NEXTWORLD

TERMS OF USE AND PRIVACY

These Terms of Use and Privacy Policy, (together the “Terms”) governs your use of the software application entitled “Nextworld” (the “App”) that was created by and on behalf of Nextworld LLC (“Company” or “we” or “us).   These Terms govern all matters related to your installation and use of the App and supersede all other agreements with respect to the App. The latest Terms will be posted at https://www.nextworld.net/terms (the “Site”) and you should review the App periodically.   To the extent you are using the App on behalf of a Company customer, your use of the App is also subject to your Nextworld Services Agreement (or similarly titled agreement governing access and use of Nextworld hosted services) (“Agreement”), and to the extent of any conflict between these Terms and the Agreement, with regard to your use of the App, these Terms prevail.

BY USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL/, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

Company provides the App to allow users to identify and track inventory and assets using cloud-based software.  To use the service, you must download and install the App and then sign in with an already-provisioned account (“Account”).   Your account is required to container certain types of personal information, including your email address (“Login Credentials”). You are responsible for maintaining the confidentiality of your Login Credentials and are solely responsible for all activities that occur using your Login Credentials.  You agree not to allow a third party to use your Login Credentials at any time.  We reserve the right to terminate any username which we reasonably determine may have been used by an unauthorized third party.  The App is not directed towards anyone under the age of 18 and you should not use it if you are under the age of 18.

Company may collect and use technical data and information, including but not limited to technical information about your device, system and App software, and peripherals, location-based information, and information concerning your usage of the App that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. Company may use this information as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.  You may review or change your choices at any time by emailing to support@nextworld.net. You may opt-out of providing information to Company at anytime by uninstalling the App using the standard uninstall processes available on your mobile device or via the applicable mobile App marketplace or store.

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.

We retain information that you post or store through your account and/or on our App including without limitation, records, comments, notes, photos, and product listings. If you exchange any messages through our App, we may store those as well.  If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us, such as a resume. 

In general, information you submit to us is used either to respond to requests that you make, or to aid us in serving you better.  Company uses your information for research and marketing purposes; to facilitate the creation of and secure your account on our network; identify you as a user in our system; provide improved administration of our website and services; improve the quality of experience when you interact with our website and services; send you administrative e-mail notifications; respond to your inquiries related to employment opportunities or other requests; send promotional communications; send upgrades and special offers related to our services and for other marketing purposes of Company or our third party companies; make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback.  We may create anonymous data records from information by excluding information (such as your name) that makes the data personally identifiable to you.  We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our services and improve site navigation.  Company reserves the right to use and disclose anonymous data to third party companies for any purpose in its discretion.  If you provide feedback on any of our services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your information.  Company will collect any information contained in such communication and will treat the information in such communication in accordance with these Terms.

We may share your information with other devices to the extent configured in your settings.  We may disclose your information to our current or future affiliates.  We may share your information with third party service providers to provide you with the services that we offer you; to conduct quality assurance testing; to facilitate creation of accounts; to facilitate your use of the service; to process any transactions you make through our website or service, or to provide technical support. 

Company takes commercially reasonable steps to help protect your information against loss, misuse and unauthorized access, or disclosure. However, you agree that by using the App, you are choosing to transmit text and/or images via the App.  You further agree that Company has no control over, and does not examine, review, access, record, or store, any communication transmitted by you, including any information transmitted by any other user.  You agree to defend, indemnify, release, discharges and hold harmless Company, its officers, directors, employees, affiliates and suppliers from and against any and all claims and demands including but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity, arising out of or in connection with your use of the App and your device to transmit such text and/or audio. Company expressly disclaimS any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your Information.

By using the App, you are consenting to the use and processing of your information as set forth in these Terms, all of which activities will take place in the United States. If you reside outside the U.S., your information will be transferred to the U.S. and processed and stored there under U.S. privacy standards.

California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@nextworld.net or write us at: 7979 East Tufts Ave, Suite 900 Denver, CO 80237.

The App and all content contained within the App is and shall remain the sole property of Company, subject to protection under U.S. and foreign copyright laws. Subject to the terms and conditions of these Terms, Company grants you a personal, revocable, limited, non-transferable license to use the App on either (a) any iPhone, iPad or iPod Touch as permitted by the App Store Terms and Conditions, or (b) or any Android-enabled mobile device subject to the Android Market Terms of Service and Policies. This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the App.  All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App, whether in whole or in part, or any content displayed on the App; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App; (c) you shall not access the App in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall not use the App in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; safety-critical applications, or military or aerospace applications, weapons systems or environments.  Unless otherwise indicated, any future release, update, or other addition to functionality of the App shall be subject to these Terms.  All copyright and other proprietary notices on the App (or on any content displayed on the App) must be retained on all copies thereof.

You agree that Company is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App (each an “Update”).  However, in the event Company decides to offer an Update, you agree that Company may amend these Terms in connection with such Update without specific notice to you and that your installation and use of the Update is conditioned upon your acceptance of any revised Terms.  You are responsible for reviewing the version of the Terms available at the Site before installing an Update.  By installing an Update, you are representing that you have reviewed the then-current version of the Terms at the Site and agree to be bound by such version.  You may not install any Update unless you agree to the then-current version of the Terms.

The license is effective until terminated by you or Company. Upon termination of the license, you shall cease all use of the App, and destroy all copies, full or partial, of the App. You agree that Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms, in addition to any other available remedies.   Company may suspend or terminate your access to all or any part of the App at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by sending Company an email to support@nextworld.net specifying your request and providing Company with your name and email address. If you terminate your account, Company may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.

Company shall have no liability to you or any other person for loss, damage, or destruction to information submitted to the App and you are solely responsible for preventing any loss or damage to your information and for maintaining independent archival and backup copies of your information, including your Files.  COMPANY HAS NO OBLIGATION TO STORE OR BACKUP ANY OF YOUR INFORMATION (INCLUDING YOUR FILES OR DATA) AND COMPANY ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE, BACKUP, OR DELIVER ANY INFORMATION.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE APP AND ANY content or information PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Company HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, EXPRESS, IMPLIED OR STATUTORY.  

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall COMPANY’s total liability exceed the amount of $100.00. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.  If you believe that Company has not adhered to these Terms, please contact Company by e-mail at support@nextworld.net. We will do our best to address your concerns.  If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.  If you and Company are unable to reach a resolution to the dispute, you and Company will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and Company agree that any arbitration will be limited to the dispute between Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

As between you and Company, you are solely responsible for your use of the App and for the content of all communications made by or to you through your use of the App, and for all activity with respect to your use of the App, including any unauthorized use of the App by any third party. You agree to indemnify, defend, release, and hold harmless Company, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any acts, omissions or willful misconduct by you, (b) your use of the App, or (c) any breach of these Terms by you. 

Company and you acknowledge that these Terms are concluded between Company and you only, and not with Apple, Inc., or Google, Inc.  Company, not Apple or Google, is solely responsible for the App and the content thereof.  If you are using this App on an iPhone, iPad or iPod Touch, Company and you acknowledge that these Terms are concluded between Company and you only, and not with Apple, Inc.  Company, not Apple, is solely responsible for the App and the content thereof.  To the extent these Terms provide for usage rules for the App that are less restrictive than the Usage Rules set forth in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies. The license granted to you for the App is limited to a non-transferable license to use the App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Company and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.  In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will not have any other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility. Company and you acknowledge that Company, not Apple or Google, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  These Terms do not limit Company’s liability to you beyond what is permitted by applicable law. Company and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.  

Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.  You shall use the App and any service available via the App only in compliance with applicable local, state, federal, and international law and all applicable regulations, policies and procedures. You agree that you will not use the App to (a) engage in any communications that are unlawful, harassing, defamatory, offensive, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, (b) encourage or engage in any criminal conduct, conduct that could give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation, (c) gain or attempt to gain unauthorized access to other computer systems, or (d) interfere with any other person’s use and enjoyment of the App.

These Terms are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our App.  Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site.  These changes will be effective immediately for new users of our App or services.  Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address. In any event, changes to these Terms may affect our use of information that you provided us prior to our notification to you of the changes.  If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us.  Continued use of our App, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. 

If you have any questions regarding privacy while using the App, or have questions about Company’s practices, please contact Company via email at support@nextworld.net.