Terms & Conditions
Terms & Conditions
2. Use License
Permission is granted to view downloadable materials on the Next Great Step website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Next Great Step website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or ‘mirror’ the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Next Great Step at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the Next Great Step website are provided ‘as is’. Next Great Step makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Next Great Step does not warrant or make any representations concerning the accuracy, likely results, or reliability of the coaching sessions, content provided during sessions, use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
You hereby agree to indemnify and hold harmless the releases from any loss, liability, damage or costs, including court costs and attorney fees, that may incur in the services provided by Next Great Step, whether caused by negligence of releases or otherwise.
In no event shall Next Great Step be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Next Great Step website, even if Next Great Step or an authorized user of Next Great Step has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the Next Great Step website may include technical, typographical, or photographic errors. Next Great Step does not warrant that any of the materials on its website are accurate, complete, or current. Next Great Step may make changes to the materials contained on its website at any time without notice. Next Great Step does not, however, make any commitment to update the materials.
Next Great Step has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Next Great Step of the site. Use of any such linked website is at the user’s own risk.
8. Governing Law
a) Age of Access
You must be at least 18 years old to use Next Great Step, or, if You are between the ages of 13 and 18, You must have your parent or guardian’s permission to use Next Great Step. By using Next Great Step, You are telling us by your actions that You have obtained that permission (You are ‘representing’ and ‘warranting’ that You have obtained the appropriate permissions to use our site). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE Next Great Step IN ANY MANNER.
b) License to Clients
You will not try to reproduce Next Great Step (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the site). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm Next Great Step. All rights not expressly granted by Next Great Step are reserved.
c) Code of Conduct
1. No Illegal Activity: Do not use Next Great Step for any illegal activity. You are not allowed to use Next Great Step to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. No Fraud: Fraud will not be tolerated in any capacity.
3. No Bad Code: Do not use Next Great Step to transmit, distribute, send, or otherwise expose Next Great Step to its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
4. No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.
5. No Use Other Than Intended: You may not use Next Great Step or any Content contained on the site for any purposes other than intended.
If You violate this Code of Conduct, we reserve the right to remove You from Next Great Step. Whether conduct violates our Code of Conduct will be determined in Next Great Step sole discretion.
I. Next Great Step General Rights In Operating Its site
Next Great Step Reserves the Following Rights Over the Entire Next Great Step site:
a) Next Great Step may modify, terminate, or refuse to provide Next Great Step Services at any time for any reason, without notice.
b) Next Great Step may remove anyone from the Next Great Step site at any time for any reason, solely at Next Great Step’s discretion. This right is not modified by any other section of this Agreement.
c) Next Great Step reserves the right to access Your account in order to respond to requests for technical support, to maintain the safety and security of the Next Great Step site, and for other legitimate business purposes, as necessary, at Next Great Step’s discretion.
d) Next Great Step reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
e) Next Great Step reserves the right to remove You without warning if You violate any of the provisions of this Agreement.
f) Next Great Step has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.
II. Next Great Step’s Copyright Policy
Next Great Step takes a firm stance against anyone who is infringing upon anyone else’s intellectual property.
III. Payments and Cancellation Policy
All Transactions made through Next Great Step are subject to additional agreements that define the terms of engagement.
IV. Errors and Corrections
Next Great Step does not guarantee that the site or any services offered will be error-free or otherwise reliable, nor does Next Great Step guarantee that defects will be corrected or that any offerings through the site will always be accessible. Next Great Step may make improvements and/or changes to the site and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur.
We reserve the right to amend the Next Great Step website, and any service or material we provide on the site, is our sole discretion without notice. We will not be liable if for any reason all or any part of the site is unavailable at any time or for any period. From time to time, we may restrict access to some or all clients.
V. Limitations of Liability
In running the site, we require that You understand and agree that Next Great Step is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the site. We also require that You understand and agree that the site may not always be 100% perfect or reliable and that Next Great Step doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Next Great Step will be limited to a portion of the fees You have paid us. Our limitations of liability are as follows:
a) You agree that Next Great Step, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the site.
b) You agree that Next Great Step shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with services, content, downloads, or communications.
c) Next Great Step is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
d) Next Great Step does not guarantee that any files available for downloading from the site will be completely free from viruses or other harmful computer code.
e) Next Great Step shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the site.
f) You are solely responsible for ensuring that Your use of the site complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the site.
g) You may not assign Your rights under this Agreement without Next Great Step’s prior written consent.
h) Except as set forth herein, nothing expressed or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
i) You agree that any cause of action or claim that You may have against Next Great Step must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.
VI. Remedies for Violations
Next Great Step reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing clients from the site, the right to block access to the site from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.
VII. Governing Law and Jurisdiction; Disputes and Arbitration
a) This Agreement shall be governed in accordance with the laws of the State of New Jersey without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the County of Essex in the State of New Jersey. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.
b) You and Next Great Step agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity.
c) You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Next Great Step and all parties to any such proceeding.
VII. California Civil Code Section 1789.3
California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement.
IX. Entire Agreement; Severability of Provisions; No Waiver
b) If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
c) No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
You represent and warrant that You are not, nor are You owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury’s Office of Foreign Asset Control (“OFAC” ), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a “Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a (“Prohibited Person”); (ii) You are not (nor are You owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) You (and any person, group, or entity which You control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) You are not prohibited by any sanctions program as maintained by OFAC from transacting with Next Great Step. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.
The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Next Great Step shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.
Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.
XIII. Contact Us
If You have questions or concerns regarding these Terms and Conditions, the site, Next Great Step Services, or Content, You may contact us at 973-577-6161.
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