Welcome to www.nextgenerationconsulting.com. Nextgenerationconsulting.com is owned and operated by Next Generation Consulting, Inc. ("NGC"). These Website Terms and Conditions of Use and Sale ("Terms") govern your use of the www.nextgenerationconsulting.com website and all related pages, information, databases, materials and services (collectively, the "Site"). If you do not accept these Terms, you may not use or access this Site. Use of this Site indicates your acceptance of these Terms. These Terms form a contract between you and NGC. If you have questions regarding these Terms, please contact NGC at services@nextgenerationconsulting.com. Please scroll down to review important provisions regarding arbitration, limitation of liability, waivers, indemnities, and other related provisions.
You may only use this Site if you are at least 18 years of age. By accessing any portion of the Site, you have a limited license to use its contents for your personal, non-commercial use according to these Terms. These Terms cannot be waived or modified by any oral communications between you and NGC.
NGC reserves the right, to change, delete, or update the Terms or other policies that govern use of the Site, at any time, at its discretion. NGC encourages you to review these Terms periodically for updates and changes. Your continued access or use of the Site shall be deemed acceptance of any and all changes. You should print a copy of this and future Terms for your reference. The Terms can be accessed from the link at the bottom of each page of the Site.
If you have a membership account or other relationship with NGC, that relationship is governed by the agreement specific to that particular account or relationship. The terms of these other agreements are not altered by these Terms or by any content on the Site, provided that nothing in these other agreements shall diminish the protections and rights provided to NGC under these Terms. Except as may be expressly provided in additional terms of use for specific areas of the Site or the above-referenced agreements, these Terms constitute the entire agreement between you and NGC with respect to the use of Site.
In order to access to some areas of the Site you must become a member (a "Member"). Membership is available to individuals 18 years and older who can form legally binding contracts under applicable law. When you register as a Member you agree to provide true, accurate, current and complete information, and you agree to provide NGC with any information reasonably requested by NGC related to your membership. You are solely responsible for the accuracy and disclosure to NGC of the information you provide. You agree that NGC is not liable to you or any third party for damages or losses related to the accuracy or disclosure to NGC of your information.
You agree that any information you provide to NGC, whether through the membership registration process or otherwise, including, without limitation, passwords, usernames, login ID's, credit card and financial information, and other personally identifiable information whether through questionnaires, registration forms, or other information requests, ("User Information"), will be true, accurate, current and complete information. It is your responsibility to maintain the confidentiality of your User Information. NGC requires that you agree not to share your User Information with another person, nor allow another person to use your User Information. This requirement will assist in preventing unauthorized use or misuse of the Site and protect you, NGC and other Site users. If you provide NGC with an email address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold NGC responsible for any misuse or unauthorized viewing of that information. By using or registering to use the Site, you agree to be responsible for all statements, transactions, and transmissions that occur through the use of your User Information within any Site or in provision of NGC products or services. It is your responsibility to maintain the confidentiality of your User Information. If you believe that someone has used your User Information to access the Site or to purchase any Services without your authorization, please contact NGC immediately at services@nextgenerationconsulting.com.
When registering for membership, you will receive access to those areas of the Site restricted to Members only for a 2-week trail membership period (the "Trial Period"). If during this Trial Period you determine that you do not wish to be a Member, you must provide a notice of membership termination to services@nextgenerationconsulting.com. If you do not provide a notice of membership termination during the Trial Period, you will be charged the NGC annual membership fee for the year (the "Annual Membership Fee").
Membership is provided on an annual basis, from the date of your initial membership registration (the "Registration Date") until the anniversary of your Initial Registration Date. Membership will automatically renew every year upon the anniversary of your Initial Registration Date (the "Renewal Date") unless a notice of membership termination is provided to services@nextgenerationconsulting.com at least thirty (30) days prior to the Renewal Date for the coming year.
Members may terminate their membership at any time by providing a notice of membership termination to services@nextgenerationconsulting.com. Upon receipt of such notice, NGC will terminate your membership and you will receive a pro-rated refund of the Annual Membership Fee for the year in which the notice of membership termination was received.
You are responsible for promptly paying all fees associated with your membership, or with purchase of any goods and services available on the Site (the "Services"), at the time of purchase (the "Fees"). You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to NGC's net income) related to the Annual Membership Fee or the Services (collectively, the "Taxes"). You shall promptly pay all Taxes at the time of purchase. If any Fees are not payable at the time of purchase, you shall pay such Fees within thirty (30) days of the invoice date appearing on an invoice from NGC, and overdue Fees shall be subject to a 1.5% per month late charge on any past due balance, (but in no event more than the maximum rate permitted by law). NGC retains all rights to extend or remove credit for any reason. Payment shall not be subject to any right of set-off. Once placed, orders for Services are not subject to cancellation, except with NGC's written consent, which may be withheld for any reason. You shall be responsible for any costs, charges, or fees associated with your order that have been incurred at the time of NGC's receipt of cancellation, including but not limited to the full amount of the order.
If you dispute any Fees related to purchase of any Services or the Annual Membership Fee, you shall provide NGC with written notice describing such dispute in reasonable detail and shall include with such notice all documentation as may be reasonably required to support your position regarding the dispute. All disputes regarding any Fees for Services must be submitted to NGC within ninety (90) days of the purchase of the applicable Services. If you do not submit a claim within such time period, you waive all rights to dispute such Fees. If the dispute is resolved in favor of NGC and you have withheld the disputed amount, any payments withheld pending settlement of the disputed amount shall bear interest at eighteen percent (18%) per annum or the highest amount permitted by law, whichever is lower, from the payment due date up to and including the date of payment. NGC shall be entitled to recovery of all costs and expenses (including reasonable attorneys' fees and costs) incurred in enforcing your compliance with this Agreement.
You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from NGC for any purpose. You agree not to provide User Information that is false, inaccurate, misleading, or fraudulent. Your license to use the Site includes the limited right to view, bookmark, download and print, for your personal use and information only, those pages of the Site that interest you. Your use of any materials or software from the Site is terminable by NGC at any time under the circumstances described in these Terms.
NGC respects the privacy of your information. Please review NGC's Notice of Privacy Practices for more information regarding NGC's policies and procedures for disclosing and using your information. Subject to the privacy protections contained in the above referenced privacy practices, NGC retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store your information (in any media, currently known or unknown) related to these Terms or NGC's provision of products or services.
NGC or its content providers own all of the content, materials, and other intellectual property related to the Site and services provided, including without limit all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, "Materials"). You have no rights to the Materials, except as expressly set forth in these Terms. Any use of the Materials, except as permitted by these Terms, is expressly prohibited. The contents and use of the Site (including NGC 's name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You may not: (i) use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms; (ii) copy (except as set forth above for noncommercial personal use), modify, distribute, create any derivative or compilation work from, or display NGC's name or logo, or any text, graphic images, or other content from the Site or redeliver such content using framing or similar technology; (iii) use any device designed to provide repeated automated access to any Site other than those made generally available by NGC; (iv) include "NGC" or any other NGC trademarked materials, the name of any NGC personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between NGC and you, any other party, or any other website, or otherwise use these items without NGC's express written permission; (v) collect, harvest, or store personal data about other users of the Site or YPO Directory Members; (vi) upload, e-mail or otherwise transmit to NGC or through the Site or any NGC computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, "junk mail," surveys, unsolicited e-mail, "spam," "chain letters," "pyramid schemes," or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by NGC; or (vii) create a link to any Site without NGC's prior written permission, except as provided below. (viii) use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law; (ix) use any robot, spider, scraper, or any other automated means to access the Site or service for any purpose without NGC's express written permission; or (x) forge any TCP/IP packet header or any part of the header information in any email or posting; or (xi) take any action that imposes, or may impose, in NGC's sole discretion, an unreasonable or disproportionately large load on the NGC infrastructure; or (xii) interfere or attempt to interfere with the proper working of the Site or services; or (xiii) bypass measures used by NGC to prevent or restrict access to the Site or services, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from NGC.
NGC reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing NGC to disclose such information.
NGC encourages users and Members to: (i) share their wisdom, best practices and challenges in NGC forums; (ii) provide honest, constructive feedback on NGC blogs, articles, and other written, audio, or video content on the Site to help NGC in its mission to build better places to live and work; (iii) link to NGC blogs and other free content from their own websites when done to further NGC's intention to build better places to live and work; and (iv) contact NGC at services@nextgenerationconsulting.com if there is anything NGC can do to enhance the online experience of the Site.
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the Site. You agree that NGC may terminate, restrict, or suspend part or all of your license to access the Site, as well as delete any content transmitted to or through the Site, at any time without prior notice to you and without any liability to you. You agree that NGC may terminate your membership at any time without any liability to you provided that, if the termination is by NGC without cause, NGC shall refund you a pro-rated portion of the Annual Membership Fee for the year. NGC also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in NGC's sole discretion, may create liability for NGC, its agents or its contractors, or may affect NGC business relationships or contracts with its agents or its contractors. NGC further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms - though NGC shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree NGC has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner; and you release NGC from any liability related to its monitoring activities. If NGC denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials. You acknowledge that, upon termination, NGC may immediately deactivate or delete your account and all related information and files in the account and bar you from further access to the files, the Site, and services. You agree that NGC shall not be liable to you or any third-party for any termination, restriction, or suspension of access to the Site or services.
For your general informational use only, NGC may provide access to third party websites. NGC is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to any Site via hyperlink, whether such hyperlink is provided by NGC or by a third party (including any responsibility for the accuracy, results, completeness, authorship, timeliness, or suitability of the content of any third party website to which NGC may link). By providing access to other websites, NGC is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website's sponsoring organization.
NGC is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom NGC conducts business, and nothing in these Terms, shall be deemed to create any agency relationship, affiliation, or sponsorship among NGC and such third parties or you, or make the third parties or you partners or joint venturers with NGC, or otherwise provide you or any third parties with any rights to act on NGC's behalf. NGC does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by third parties, nor does NGC endorse any opinions expressed by users or any third parties using the Site. Any reliance on material posted by other users shall be at your own risk.
In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your personal information for unauthorized or illegal purposes.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NONINFRINGEMENT). YOU AGREE THAT NGC IS NOT RESPONSIBLE FOR THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, OR FOR THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN NGC. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON NGC'S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY.
YOU AGREE THAT NGC IS NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL NGC'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE GREATER OF: (I) THE ANNUAL MEMBERSHIP FEE (IF ANY) PAID BY YOU IN THE PREVIOUS TWELVE (12) MONTHS; (II) THE AMOUNT (IF ANY) PAID BY YOU TO NGC TO PURCHASE SERVICES THROUGH THE SITE; OR (III) $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO NGC. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY NGC IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST NGC, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.
NGC EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NGC DOES NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NGC MAKES NO WARRANTIES AND DISCLAIMS ALL LIABILITY AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND DISTRIBUTED BY NGC. NGC DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.
In consideration of your use of the Site, you hereby agree to indemnify NGC, its officers, directors, employees, agents, contractors, and any third party information or service providers, (the "Indemnified Parties") from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to your: (i) breach of these Terms, (ii) violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (iii) violation of any applicable law, rule or regulation, (iv) negligence, recklessness, or misconduct, or (v) unauthorized use of your information by a party other than NGC.
NGC controls and operates the Site from its offices within the State of Wisconsin in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to NGC and your use of the Site. Any and all disputes arising under or relating to this Site shall be finally resolved by binding arbitration by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon such an award may be entered by any court of competent jurisdiction. The arbitrator will be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration pursuant to these Terms. Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the use of the Site shall be in Milwaukee County, Wisconsin.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No failure to exercise and no delay in exercising, by NGC, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by NGC of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by NGC.
Certain areas of this Site may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
Pursuant to the Digital Millennium Copyright Act, NGC designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide NGC's designated agent the following information:
NGC's designated agent for notification may be contacted at:
By Mail:
Next Generation Consulting, Inc
211 S. Paterson Street, Suite 100
Madison, WI 53703
By Phone:
(888) 922-9596
By Fax:
(608) 310-5586
By E-mail:
legal@nextgenerationconsulting.com
For purposes of these Terms, the parties hereto shall be independent contractors and neither shall at any time be considered an agent or employee of the other. No joint venture, partnership, or like relationship is created between the parties by this Agreement.
These Terms, and any policies referenced and attached hereto, constitute the entire agreement between you and NGC related to the Site and services. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms. These Terms may not be amended, altered or added to in any manner except as set forth by a document in writing and signed by an authorized representative of each party. If there is a conflict between these Terms and any terms appearing on the Site, or in any policies, those terms that are more favorable to NGC shall govern.
The terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these Terms shall survive.
Next Generation Consulting
211 S. Paterson Street
Suite 280
Madison, WI 53703
