Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.

  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of any of the Site; or violate any requirement, procedure or policy of such servers or networks.

  • Restrict or inhibit any other person from using the Site.

  • Create or share content without first obtaining any necessary permissions from third parties or otherwise use the Site to post or transmit any information that you do not have the right to provide; that would violate any applicable law or regulation; or that would violate, infringe or misappropriate any third party right or interest. 

  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without the Company’s express prior written consent.

  • Reverse engineer, decompile or disassemble any portion of any of the Site, except where such restriction is expressly permitted by applicable law.

  • Remove or alter any copyright, trademark or other proprietary rights notice on the Site or content you access via the Site.

  • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without the Company’s express prior written consent.

  • Systematically download and store Site’ content. For the avoidance of doubt, caching of the Site is permitted by a service provider acting in the normal course of its business where permitted under applicable law, such as under the UK Electronic Commerce (EC Directive) Regulations 2002.

  • Use any robot, spider, Site search/retrieval application or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Site, (b) reproduce or circumvent the navigational structure or presentation of the Site, or (c) harvest or collect information about users of the Site without the Company’s express prior written consent.

CONTENT MANAGEMENT AND REMOVAL

The Company does not and cannot review generally the content posted by users of the Site ("Users' Content") and is not responsible for such Users' Content. However, the Company reserves the right to cancel your access to these areas and/or delete, move, or edit any Users' Content (including messages posted in any forum) that it may determine, in its sole discretion, violates the Terms. You shall remain solely responsible for all Users' Content posted by you or by any other person using your account. The Company shall have the right, but not the obligation, to correct any errors or omissions in any Users' Content, as it may determine in its sole discretion.

The Company prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please send an email to the Company here, giving a written statement that contains the following information: (a) an identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) an identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. The Company will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

NON-ENDORSEMENT

The Company does not represent or endorse the accuracy or reliability of any Users' Content displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any subscriber, information provider or any other third party. The Company expressly disclaims any liability related to Users' Content, and you acknowledge that any reliance upon such Subscriber Content shall be at your sole risk.

The Site may contain links to websites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that the Company is not responsible for the availability of, or the content or software applications located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.

SUBSCRIBER QUALIFICATIONS

When registering with or applying to the Company you must provide accurate, complete, and current registration information and you agree to provide the Company with any updates to that information promptly after such changes occur.

Individual subscriptions to the Site are available only to persons who are at least 18 years of age. Minors may receive access keys or user id/passwords only as part of an authorized group subscription. Your right to use the Site is personal to you and cannot be transferred to any other person.

You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Site. You shall be responsible for all charges associated with accessing and maintaining a connection to the Site including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.

REGISTRANT INFORMATION

Unless you elect otherwise by making the appropriate selection on the Company personal information page, the Company shall have the right to disclose certain limited registrant information including, but not limited to, the registrant's name, e-mail and mailing address, to affiliates, partners and third party vendors for the purpose of providing registrants with information about products and services. The Company shall also have the right to disclose aggregate information about registrant usage and demographics in a manner that does not reveal the personal identity of any individual registrant. The Company shall have the right to send you electronic mail to inform you of changes or additions to the Site, or of any products and services of the Company. For additional information, see the Company's Privacy Policy.

THIRD PARTIES

The Company may provide you with links to third party websites, and some of the Content appearing to originate from the Site may be supplied by third party Content providers. The Company has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party Content providers.

ACCESS TO AND AVAILABILITY OF THE SITE

The Site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.

RESTRICTION, SUSPENSION OR TERMINATION

The Company reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.

The Company may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.

DISCLAIMER OF WARRANTIES

THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER the Company, THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER THE COMPANY NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES THE COMPANY, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold the Company, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the "Company Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by the Company or any Company Representative in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms or the representations, warranties, and covenants you made by agreeing to these Terms. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with the Company's defense of such claim.

CHOICE OF LAW

The Terms shall be construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles.

ENTIRE AGREEMENT

The Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

NO AMENDMENT OR WAIVER

The Terms may not be amended except in writing signed by the Company and no waiver shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of the Company. Any failure to enforce any provision of these Terms shall not constitute a waiver of a future breach of that or any other provision of these Terms.