Terms and Conditions of Use
Last Updated: August 12, 2015
Welcome to www.NextStepAcademy.com. This website is owned exclusively by Next Step Academy. (“Next Step Learning Solutions LLC”). Next Step Academy and its affiliates provide their services to you subject to the following conditions. If you visit any of Next Step Academy’s websites, you accept these conditions. Please read them carefully.
When you visit Next Step Academy’s websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DESCRIPTION OF SERVICE
Next Step Academy provides users with access to a rich collection of resources, including forums and communication services through its Next Step Academy per community which may be accessed through any various medium or device now known or hereafter developed (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Next Step Academy properties, shall be subject to the these Terms and Conditions of Use (“Terms”).
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, or if you are under the legal age to form a binding contract that you are accessing the Service with the express permission and supervision of a parent or legal guardian.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Next Step Academy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Next Step Academy has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Please remember that the Service is designed to appeal to a broad audience. If you are under 18 years of age, you must have a legal guardian supervise your access to the Service. Accordingly, it is your legal guardian’s responsibility to determine whether any of the Service areas and/or Content (as defined below) are appropriate for your child.
It is the policy of Next Step Academy to offer a one-time money back guarantee (minus the credit card fee) if a request is made within 24 hours of registration. Requests made after 24 hours of registration will not be honored. Learner also has 24 hours to receive their full subscription fee back.
When downgrading or canceling your registration or subscription, after 24 hours, you will still be able to have full access for the current term. The next billing cycle will reflect the modified pricing and the appropriate amount of add ons allocated to your account. When upgrading your account, additional add ons will be added immediately.
Your base rate includes access to Next Step Academy HR’s full suite of courses with access to our proprietary admin and personalized dashboard. All fees will be billed automatically on an semi-annual basis.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Next Step Academy of any unauthorized use of your password or account or any other breach of security.
You understand that all information, data, text, photographs, graphics, messages, tags, or other materials ("Content"), publicly posted to any Next Step Academy website, is the sole responsibility of the person from whom such Content originated. This means that you, and not Next Step Academy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Next Step Academy does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Next Step Academy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email,transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Next Step Academy official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam,""chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Next Step Academy may or may not pre-screen Content, but that Next Step Academy and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Next Step Academy shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Next Step Academy or submitted to Next Step Academy, including without limitation information in Next Step Academy per community and in all other parts of the Service.
You acknowledge, consent and agree that Next Step Academy may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Next Step Academy, its users and the public.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Next Step Academy does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Next Step Academy the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of Next Step Academy, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Next Step Academy to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Next Step Academy removes such Content from the Service.
- With respect to photos and graphics you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Next Step Academy removes such Content from the Service.
- With respect to Content other than photos or graphics you submit or make available for inclusion on publicly accessible areas of the Service other than Next Step Academy, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold Next Step Academy and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Next Step Academy reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Next Step Academy reserves the right to modify these general practices and limits from time to time. Next Step Academy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Next Step Academy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree not to reproduce,duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You agree that Next Step Academy may, under certain circumstances and without prior notice, immediately terminate your Next Step Academy account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities.
The Service may provide, or third parties may provide, links to other websites or resources. Because Next Step Academy has no control over such sites and resources, you acknowledge and agree that Next Step Academy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Next Step Academy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
All content included on this site, such as text, graphics, logos, button icons,images, audio clips, digital downloads, data compilations, and software, is the property of Next Step Academy or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Next Step Academy and protected by U.S. and international copyright laws. All software used on this site is the property of Next Step Academy or its software suppliers and protected by United States and international copyright laws.
Next Step Academy and other marks indicated on our sites are trademarks of Next Step Academy in the United States and other countries. Other Next Step Academy graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Next Step Academy or its subsidiaries. Next Step Academy's trademarks and trade dress may not be used in connection with any product or service that is not Next Step Academy's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Next Step Academy. All other trademarks not owned by Next Step Academy that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Next Step Academy or its subsidiaries.
LICENSE AND SITE ACCESS
Next Step Academy grants you a limited license to access and make personal use of its websites and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Next Step Academy. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Next Step Academy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Next Step Academy without express written consent. You may not use any meta tags or any other "hidden text" utilizing Next Step Academy's name or trademarks without the express written consent of Next Step Academy. Any unauthorized use terminates the permission or license granted by Next Step Academy. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Next Step Academy so long as the link does not portray Next Step Academy, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Next Step Academy logo or other proprietary graphic or trademark as part of the link without express written permission.
Next Step Academy and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@NextStepAcademy.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY NEXT STEP ACADEMY ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEXT STEP ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXT STEP ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEXT STEP ACADEMY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, ORE-MAIL SENT FROM NEXT STEP ACADEMY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEXT STEP ACADEMY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KINDARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Next Step Academy, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Next Step Academy or its affiliates.
Any dispute relating in any way to your visit to Next Step Academy shall be submitted to confidential arbitration in Rochester, New York, except that, to the extent you have in any manner violated or threatened to violate Next Step Academy's intellectual property rights, Next Step Academy may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts.Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent-jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVER ABILITY
We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Next Step Academy
300 Hylan Drive
Building 6, Ste. 222
Rochester, NY 14623