Terms and Conditions

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The Next Gear Solutions Web Site (the “Site”) is an online information and communications service provided by Next Gear Solutions (“Next Gear Solutions”), subject to your compliance with the terms and conditions (“Agreement”) set forth below including, all exhibits hereto. “Next Gear Solutions”, “DASH” and the “Next Gear Solutions” and “DASH” logo designs are registered trademarks of Next Gear Solutions in the United States. Other marks which appear on this Web site may be marks of third parties that are not affiliated with Next Gear Solutions. Next Gear Solutions and its affiliates do not control or endorse the content of third party Web sites.
Please read this Agreement carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site. If you utilize the Site in a manner inconsistent with these terms and conditions, Next Gear Solutions may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. Next Gear Solutions may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.

Privacy
For a complete description of Next Gear Solutions’s privacy policy, please refer to the Privacy Policy section of the Site.

User Submissions
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Next Gear Solutions will have no obligations with respect to the Communications. Next Gear Solutions and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

Disclaimer/Limitation of Liability
Next Gear Solutions makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites. Next Gear Solutions does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEXT GEAR SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEXT GEAR SOLUTIONS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEXT GEAR SOLUTIONS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL NEXT GEAR SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF NEXT GEAR SOLUTIONS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify, defend and hold harmless Next Gear Solutions, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.

Equal Opportunity Employer Statement
Next Gear Solutions is committed to providing equal opportunity employment opportunities to candidates and employees without regard to race, religion, creed, age, sex, height, weight, marital status, disability unrelated to an individual’s ability to perform adequately, national origin citizenship, ancestry, or any other characteristic protected by law.

Third Party Links
nextgearsolutions.net may contain off-site links to third parties. Next Gear Solutions is not responsible for the content or privacy practices of these sites and encourages visitors to review the policies of those sites, which may differ from ours.

Ownership, Copyright & Trademark Information
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Next Gear Solutions. The collective work includes works that are licensed to Next Gear Solutions.

The material on this site is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software without express permission from Next Gear Solutions. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

Next Gear Solutions, DASH, The Next Gear Solutions Logo, The DASH Logo, and all other trademarks, unless otherwise noted, are owned by Next Gear Solutions. All other brand names, product names, or trademarks belong to their respective holders.

Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of the Mississippi of Mississippi applicable to agreements made and to be performed in Mississippi. You agree that any legal action or proceeding between Next Gear Solutions and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Mississippi. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Next Gear Solutions’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Next Gear Solutions may assign its rights and duties under this Agreement to any party at any time without notice to you.

Contacting Next Gear Solutions
If you have any additional questions or concerns about our website terms and conditions, please contact us at 1-866-769-7855.

Changes to This Terms and Conditions Statement
From time to time, these terms and conditions may be modified or revised. All amendments will be posted here.

Mobile Application

  1. GENERAL: By installing the Application, you agree to be bound by these terms of use. Please review them carefully before installation and/or acceptance.
  2. DEFINITIONS: The “Application” shall mean the mobile software provided by Next Gear Solutions, Inc. to be used on Apple iOS and Android OS devices and any upgrades from time to time released by Next Gear Solutions, Inc. and any other software or documentations which enables use of the Application.
  3. DATA PROTECTION: Next Gear Solutions is liable for the protection of confidential data only to the extent loss of such data is a direct result of a failure to adhere to applicable laws, regulations, or industry standards concerning protection of confidential data. Next Gear Solutions shall not be held liable for loss of data due to mobile devices left unattended, shared login information leading to loss of confidential data, or any other negligence on the part of the licensee, their employees, independent contractors, or other third parties accessing the Application.
  4. PROPRIETARY RIGHTS AND LICENSE: All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application and together with the underlying software code are the exclusive property of Next Gear Solutions, Inc. except where otherwise stated.
  5. CONDITIONS OF USE: By acceptance of these terms, Next Gear Solutions, Inc. grants the non-exclusive use of the Application subject to the terms of your Order Form and Master Subscription Agreement. Failure to abide by terms of either the Order Form or the Master Subscription Agreement will result in exclusion from use of the Application. By accepting these terms, you acknowledge that Next Gear Solutions is offering the Application free of charge but all applicable fees from your mobile network provider for data usage, internet connection, and cellular service are outside the terms of this agreement and are your sole responsibility.
  6. SYSTEM REQUIREMENTS: In order to use the Application, you are required to have a compatible mobile device, internet access, and the necessary operating systems. Due to the ever changing nature of mobile technology, including operating systems and mobile devices, it is your responsibility to ensure your mobile device/operating system is currently supported by the Application. Up to date information regarding supported mobile devices and operating systems can be obtained by contacting our Live Support center. Next Gear Solutions, Inc. may, in its sole discretion, elect to discontinue support of one or more mobile devices or operating systems without notice or cause.
  7. WARRANTIES: The Application is provided “as is” and “as available” without warranty of any kind.
  8. APPLCIABLE LAWS: This agreement, in conjunction with the Order Form and Master Subscription Agreement, shall be governed by the laws of the state of Mississippi.