Terms of Service
Welcome, and thank you for your interest in Next Thirty LLC (“Next 30,” “we,” “our,” or “us“) and our website at Next30.tech, along with our related websites, networks, applications, mobile applications, and other services provided by us, including, Spark Player, SparkControl, and all successor versions or products (each as defined below, and collectively, the “Service“). These Terms of Service are a legally binding contract between you and Next 30 regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Next 30’S PRIVACY POLICY (TOGETHER, THESE “TERMS“). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND NEXT 30’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY NEXT 30 AND BY YOU TO BE BOUND BY THESE TERMS.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 20 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND NEXT 30 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Next 30 Service Overview.
Next 30 offers productivity software services. Next 30’s offerings include “Spark Player,” “Spark Control,” which allow users to organize media files and control various features of compatible LED signs.
2. Eligibility.
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company (an “Organization“), the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration.
To access the Service, you must register for an account. You may register using your Google, Facebook, or Apple account or you may create a separate account for the Service. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us either by contacting customer service at http://next30.tech.
4. General Payment Terms.
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in the currencies provided on the Next 30 website and, except as expressly provided by applicable law, are non-refundable, except required by law.
4.1. Price. Next 30 reserves the right to determine pricing for the Service. Next 30 will make reasonable efforts to keep pricing information published on the website up to date which is available on our pricing page (the “Pricing Page“). All prices are shown on the Pricing Page. Any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities are calculated during the check-out based on your location . We encourage you to check our website periodically for current pricing information. Next 30 may change the price of any feature of the Service; if this occurs, Next 30 will provide you advance notice of the changes before they apply. Next 30, at its sole discretion, may make promotional offers with different features and different pricing to any of Next 30’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2. Authorization. You authorize Next 30 and its third-party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Next 30, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Next 30 or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3. Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service“). If you activate a Subscription Service, you authorize Next 30 or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee“, please see our pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period (e.g., monthly billing periods will be billed on the same day each month). The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Next 30 or its third-party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting customer service at https://next30.tech
4.4. Delinquent Accounts. Next 30 may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
5. Next 30 Service Products
5.1. General. Users may sign up for an account for the various Next 30 Service products described below via the Next 30 website or mobile application, as applicable. These Terms apply to all products that are a part of the Service.
5.2. SparkPlayer. You may choose to sign up for the free version of SparkPlayer or the paid version of SparkPlayer. Next 30 does not represent or guarantee when, if ever, the paid version features will be available in the free version of SparkPlayer. You may upgrade from the free version of SparkPlayer to the paid version of SparkPlayer at any time by following the pricing instructions on our Pricing Page. You will be charged with the amount shown on the Pricing Page before you can access the paid version of SparkPlayer.
5.3. SparkControl. You may choose to sign up for SparkControl at any time by following the pricing instructions on our Pricing Page. You will be charged with the amount shown on the Pricing Page before you can access SparkControl.
6. Beta Services.
6.1. Generally. From time to time, Next 30 may provide you with the opportunity to try products or services which are not generally available to users (“Beta Services“). This period of time will be referred to as the “Beta Services Period“. Beta Services will be designated as beta, pilot, non-production, evaluation, or by another description with a similar meaning. You may accept or decline an invitation at your sole discretion. You may use the Beta Services solely for evaluation purposes. By using the Beta Services, you agree to: (a) cooperate with Next 30 in evaluating the Beta Services; and (b) provide to Next 30 any reasonably requested feedback, comments, and suggestions for improvements.
6.2. Beta Services Usage Data. You acknowledge and agree that Next 30 may collect anonymous data regarding usage and performance of the Service in connection with your use of the Beta Services (“Beta Services Usage Data“). Beta Services Usage Data is and will remain the exclusive property of Next 30. Next 30 may use and disclose the Beta Services Usage Data for its business purposes, including to monitor, improve, and market Next 30’s products, provided that Next 30 will not distribute or convey that data in a manner that could reasonably identify you as its source.
6.3. Beta Services Disclaimer. You acknowledge and agree that the Beta Services may be inoperable or incomplete and may contain errors, design flaws, or other problems. Next 30 is under no obligation to make any Beta Services generally available and Next 30 may unilaterally discontinue any Beta Service at any time. Furthermore, you acknowledge and agree that you use all Beta Services at your own risk and that your use of the Beta Services may result in loss of User Content, data, or communications, project delays, or other unpredictable damage or loss. Notwithstanding anything to the contrary in Section 19 (Limitation of Liability), and to the fullest extent permitted by law, Next 30 will have no liability or responsibility to you or any third party with respect to any matter whatsoever regarding the Beta Services, including the loss of any of your User Content or other data or communications resulting from your use of the Beta Services. ALL BETA SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. THE DISCLAIMERS IN SECTION 18 (DISCLAIMERS; NO WARRANTIES) APPLY TO ALL BETA SERVICES.
7. Licenses
7.1. Limited License. Subject to your complete and ongoing compliance with these Terms, Next 30 grants you, solely for your personal use or for your employer’s or Organization’s internal business operations, as applicable, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service to which you have subscribed, including the right for to install and use a reasonable number of object code copies of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that, as applicable, either you own or control, or your employer owns or controls.
7.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law or expressly authorized by us, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
7.3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (excluding Beta Services) (“Feedback“), then you hereby grant Next 30 an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
8. Ownership; Proprietary Rights.
The Service is owned and operated by Next 30. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, promotional content (including Next 30’s blog content) and all other elements of the Service (“Materials“) provided by Next 30 are protected by intellectual property and other laws. All Materials included in the Service are the property of Next 30 or its third-party licensors. Except as expressly authorized by Next 30, you may not make use of the Materials. Next 30 reserves all rights to the Materials not granted expressly in these Terms.
9. Third Party Terms
9.1. Third-Party Services and Linked Websites. Next 30 may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on Next 30 with an account on the third-party service. By using one of these tools, you agree that Next 30 may transfer that information to the applicable third-party service. Third-party services are not under Next 30’s control, and, to the fullest extent permitted by law, Next 30 is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Next 30’s control, and Next 30 is not responsible for their content.
9.2. Third Party Software. The Service may include or incorporate third party software components, integrations, or extensions that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components“). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
10. User Content
10.1. User Content Generally. Certain features of the Service may permit users to upload content to the Service and send content through the Service, including messages, photos, audio, video, images, folders, data, text, graphics, and other types of information, material, and works (“User Content“) and to publish User Content on the Service. As between you and Next 30, you retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. However, you acknowledge and agree that if you are an employee of an Organization, the applicable Organization may own the rights to that User Content.
10.2. User Content License Grant to Next 30. By providing User Content to or via the Service, your content is still yours but you grant Next 30 a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to use, host, store, translate, transfer, display, perform, reproduce, modify, display, distribute your User Content, in whole or in part, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use only in connection with the Service so we can provide you features like sharing, collaboration with authorized user, and promotional purposes by Next 30.
10.3. User Content License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, including in any Workspace, your content is still yours but you also hereby grant each user a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, edit, perform, and otherwise interact with such User Content, and, if you are an Administrator, Organization or a Workspace Authorized User, you also hereby grant to each other Workspace Authorized User and the Organization (if applicable) a non-exclusive license to access your User Content, and to use, reproduce, distribute, display, edit, perform, and otherwise interact with such User Content, in each case in accordance with the Service’s functionality and these Terms.
10.4. User Content Representations and Warranties. Next 30 disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a. you are (or your Organization is) the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Next 30 and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Next 30, the Service, and these Terms;
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) breach any contractual obligation that you owe to a third party, including any Organization; (iii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iv) cause Next 30 to violate any law or regulation; and
c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
10.5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Next 30 may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when you use the Service, you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Next 30 with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Next 30 does not permit copyright-infringing activities on the Service.
10.6. Monitoring Content. Next 30 does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Next 30 reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Next 30 chooses to monitor the content, Next 30 still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
11. Communications
11.1. Push Notifications. When you install our app on your mobile device, you may choose to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. In addition to the foregoing push notifications, you may receive notifications on your other computer hardware device (e.g., laptop, desktop, or tablet). You can turn notifications on or off by visiting your the device’s “settings” page.
11.2. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself or by contacting Next 30 customer service.
12. Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:
(a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;
(b) harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
(c) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right or using or disclosing the confidential information of any third party without permission;
(d) interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content, including controls or restrictions implemented by Administrators; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
(e) interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
(f) perform any fraudulent activity including by: (i) representing, implying, or claiming that a Workspace is affiliated with an Organization without the express consent of that Organization; (ii) impersonating any person, Administrator, Workspace Authorized User, Organization, or entity; (iii) claiming a false affiliation; (iv) or accessing any other Service account without permission;
(g) sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials; or
(h) attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
13. Digital Millennium Copyright Act
13.1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Next Thirty LLC
ATTN: Legal Department (Copyright Notification)
925 Nichols Ave, Fairhope AL 36532
Phone: +1(251)279-0007
Email: info@Next30.tech
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
13.2. Repeat Infringers. Next 30 will promptly terminate the accounts of users that are determined by Next 30 to be repeat infringers.
14. Modification of these Terms.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
15. Term, Termination and Modification of the Service
15.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2 (Termination).
15.2. Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Next 30 may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at https://next30.tech. If you or the Administrator loses access to an account or otherwise request information about an account, we reserve the right to request from you or that Administrator (as the case may be) any verification we deem necessary before restoring access to or providing information about that account. If the Administrator of an account terminates their account, then all Authorized Users of that account will no longer have access to that account, which includes any User Content contained that account. Subject to the setting designated for the particular account, it is your sole responsibility to export or save any User Content that is contained in an account. Next 30 is under no obligation to maintain or provide any User Content that was contained in an account after termination.
15.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Next 30 all payment obligations that accrued prior to termination (all prepaid fees for the Service are non-refundable and non-cancellable unless otherwise stated on the website); and (d) the following Sections: 6.2 (Beta Services Usage Data), 6.3 (Beta Services Feedback), 6.4 (Beta Services Disclaimer), 7.3 (Feedback), 8 (Ownership; Proprietary Rights), 10.2 (Limited Licensed Grant to Next 30), 10.3 (Limited License Grant to Others), 15.3 (Effect of Termination), 16 (Modification of the Service), 17 (Indemnity), 18 (Disclaimers; No Warranties), 19 (Limitation of Liability), 20 (Dispute Resolution and Arbitration) and 21 (Miscellaneous) will survive.
16. Modification of the Service.
Next 30 reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Next 30 will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
17. Indemnity.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Next 30 and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Next 30 Entities“) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) the nature or content of data processed by the Service; (e) User Content that violates federal, state, or local employment discrimination or harassment laws; (f) your use of the Service in violation of your obligations under any agreement between you and a third party, including, but not limited to, the maintenance and protection of third-party confidential information and trade secrets; or (g) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
18. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEXT 30 DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. NEXT 30 DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND NEXT 30 DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR NEXT 30 ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE NEXT 30 ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING ANY DISCLAIMER IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM (A) THE SERVICE; (B) THE ACTIONS OR INACTIONS OF THE TEAMS AUTHORIZED USERS THAT YOU INVITE TO YOUR WORKSPACE; (C) YOUR ABILITY OR INABILTITY TO ACCESS, EXPORT, TRANSFER, RETRIEVE, OR REMOVE ANY USER CONTENT FROM ANY WORKSPACE; (C) THE PROCESSING OR USE OF YOUR USER CONTENT BY AN ORGANIZATION; AND (D) YOUR DEALING WITH ANY OTHER SERVICE USER, ADMINISTRATOR, OR ORGANIZATION. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS, USE, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Next 30 does not disclaim any warranty or other right that Next 30 is prohibited from disclaiming under applicable law.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NEXT 30 ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY NEXT 30 ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 20.5 (NOTICE OF ARBITRATION; PROCESS) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE NEXT 30 ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO NEXT 30 FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20. Dispute Resolution and Arbitration
20.1. Generally. In the interest of resolving disputes between you and Next 30 in the most expedient and cost-effective manner, subject to all applicable laws and except as described in Section 20.2 (Exceptions) and 20.3 (Opt-Out), you and Next 30 agree that every dispute arising in connection with these Terms and your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NEXT 30 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this Section 20 (Dispute Resolution and Arbitration) does not affect those requirements.
20.2. Exceptions. Despite the provisions of Section 20.1 (Generally), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
20.3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 20 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Next Thirty LLC, Attention: Legal Department — Arbitration Opt-Out, 925 Nichols Ave, Fairhope AL 36532 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice“). Once Next 30 receives your Opt-Out Notice, this Section 20 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 21.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
20.4. Arbitrator. Any arbitration between you and Next 30 will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA“) under its Consumer Arbitration Rules (collectively, “AAA Rules“) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Next 30. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
20.5. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration“). Next 30’s address for Notice is: Next Thirty LLC, 925 Nichols Ave, Fairhope AL 36532. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Next 30 may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Next 30 must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Next 30 in settlement of the dispute prior to the award, Next 30 will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
20.6. Fees. If you commence arbitration in accordance with these Terms, Next 30 will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Baldwin County, Alabama, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Next 30 for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
20.7. No Class Actions. YOU AND NEXT 30 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Next 30 agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
20.8. Modifications to this Arbitration Provision. If Next 30 makes any future change to this arbitration provision, other than a change to Next 30’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Next 30’s address for Notice of Arbitration, in which case your account with Next 30 will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
20.9. Enforceability. If Section 20.7 (No Class Actions) or the entirety of this Section 20 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Next 30 receives an Opt-Out Notice from you, then the entirety of this Section 20 (Dispute Resolution and Arbitration) will be null and void and, in that case, exclusive jurisdiction and venue described in Section 21.2 (Governing Law) will govern any action arising out of or related to these Terms.
21. Miscellaneous
21.1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Next 30 regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
21.2. Governing Law. These Terms are governed by the laws of the State of Alabama without regard to conflict of law principles. You and Next 30 submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Mobile, Alabama for resolution of any lawsuit or court proceeding permitted under these Terms. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (more information can be found at ec.europa.eu/consumers/odr). We are incorporated under Alabama law, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
21.3. Privacy Policy. Please read the Next 30 privacy policy https://next30.tech/privacy (the “Privacy Policy“) carefully for information relating to our collection, use, storage, disclosure of your personal information. Next 30’s Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
21.4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms“). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
21.5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
21.6. Contact Information. The Service is offered by Next Thirty LLC, located at 925 Nichols Ave, Fairhope AL 36532. You may contact us by sending correspondence to that address or by contacting customer service at https://next30.tech (depending on which Next 30 Service product you are using).
21.7. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
21.8. International Use. The Service is operated from the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
22. Notice Regarding Apple.
This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Next 30 only, not with Apple LLC (“Apple“), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.