NextGenVest

Terms

How We Keep it Free

NextGenVest is committed to helping every student get help paying for college. We're able to do this by selling our digital financial literacy curriculum to schools.

 

Terms of Use

1. Website and Service Terms and Conditions - General

The NextGenVest website (“Website”) and related services (together with the Website, the “Service”) are operated by NextGenVest, Inc. (“NextGenVest,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. NextGenVest may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.

 

2. Description of Website and Service

The Service allows users to (i) learn about managing their finances, (ii) submit material for use by other users, and in some cases (iii) submit financial courses or career courses. Users interested in learning about managing their finances are presented with different types of educational activities. Users interested in submitting course, may do so only if they comply with requirements set forth in these Terms and Conditions concerning the material submitted and use of the translation. NextGenVest may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

 

3. Registration; Submission of Material for Translation; Course Contributor Submissions

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by NextGenVest; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to NextGenVest, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account. Any material you submit for courses must be your original work or material owned by you. You will not submit any other type of material as Education Material. The Service is not intended to be used as recommendations for purchases of financial products. By submitting Education Material to the Service, you grant us a fully paid up, worldwide license to use the Education Material in connection with the operation of the Service and agree that, among other things, this license will allow us to (i) create and use educations that are derivative works of the material, (ii) disclose part or all of the Education Material and any educations to one or more users of the Service in connection with their use of the Services and (iii) make the Education Material available on the Service as a teaching tool, to promote the service or for other purposes in connection with our operation of the Service. This means that all or part of your Education may be indexed and available on search engines such as Google and Bing. You understand that other Users will have access to Education Material and that neither they nor NextGenVest have any obligation to you or anyone else to maintain the confidentiality of Education Material. You must have a separate agreement with us that expressly authorize any commercial use of any education produced by the Service before any such use occurs.

 

4. Mobile Services

The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding NextGenVest and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your NextGenVest account information to ensure that your messages are not sent to the person that acquires your old number. Standard message rates may apply.

 

5. Your Representations and Warranties

You represent and warrant to NextGenVest that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service and that you have the right, as applicable, to grant us a license to use that material as set forth in Section 3 or the right to assign that material to us as set forth in Section 10.

 

6. Inappropriate Use

You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in NextGenVest’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose NextGenVest or its users to any harm or liability of any kind.

 

7. Indemnification of NextGenVest

You agree to defend, indemnify and hold harmless NextGenVest and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

 

8. NO REPRESENTATIONS OR WARRANTIES

THE SERVICE, INCLUDING ALL IMAGES, VIDEO, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY NEXTGENVEST ARE PROVIDED TO YOU ON AN “AS IS” BASIS. NEXTGENVEST AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEXTGENVEST DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

9. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY

IN NO EVENT WILL NEXTGENVEST BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF NEXTGENVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEXTGENVEST’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NEXTGENVEST FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

 

10. Termination

NextGenVest may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your NextGenVest account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of NextGenVest’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

 

11. Proprietary Rights in Service Content and Activity Materials

All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of NextGenVest or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and NextGenVest, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, shall be exclusively owned by NextGenVest, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to NextGenVest any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of NextGenVest or its licensors that are not expressly granted in these Terms and Conditions are reserved to NextGenVest and its licensors.

 

12. Trademarks

“NextGenVest” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of NextGenVest or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the NextGenVest name or any NextGenVest or third-party trademarks, service marks, graphics or logos.

 

13. Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://www.NextGenVest.com/privacy. By using the Service, you consent to the terms of the Privacy Policy.

 

14. Notice for Claims of Copyright Violations and Agent for Notice

If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to NextGenVest pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:

  • an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). NextGenVest’s Agent for Notice of claims of copyright infringement can be reached as follows:

 

15. Governing Law and Arbitration

These Terms and Conditions, its subject matter and NextGenVest’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of the state of New York, United States of America, excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and NextGenVest will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the state of New York. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.

 

16. Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

 

17. Miscellaneous

These Terms and Conditions constitute the entire agreement between NextGenVest and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by NextGenVest or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. NextGenVest may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of NextGenVest and you, and NextGenVest’s and your respective successors and permitted assigns.