Next Force Technology Terms of Use
Last Update: October 11, 2021
These Terms of Use (“Terms”) explain and govern the terms and conditions under which you may download, access and use the applications, websites, content and services (collectively the “Services”) offered by Next Force Technology, Inc. (“NEXT”). Please read these Terms carefully and download them for your records. By downloading, accessing, or otherwise using any of our Services, you are entering into a binding contract with us. In other words, you, and we, are agreeing to be bound by these Terms when we deal with each other. In these Terms, references to “you” and “your” refer to you as the user of our Services. References to “us,” “our” and “we” refer to NEXT.
Please Read These Terms Carefully To Ensure That You Understand Each Provision. These Terms Contains A Mandatory Individual Arbitration And Class Action/Jury Trial Waiver Provision That Requires The Use Of Arbitration On An Individual Basis To Resolve disputes, Rather Than Jury Trials Or Class Actions. You Have The Right To Opt Out Of The Binding Arbitration And Class Action/Jury Trial Waiver Provision As Described Below.
By clicking to create an account in our Services, you are deemed to have executed the contract between us containing these Terms, effective on the date you click to create your account, pursuant to California Civil Code 1633.8 and the federal Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. Sec. 7001, et seq.). Doing so constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms. If you do not agree to these Terms, you may not access or use our Services. NEXT may change these terms at any time, so please check back frequently. Your continued use of the Services after any change constitutes your agreement to the new Terms.
NEXT offers mobile and online platforms allowing employers or managers (“Employers”) to borrow workers across their own locations and to post short term temporary shift opportunities to meet staffing needs and allowing workers, who voluntarily join the marketplace as Any-time TM Crew (“ATC”), to request to be hired on a per shift basis. The Services may also include mobile messaging (“Messaging”) that allows Employers and ATC to upload, submit, store, send or receive messages and other content to or through Messaging. Where it is available, Messaging is considered part of the Services.
To use our Services, you will need to create a profile that will include personal information about you and you may also provide us other personal and non-personal information as you use the Services. Such information may include, among other information, your telephone numbers, your position or title, your schedule, your pay rate, work history, address, a photo, and other information. We may also collect information from you or your employer concerning your pay and payroll (the “Payroll Information”). Payroll Information may include, without limitation, your Social Security Number and information contained in your IRS form W-4 or form I-9. Employers or other ATC may also provide this and other information to us and you agree that your Employer and other ATC are authorized to provide us any such information. You agree and consent to collection and sharing of data collected through the Service for any lawful purpose and that we may use this information and any data concerning your use of the Services, for our own business purposes in our discretion as we see fit. We may also independently collect information about you as you use the Services. Employers, other users, and the public may be able to see the information you provide to us or that we collect. Some of that information you provide or that we collect may be sensitive personal information. You may participate in public discussions, post or respond to messages and reviews, or introduce other content to the Services. You agree that we may maintain records of all activity that occurs through use of the Services and any data that our Services generate. You agree that we are the owner of such records and data and that we may use and transfer such records and data for our own business purposes as we see fit. In providing personal and non-personal information to us, you agree that you have read and understand our Privacy Policy which you can read by clicking here. All of the information you provide to us or that we collect from you or your Employer or other ATC, whether text, data, messages, images, audio, video, or any other kind of information, is called “User Content” in these Terms.
You represent and warrant to NEXT that 1) you are the owner of or are authorized to use and give to us all User Content that you provide to us or post as part of the Services, 2) that any User Content you provide to us does not violate anyone else’s rights including ownership rights or other intellectual property rights, and 3) User Content you provide to us is true and accurate in all respects.
As between you and Next, you own the rights to your User Content that you provide to us. However, you also grant to NEXT, our successors and affiliates, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, world-wide license to use, modify, reproduce, publish, edit, distribute, make derivative works of, publicly perform, publicly display and otherwise exploit in any manner such User Content, in whole or in part, and in any format and distribution method now existing or later developed, including over the Internet or on mobile devices, for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever in connection with the Services and NEXT’s business, provided however that for certain Payroll Information, our rights may be subject to certain limitations based on applicable regulations. You agree that we can exercise these rights without any further notice to or consent from you, and without making any payment to you or any other person or entity at any time in connection with these rights.
You understand that User Content from you, from any Employer, or from other users presented in the Services, including without limitation any ratings and reviews, are not the opinions of or prepared by NEXT and have not been vetted or approved by NEXT. You agree that NEXT is not liable for the content of or accuracy of any User Content.
IN NO EVENT SHALL NEXT OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO USER CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NEXT WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
If you are a worker at an existing business client or a marketplace ATC looking to be hired for extra work, you agree that NEXT is not your employer and is not responsible to pay any wages, fees, or any other amounts to you for any purpose. You agree that NEXT has no responsibility to pay for or reimburse you for any costs you incur or that arise or are related in any way to your use of the Services or your work for any Employer. You agree that NEXT has no obligation to collect or withhold any taxes or to provide any benefits to you of any kind related to your work for any Employer. All payments of wages, benefits, or other amounts due to you that are related to or arise from your use of the Services or work for any Employer are the sole responsibility of the applicable Employer and not Next, and you agree to look solely to such Employer for any such payments, benefits and amounts. Use of the Services does not in any way modify or change the terms of your employment with your Employer including, if applicable, employment at-will.
If you are an Employer you agree that you are solely responsible for any compensation, taxes, benefits, or any other liability or cost of any kind that may arise as a result of any worker’s or ATC’s services to you or any purported agreement or understanding between you and any worker or ATC. You agree that NEXT has no obligation to pay or reimburse you for any costs you incur or that arise or are related in any way to your use of the Services or the conduct of any worker or ATC. You agree that NEXT has no obligation to collect or withhold any taxes or to provide any benefits or payments of any kind to any worker or ATC related to or arising from their work for you or your engagement of them. You agree that NEXT has no obligation to vet or check the background of any worker or ATC and NEXT shall have no responsibility to verify whether any User Content is true and accurate. You agree that your use of the Services and the work or services any worker or ATC provides to you is at your own sole risk and NEXT shall have no liability or obligation that arises from the conduct or omissions of any worker or ATC or your engagement of any worker or ATC.
Notwithstanding the foregoing two paragraphs, NEXT may, as part of its platform Services, facilitate ATC new hire onboarding and net ATC or worker payroll on behalf of, and as an authorized representative of, the business clients for whom it is contracted to provide services.
You understand that even if we are contracted to provide ATC or worker payroll services or ATC onboarding services, the Employer is solely responsible for all payroll and personnel matters and NEXT will have no liability to you, unless explicitly provided for in a contract signed by both you and NEXT, in connection with such matters.
You further understand and agree that we are not an employment agency or job placement service.
You agree that, though your Employer may contract to use NEXT Services at your place of employment, your use of the Services on a personal mobile device, or outside of your regular scheduled work hours, or work location, is completely voluntary. Services provided through NEXT are for convenience only and are not required by your employer as condition of employment.
NEXT Shifts are for voluntary pickup when people are looking for extra hours and are not required or mandated by your employer.
You understand and agree that your use of the services does not guarantee the shifts or work times that you sign up for or that are made available to you as part the Services. You agree that your Employer may change schedules or shifts at any time, consistent with applicable labor regulations, and NEXT will have no liability to you for any such changes that may occur.
The pay shown for each NEXT shift is an estimate of gross earnings based on the hours scheduled for the shift and the pay rate as provided to NEXT. Actual earnings will be determined by the actual pay rate with your employer and the actual on the clock hours worked. All earnings and incentives are subject to applicable payroll taxes and deductions. Additionally, you acknowledge that there may or may not be any overtime and/or or other regulatory premium pay applicable to each NEXT shift shown.
You agree that you will always comply with your all your Employer’s policies and procedures when using the Services, including but not limited to, attendance, canceling shifts, communication policies, harassment policies, discrimination policies, work hours, labor polices, and other conduct policies.
You agree that you will always comply with applicable law whenever you use the Services, including during your engagement with an ATC, worker, or Employer. This means, among other things and without limitation, that you will comply with all applicable laws prohibiting harassment and discrimination.
Though communication through a mobile device is essential to the use of the Services, use of the Services is voluntary. You understand and agree that, although the Service is free to download to your mobile device, you may incur costs associated with use of the Services on your mobile device. Further, you agree and understand that NEXT and your Employer will not provide you a mobile device to access the Services and will not reimburse you for any costs associated with the Services, including but not limited to, mobile data charges, wireless internet charges, hardware or software costs, or any costs associated with loss of access to hardware, software, data or mobile applications, unless specifically provided for in your employer’s mobile phone policy.
You are responsible for acquiring a mobile device compatible with the Services and maintaining text (SMS) and data network access necessary to use the Services at your own expense. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your mobile device and you are solely responsible for such rates and fees.
For the purposes of registering and onboarding with the Services, you may be required to communicate with NEXTbot via text or SMS messaging. During onboarding you may receive a series of approximately 4-5 text messages asking questions to verify your NEXT account. Message frequency may vary. Message and data rates may apply. Text HELP for help. Text STOP to block.
By using the Services and providing your mobile phone or device number, you agree that Employers, former Employers, ATC and NEXT may send you text (SMS) messages or push notifications and track GPS geo-location data of your mobile device as part of the Services. NEXT does not guarantee that the Services will function on any particular mobile device and is not responsible for any third party network data or communications malfunctions or delays.
As we provide the Services as a service to Employers and as a courtesy to ATC such as you, you understand that your current and former Employers may have access to your User Content and you should assume that none of your User Content is private, expect for certain Payroll Information which may be subject to certain regulatory requirements. From time to time Employers may request that we remove certain User Content. You understand and agree that we may follow any instructions received by Employers for removal of User Content. We do not analyze the User Content prior to removal or whether the Employer’s request for removal is proper or lawful. You agree that in the event an Employer’s request for removal of User Content is not lawful, you will look solely to the Employer for redress and you agree that we will have no responsibility whatsoever to you for any such removal. You agree not to bring any legal action against us for removal of any User Content. You agree that you will only seek remedies pertaining to removal of User Content from your Employers.
You agree that we have no obligation to maintain or save records of your User Content, expect for certain Payroll Information which may be subject to certain regulatory requirements. For example, generally, we delete all messages you send or receive through Messaging from our servers after 7 days, though you agree that we may maintain records of all User Content for any time period that we choose. You also understand and agree that we may not remove User Content from your or any other user’s mobile device or computers.
You understand and agree that you must abide by all motor vehicle laws while using the Services, including but not limited to all federal, state and local laws with respect to the use of technology while driving a motor vehicle. You agree that you will not use the Services while driving or engaging in any other activity that could create a danger to you or others.
Subject to your agreement to and compliance with these Terms and your payment in full of fees for the Services, if applicable, NEXT provides you a limited, non-exclusive, non-transferrable right to download, access and use the Services made available by NEXT including all of its features, functionality and content available to you, via a web browser or mobile device as applicable.
When you access or use the Services for any reason, you agree that you will not: (i) use the Services for any illegal purpose; (ii) post content that is pornographic, profane, racist, threatening, sexually suggestive, abusive, defamatory, fraudulent, false, vulgar or otherwise offensive; (iii) solicit or gather any other user’s information other than for purposes permitted by the Services; (iv) falsify your profile; (v) use the Services if you are under the age of 18; (vi) copy, reproduce, modify, create derivative works from, distribute, or publicly display the Services or any content (including without limitation text, images, trademarks, service marks and logos, and excluding only your own User Content), any software code that is part of the Services, or any services that are offered by NEXT, without the prior express written permission of NEXT or the appropriate third party, as applicable; (vii) interfere or attempt to interfere with the Services in any way; (viii) avoid or attempt to avoid any restrictions we place on your ability to access or use any part of the Services; (ix) collect or harvest any personally identifiable information from the Services; (x) use the Services for any purpose other than its intended purpose; (xi) reverse engineer or attempt to reverse engineer any part of our Services or the computer code underlying it; (xii) recreate, lease or use the Services for time sharing, hosting, service provider or like purposes; or (xiii) introduce or attempt to introduce any malicious code, virus, spyware, Trojan horse, hidden routine or other software or code that is intended to impair or disrupt the Services in any way.
You understand that we have no obligation to monitor User Content, or to verify compliance of the above policies by any user. You agree that we have no responsibility for any User Content in Messaging, even if such User Content is harmful to you or others.
In addition, you may not use our Services to directly or indirectly, advertise or promote another product or service, or to solicit other users for other websites, products or services.
If you register for an account to use the Services, you may be required to verify your mobile phone number by entering a verification code provided by our services at the time you create your profile. You are responsible for all activity that goes on in your account. You agree that you will not give access to any person whom you have not authorized to access your account on your behalf.
If you have questions or need assistance with our onboarding NEXTbot you can send email to Support@nextforce.us to reach our customer care team. Once you have successfully onboarded to the Services our customer care team can also be reached through the NEXT Support messaging function in the Tools section of our mobile application.
Either you or we may terminate the contract represented by these Terms of Use at any time, at your or our sole discretion and without requiring written notice. Termination of the contract by either party will mean that you may no longer use the Services, your account will be closed, the rights provided to you through these Terms will be terminated, and you must uninstall and delete all NEXT applications from your mobile devices and computers.
You also understand that upon your termination from any Employer’s employment, we may remove you from any messaging groups in Messaging associated with Employers or the Services.
Sections 2, 3, 10, 14 and 18-27 will survive the termination of our contract for any reason.
You must be 18 and legally able to enter into a binding legal contract in order to use our Services. The Services and their associated software applications, websites and other components are not intended for use by children, and you may not use the Services if you are under the age of 18.
From time to time the Services may allow you to view content provided by a third party, may contain links to third party sites, or may allow you to access and receive third party services. A third party is any person or company that is not NEXT or you. User Content for other users, for example, is third party content you will view if you click on a user profile.
NEXT allows its users to create profiles and User Content as a convenience. We do not confirm or verify the information contained in either and your use of such information is at your own risk.
Likewise, NEXT may make third party services available to you as a convenience and for your personal or business use. Such third party services or any content related to it is the responsibility of the third party owner of that content, not NEXT. Likewise, if you click a link to visit or use a third party website or service, you are subject to that third party’s terms of use or service. In exchange for us making third party content, links and services available to you, you agree that NEXT is not responsible or liable for the availability, reliability, content or results of third party services, websites, applications, content, products or other properties.
You are responsible for creating, downloading and saving your User Content and any other employment or business records associated with your use of the Services. Unless explicitly provided for in a contract signed by both you and NEXT, we have no responsibility to maintain your User Content or other employment records and you agree that we will have no liability to you if we lose or damage your User Content or other employment or business records.
Notwithstanding anything to the contrary contained in these Terms, as between you and NEXT, NEXT owns all rights, title and interest in and to the Services, excluding User Content and third party content, including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights and all copies, modifications and derivative works thereof. You acknowledge that you are obtaining only a limited right to use the Services, and that irrespective of any use of the words “purchase”, “sale” or like terms with respect to the Services or any NEXT application or software, no ownership rights are being conveyed to you under these Terms or otherwise.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to NEXT’s business, Services, or processes and techniques, including User Content (“Confidential Information”) disclosed to you by NEXT for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of NEXT in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to NEXT with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by NEXT or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of NEXT; becomes known to you, without restriction, from a source other than NEXT without breach of this Agreement by you and otherwise not in violation of NEXT’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to NEXT to enable NEXT to seek a protective order or otherwise prevent or restrict such disclosure.
You hereby agree to indemnify, defend, and hold harmless NEXT, its directors, officers, employees, agents, shareholders, licensors, attorneys, independent contractors, subsidiaries, and affiliates from any claims, actions, suits, loss, expense, demand or liability, including attorneys' fees and costs as they are incurred, in connection with (i) your use or inability to use the Services, (ii) any content submitted by you or using your account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful, (iii) your violation of any provision in these Terms and (iv) any request by and Employer for us to remove User Content related to you. NEXT reserves the right, at your expense, to assume the defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of NEXT.
NEITHER NEXT, ITS LICENSORS OR THIRD-PARTY SERVICE PROVIDERS, WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND WHETHER OR NOT YOU ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.
ALL SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE AND WITHOUT WARRANTY. YOU UNDERSTAND THAT WE CANNOT GUARANTEE THE SAFETY OF THE SERVICES. NEXT MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING EITHER IN STATUTE, OTHER LAW OR FROM A COURSE OF DEALING. NEXT ALSO EXPRESSLY DISCLAIMS AND MAKES NO WARRANTY WITH RESPECT TO ANY THIRD PARTY CONTENT, INCLUDING USER CONTENT.
We hope that we will never be in a dispute with you. If we are, however, we strongly believe in trying to resolve disputes before litigation. To that end, you and we agree to the following with respect to any disputes between us and you.
Law and forum for Disputes. You agree that our relationship and these Terms are governed by the Federal Arbitration Act and the internal substantive laws of the State of California, regardless of the state where you live. You also agree that any claim or dispute you have with NEXT must be resolved by a court or arbitrator located in Santa Clara County, California as described below. You hereby submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
First, we negotiate. You and NEXT shall attempt in good faith to resolve all claims, disputes, controversies and questions between us, arising under or related to these Terms or the Services (all “Disputes”) promptly by negotiation. Either you or NEXT can begin the negotiation by providing written notice to the other stating a desire to negotiate and setting out both the nature of the Dispute and the party’s desired result. You can contact us Next Force Technology, Inc., 2150 North First Street, 4th Floor, San Jose CA 95131, Attn: Legal Department, to let us know you have a Dispute you want to negotiate. If we have a Dispute, we will contact you at the mobile number or email address, if provided, you registered with us.
Then, we mediate. If the Dispute has not been resolved within thirty (30) days after your or our written request for negotiation, you and NEXT agree first to try in good faith to settle the Dispute by mediation administered by JAMS. The mediator shall be selected by mutual agreement between us. If we cannot agree on a mediator, one will be appointed by JAMS. The mediation shall be treated as a settlement discussion and therefore shall be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each party will bear its own attorney fees and costs for the mediation and will share JAMS’ administrative and mediator fees equally.
IF YOU REFUSE TO MEDIATE THE DISPUTE, OR FAIL TO SHOW UP FOR A SCHEDULED MEDIATION, YOU (I) LOSE YOUR RIGHT TO ARBITRATION DESCRIBED BELOW; (II) AGREE THAT YOU WAIVE ALL OF THE CLAIMS IN YOUR DISPUTE AGAINST NEXT, AND (III) RELEASE NEXT FROM ANY LIABILITY FOR SUCH CLAIMS.
If necessary, we arbitrate. And Arbitration is Mandatory. If the Dispute is not resolved via mediation, you and NEXT further agree that the Dispute shall be settled solely by mandatory and binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules. Judgment on any award rendered in arbitration may be entered in any court having appropriate jurisdiction. Each party will bear its own attorney fees and costs in the arbitration proceeding and will share JAMS’ administrative and arbitrator fees equally.
Claims shall be heard by a single arbitrator, unless the claim amount exceeds $100,000, in which case the dispute shall be heard by a panel of three arbitrators. The place of arbitration shall be Santa Clara County, California. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. The award of the arbitrators shall be accompanied by a reasoned opinion.
The party wishing to start the arbitration must submit a written demand for arbitration to the other. You can submit your demand by certified mail to Next Force Technology, Inc., 2150 North First Street, 4th Floor, San Jose CA 95131 Attn: Legal Department. If we have a Dispute, we will contact you at the email address you registered with us and send a copy by certified mail to your last known address. You agree to service of process in this fashion.
Any demand for arbitration must identify the parties to the Dispute, the legal basis for the Dispute, the factual basis for the Dispute, and the specific remedy sought (including the amount of any claim for damages). The demand must be made within the time limits that would apply to the claims in the Dispute if they were resolved in a court and not by arbitration. The arbitrator(s) will resolve all disputes regarding the timeliness or sufficiency of the demand for arbitration.
ALL CLAIMS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER ALSO APPLIES TO CLASS ARBITRATION, AND UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NEXT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
ACTION IS REQUIRED BY YOU TO PROTECT YOUR LEGAL RIGHT TO SUE US IN COURT OR TO PARTICIPATE IN ANY WAY IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT OF THE ARBITRATION, CLASS ACTION AND JURY TRIAL WAIVER PROVISIONS OF THESE TERMS BY NOTIFYING US IN WRITING WITHIN 30 DAYS OF ENTERING THESE TERMS, OR YOUR FIRST USE OF THE SERVICES, WHICHEVER IS LATER. SUCH WRITTEN NOTIFICATION MUST BE SENT TO NEXT, 2150 NORTH FIRST STREET, 4TH FLOOR, SAN JOSE CA 95131 , ATTENTION: LEGAL DEPARTMENT AND MUST INCLUDE: (1) USERNAME, (2) NAME, (3) ADDRESS, (4) TELEPHONE NUMBER, (5) EMAIL ADDRESS, AND (6) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND THAT YOU WISH TO OPT-OUT OF THE ABOVE ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS.
These Terms of Use are subject to change at any time and all changes are effective when they are posted. Your use of the Services after changes are posted will constitute your acceptance of the revised Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Next as a result of these Terms or use of the Services. Neither party is authorized to assume or create any obligation or responsibility, including but not limited to obligations based on warranties, guarantees, or other contractual obligations, on behalf or in the name of the other party. These Terms constitute the whole and entire understanding and agreement between you and NEXT regarding the subject matter of these Terms and the Services, and they supersede all prior or contemporaneous oral and written agreements and understandings between us relating to the subject matter of these Terms. An exchange of emails cannot modify this Agreement or any of its Terms. If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be unlawful or unenforceable, the unenforceable provision shall be deemed stricken and the remaining provisions of these Terms shall remain in full force and effect. You are solely responsible for your compliance with local, state and federal laws and you represent and agree that you are not relying on NEXT in any way for compliance with such laws. The Services are provided by NEXT from its facilities in the United States. NEXT does not offer services outside of the United States at this time, and NEXT makes no representation that its services are appropriate for use in other locations. If you access the Services or any component of them from outside the United States, you do so of your own volition and at your own risk, and you are fully and solely responsible for compliance with local laws where you live. The section headings above are for purposes of convenient reference only and shall not be used to construe or modify the terms written in the text of this Agreement. No waiver by either party of any breach of this Agreement, no matter how long continuing or how often repeated shall be deemed a waiver of any subsequent breach of the Agreement, nor shall any delay or omission on the part of either party to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power or privilege.