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TERMS OF USE

These Terms of Use were last updated on February 26th, 2017.


In these Terms of Use, “Site” or “Sites” refers to NEXTGENCrowdfunding.com and/or NEXTGENStartUps.com, and includes any additional websites we may subsequently implement.

The Terms “NEXTGEN,” “we,” “us,” or “our: refers to NEXTGEN Crowdfunding LLC and includes its affiliates, subsidiaries and sub-licensees. 

These Terms of Use constitute an agreement between NEXTGEN, and anyone accessing our Sites (“Agreement” or “this Agreement”). Anyone who accesses our Sites is considered a User, whether they register or not. Please read this whole Agreement before accessing any of our Sites. Each time you access any of the Sites you are agreeing to the following terms:

1. Types of Content.  As used in this Agreement, "Content" means, collectively, the text, data, graphics, images, scripts, photos, video files, audio files, and all meta data made available through the Sites, regardless of who created or uploaded the Content.  Unless modified, the term Content refers to all Content, including but not limited to the following categories of Content:

  • User Content” means, collectively, the Content which you and other users of our Sites (“Users”) upload to the Sites, and which is intended to be visible to others.  NEXTGEN is under no obligation to allow User Content.  User Content includes users’ comments. We reserve the right to remove and permanently delete any third-party Content from the Sites without notice. Unless otherwise specified, NEXTGEN does not pre-screen, edit, or fact-check User Content.
  • “Company Content” means content created by companies (issuers, platforms and other intermediaries) and which is displayed on our Sites, or information about companies that is in the public domain and displayed on our Sites. Unless otherwise specified, NEXTGEN does not pre-screen, edit or fact-check Company Content. Substantially all of the information about crowdfunding companies is “Company Content” as it is created by the issuers or their crowdfunding platforms.
  • NEXTGEN Content” means the Content we create and upload to the Sites.
  • Third-party Content” means Content created by a third party that we, or a third party with our consent, upload to the Sites. We reserve the right to remove and permanently delete any third-party Content from the Sites without notice. Unless otherwise specified, NEXTGEN does not pre-screen, edit or fact-check third-party Content.
  •  “User Registration Information” means the information which you submit when you register including your email address, screen name or other information. This information is also covered by our Privacy Policy, found here, and by the terms of Section 8, below.

2. User Content. We may periodically invite Users to submit User Content either in the form of comments posted to other Content; responses to surveys, questionnaires or contests; or Content such as text, comments, videos, images, audio files, etc. created by Users, and submitted to NEXTGEN.

Unless otherwise specified, NEXTGEN does not pre-screen, edit, or fact-check User Content. 

You understand that any User Content you find on or through our Site is the sole responsibility of the User who originated such Content.  By displaying User Content, NEXTGEN does not assume any liability for that Content.  NEXTGEN reserves the right to display, refuse to display, or modify User Content submitted to us.  Users agree that they will not market competing services to Users identified through the Site.

While you still own your User Content, by submitting User Content to NEXTGEN you grant NEXTGEN a royalty-free, worldwide, perpetual, sub-licensable, transferable license to use, display, distribute, publicly perform, modify and reproduce your User Content in any manner and by any means, whether now known or hereafter devised, whether electronic or otherwise.

NEXTGEN reserves the right to remove or move any User Content at any time, without notice to the User who created such User Content and for any reason. We are not obligated to accept, display, maintain or monitor any User Content whether it complies with our guidelines below, or not.  Our failure to maintain or monitor any User Content does not give you any right to make a claim against us.

By submitting User Content to NEXTGEN you represent and warrant that you own the copyrights, trademarks or other forms of intellectual property in connection with that Content, and that it is original and has not previously been published elsewhere. You further represent and warrant that any text, photographs, videos, audio recordings or quotes in the Content you submit have not been altered in any way other than for clarity or brevity, unless you clearly notify NEXTGEN of such changes at the time you submit Content to NEXTGEN. You also represent and warrant that no User Content that you submit violates the rights of any third party. If you do not have the right to submit such Content for our use, it may subject you to liability. 

Users agree that they will not submit User Content that violates our rules set forth in more detail in Section 12, below.

While not User Content, Users can also submit ideas and questions to us that are not visible to others. Any and all ideas, suggestions and the like provided by you with respect to the Sites will be the property of NEXTGEN. You hereby assign to NEXTGEN all right, title and interest worldwide in such ideas or suggestions and any related intellectual property rights, and you agree to assist NEXTGEN, at NEXTGEN’S expense, in perfecting and enforcing any such rights.

3. Company Content.  Company profiles and information about companies featured on our Sites that may be submitted to us by such companies, or their designated platforms and intermediaries, are considered Company Content.

Company Content may include information about companies engaged in crowdfunding activities (Issuers) and/or the Issuer’s crowdfunding campaigns. This information may be publicly available or is found on the Company’s website or its crowdfunding portal or other intermediary, and is simultaneously or subsequently displayed on our Site.

Company Content may also include information about crowdfunding portals and other crowdfunding intermediaries.

You understand that any Company Content you find on or through our Site is the sole responsibility of the company who originated such Content.  By displaying Company Content, NEXTGEN does not assume any liability for that Content.  NEXTGEN does not pre-screen, edit, or fact-check Company Content, although NEXTGEN may modify the formatting of Company Content to fit predetermined templates.

Company Content that is dated is current only as of that date. Please check directly with the Company or its funding platform for up-to-date information.

4. NEXTGEN Content and Third-party Content. Except for User or Company Content, NEXTGEN, its advertisers, sponsors and licensors own all right, title and interest, including all worldwide intellectual property rights in: the Sites, the organization, compilation, look and feel of the Sites, advertisements appearing on or linked to from the Sites, trademarks, service marks and logos contained on the Sites and all other code, scripts, data and meta data appearing on, or incidental to the storage and display of the Content. The Sites and all Content, including the layout and display features of User Content and Company Content, and the layout and design of any public information that we display are collectively referred to as "the IP."

You may access and use the IP solely for your own personal, non-commercial use.  You may not transfer, assign, sublicense or re-license this right of access and use to anyone without our prior written consent.  This right of access and use does not convey any ownership rights whatsoever; it is merely a limited personal license exclusive to you and to you only.

NEXTGEN Content and third-party Content that is dated is current only as of that date. Please check directly with the Company or its funding platform for up-to-date information.

All of the IP, except User Content, Company Content and where otherwise noted, are under copyright to NEXTGEN or its third-party Content providers.  You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary right notice incorporated in or accompanying the IP, without our prior written consent.

You may not sell, publish, distribute, retransmit, rearrange, modify, prepare derivative works based on, perform, display, broadcast, sell, license, provide others with access to the Sites, or otherwise exploit the IP without our prior written consent.

No Content on our site may be framed, copied, reproduced, republished, uploaded, posted, transmitted, distributed, scraped, spidered and/or exploited in any way, including by email or other electronic means for commercial use without proper license agreements with NEXTGEN. Such use of the Content is considered theft and may be subject to prosecution. 

You agree not to create abstracts from, scrape or display headlines from our Content for use on another website or service. You are invited to post short excerpts from our Content provided that you link to the location of the Content you have excerpted. Except in that limited situation, you agree not to post any Content from the Sites to websites, weblogs, newsgroups, mail lists or electronic bulletin boards, without our prior written consent.
All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without our prior written consent.
 

5. Third-party Links, and Links to NEXTGEN’s Sites from third parties. We may provide links to other websites or resources over which NEXTGEN does not have control ("External Websites"). Such links do not constitute an endorsement by NEXTGEN of those External Websites. You acknowledge that NEXTGEN is providing these links to you only as a convenience, and further agree that NEXTGEN is not responsible for the content of such External Websites or any business dealings you may have with such External Websites. Your use of External Websites is subject to the terms of service and privacy policies located on the linked External Websites.

Certain other websites may link to our Sites. You may provide links to our Sites from your website as long as you do not link to our Sites by any means that give visitors to your own website the impression that you are linking to pages that are within your own website, or that NEXTGEN endorses your website, sponsors your website, or is in any way affiliated with your website. You may not attribute a link on your website to our Sites and then link somewhere else. Do not frame any Content or other materials from our Sites or otherwise present the Content or other materials as your own.

6. Third-party IP rights. NEXTGEN respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the Sites in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

an electronic or physical signature of 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 Sites;

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 authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Sites is Nina Yablok who can be reached as follows:

Attention: Nina Yablok
By mail: PO Box 703, Nemo, TX 76070-0703

By email:  nina@yablok.com

7. Notification Procedures.  NEXTGEN may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy-notice, or through posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users. Note that you may opt out of certain means of notification as described in our Privacy Policy.   We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provided to us.

8. Your Account Information. Registration data and other information about you are subject to our Privacy Policy. You are solely responsible for maintaining the confidentiality of your password.  In addition to being a violation of our Terms of Use if you provide someone else with access to your password to the Sites, they will have the ability to view information about your account and make changes to your account through the Site.  You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required under this Agreement. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice. If you distribute your user information to any third person, or make it available on any website, your account may be immediately terminated.

If you believe someone has accessed the Site using your user name and password without your authorization, please notify us through the Support link on the Sites. You are responsible for any fees or charges incurred to access a Service through an Internet service provider or other third-party service.

9. INDEMNIFICATION, DISCLAIMER OF WARRANTY, LIMITATION OF REMEDIES.

By accessing NEXTGEN’s Sites and/or submitting User or Company Content to any of NextGen’s sites you agree that you will:

Indemnify, and hold harmless NEXTGEN, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your  use of the Sites, including, but not limited to, your User Content, any use of Company Content or the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

In other words – YOU WILL BE HELD FULLY LIABLE FOR WHATEVER YOU UPLOAD OR POST TO OUR SITES. AND IF WE GET SUED BECAUSE OF SOMETHING YOU UPLOADED OR POSTED, YOU WILL HAVE TO PAY FOR US TO DEFEND THAT LAWSUIT.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NEXTGEN NOR ANY PERSON ASSOCIATED WITH NEXTGEN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER NEXTGEN NOR ANYONE ASSOCIATED WITH NEXTGEN REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, NEXTGEN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NEXTGEN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON ANY OF THE SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF NEXTGEN WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

NEITHER NEXTGEN NOR ANY OF ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, PARTNERS, AGENTS, and REPRESENTATIVES, THIRD- PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR MORE THAN AN AGGREGATE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Disclaimers Concerning Company Information and Securities Offerings, Purchases and Sales.

NEXTGEN is not registered as a broker-dealer, investment advisor or funding portal and does not provide any services requiring such registration. 

NEXTGEN.COM is a website that aggregates securities crowdfunding issuer, investment platform and crowdfunding campaign information; and which provides educational content regarding the crowdfunding industry and early-stage companies to Users.

Users agree that they will not use the Site to market services, particularly investment advisory or broker-dealer services, that might cause NEXTGEN to be required to register as an investment advisor, broker dealer or funding portal with the SEC, Financial Industry Regulatory Authority (FINRA) or any state or foreign jurisdiction or to be treated as an underwriter by any or all of them.

NEXTGEN does not offer investment advice or analysis. Nor does it endorse or recommend investment in or the purchase or sale of securities issued by any company nor does it opine on the suitability of any investment for any particular investor. The posting of information regarding any company on a NEXTGEN Site should not be construed as an endorsement or recommendation of that company for any purpose whatsoever, either for purposes of investment or otherwise, and no information on our Sites should be construed as general or specific investment, legal, tax or accounting advice of any kind.  Any person accessing our Sites is strongly encouraged to consult with their own financial advisor, tax advisor and/or attorney before making any decision to invest.

All information on NEXTGEN’s Sites regarding any company is the sole responsibility of the company providing the information, and NEXTGEN makes no representation or warranty as to the adequacy, accuracy or completeness of such information. In no event is NEXTGEN responsible for any information contained in any links outside its Sites.

The information contained on NEXTGEN’s Sites may relate to the products and services of a person or entity that is located in a jurisdiction other than that in which you are located. Accordingly, the rules for the protection of customers or investors that apply in the jurisdiction in which you are located may not apply in relation to such products and services.

Investment Risk Considerations 

All investments entail risk. The companies on this Site are generally small or early stage companies and are, therefore, subject to risks inherent in investing in any small or early stage company as well as other risks specific to their business and operations. In addition, securities of the companies on this Site may be highly illiquid, requiring that they be held for an indefinite period of time. Therefore, no one accessing NEXTGEN’s Sites should invest in any of the companies on this Site unless they have no need for liquidity and can sustain a total loss of their investment. 

Past performance should not be taken as an indication or guarantee of future performance, and no representation or warranty, express or implied, is made regarding future performance. The price of, value of and income from securities or financial instruments can fall as well as rise. Certain investments are subject to high volatility, and may experience sudden and large falls in their value. Losses may equal or exceed your original investment. Foreign currency-denominated securities and financial instruments are subject to fluctuations in exchange rates that may have a positive or adverse effect on the value, price or income of such securities or financial instruments. Some investments may not be readily realizable and it may be difficult to sell or realize those investments. Similarly it may prove difficult for you to obtain reliable information about the value of or risks to which such an investment is exposed. There are also special risk considerations associated with international and global investing (especially emerging markets), small-company investing, single-industry funds or investment strategies, single-country or regional funds or investment strategies, or other special, aggressive or concentrated investment strategies, such as the use of leverage or derivatives. Investors in securities effectively assume these risks.

11. Specific Rules Concerning Comments about Companies. NEXTGEN’s Sites may present information obtained from issuers and platforms concerning funding of companies. Because of the complexity of securities regulation, we currently do not allow any User comments about specific companies.  Comments naming or providing information that clearly indicates a specific company may be deleted.

12. NEXTGEN Rules for Using its Site(s). NEXTGEN’s Sites may be accessed and used only for lawful purposes.  You agree to abide by all local, state, Federal and foreign laws, treaties and regulations that cover your use of NEXTGEN’s Sites. Additionally, you agree to abide by the following rules:

You must not do anything to violate or attempt to violate any security and access control provisions implemented in or in connection with the Sites or the Content; or do anything to interfere or attempt to interfere with the operation of NEXTGEN’s Sites, the display of the Content, or the use of the Sites by other Users.

By way of example only, we require that you do not:

  • take any action to violate or attempt to violate any security and access control provisions implemented in or in connection with the Sites or the Content;
  • log in with a password not assigned to you; access Content not intended for you;
  • test the security measures on NEXTGEN’s Sites and/or attempt to identify system vulnerabilities;
  • forge any of the header information in any posting or tamper with the TCP/IP packet header;
  • use NEXTGEN’s Sites to send altered, deceptive or false source-identifying information;
  • Modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Sites ; or
  • Attempt to probe, scan or test the vulnerability of any NEXTGEN system or network or breach or impair or circumvent any security or authentication measures protecting the Sites.

You are also prohibited from:

  • Impersonating or misrepresenting your affiliation with any person or entity;
  • Committing fraud;
  • Using the Sites in any manner not permitted by this Agreement or encouraging or instructing any other individual to do so;
  • Allowing a third party to access the Content under your account;
  • Entering false or misleading information on any forms requesting information from you;
  • providing false or misleading information in any Content you upload or provide to use or creating user accounts by automated means or under false pretenses or misleading others as to the origins of your communications;
  • tricking, defrauding, deceiving or misleading NEXTGEN’s Sites or other users, especially in any attempt to learn sensitive information;
  • making improper use of NEXTGEN’s Sites’ support services or submitting false reports of abuse or misconduct;
  • creating or transmitting unwanted electronic communications such as "spam," to other users or members of NEXTGEN or otherwise interfering with other users' or members' enjoyment of NEXTGEN’s Sites;
  • disparaging, tarnishing, or otherwise harming, in NEXTGEN’s opinion, NEXTGEN, NEXTGEN’s Sites and/or any of its users;
  • disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program, or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices;
  • copying or adapting NEXTGEN’s Sites’ software including but not limited to Flash, PHP, HTML, JavaScript or other code;
  • reverse engineering, decompiling, reverse assembling, modifying or attempting to discover any software (source code or object code) that a NEXTGEN Site creates to generate web pages or any software or other products or processes accessible through the Site;
  • except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses NEXTGEN’s Sites or uses or launches any unauthorized script or other software;
  • accessing or searching or attempting to access or search NEXTGEN’s Sites by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by NEXTGEN (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us;
  • covering or obscuring any notice, banner, advertisement or other branding on NEXTGEN’s Sites;
  •  selling access to NEXTGEN’s Sites.  or any part thereof other than through a mechanism approved by NEXTGEN; or
  • interfering with or disrupting (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing NEXTGEN’s Sites, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on NEXTGEN’s Sites.

You are also prohibited from:

  • including any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
  • including hateful, profane, obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
  • defaming, libeling, ridiculing, mocking, disparaging, threatening, harassing, intimidating or abusing anyone;
  • promoting violence, illegal drug use, or substance abuse or describing how to perform a violent act, use illegal drugs or abuse other substances;
  • violating the contractual, personal, intellectual property or other rights of any person, or promoting illegal activity;
  • violating this Agreement, any local, state, federal or non-US law, rule or regulation or the rules of conduct posted with respect to any individual feature of NEXTGEN’s Sites; or
  • revealing any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.

In addition to the foregoing, when providing comments on our Site Users are required to abide by the following additional guidelines:

This list of prohibitions and requirements above is illustrative and not intended to be complete or exclusive. NEXTGEN reserves the right to prohibit your access to the Sites for any action that NEXTGEN, in its sole judgment, determines to be inappropriate or disruptive to the Sites, or to any other User.

Remember, you are solely responsible for all activities on the Sites initiated through your user name and password.

Also, we may refuse to grant you a screen name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. 

If we become aware of any breach of this Agreement or the foregoing rules we will investigate and may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders.  You agree to notify NEXTGEN immediately of any unauthorized use of your account or any other breach of security of which you become aware.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS NEXTGEN AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NEXTGEN AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NEXTGEN OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

NEXTGEN reserves the right to moderate or review User or Company Content; however, the foregoing prohibitions do not impose on NEXTGEN, and NEXTGEN does not assume any obligation to monitor or remove any Content. By using the Sites you hereby acknowledge and agree that you may be exposed to content that is offensive, indecent or objectionable to you. Your access to the Sites is undertaken at your own risk and NEXTGEN is not responsible for any offensive or otherwise objectionable materials in the Content.

13. Modification or Termination. NEXTGEN reserves the right to modify the Sites, and the Content at any time, without notice to you. NEXTGEN reserves the right to terminate, in whole or in part, the Sites, and the Content, without notice to you. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER OR COMPANY CONTENT) THAT YOU HAVE SUBMITTED ON THE SITES OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to us under provisions set forth in these Terms of Use relating to ownership, warranty disclaimers, indemnification, and limitations of liability, which by their sense and context are intended to survive such suspension, termination or cancellation.

14. General. NEXTGEN controls and operates these Sites from its headquarters in the State of California in the United States. It makes no representation that the Content is appropriate or will be available for use in locations other than the United States. If you use these Sites from outside California or the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content.

15. Applicable Law; Disputes. This Agreement will be governed by California law, without regard to the choice of law or conflict of laws provisions of California or any other jurisdiction. You may bring any disputes, actions, claims, or causes of action related to this Agreement or in connection with these Sites only in the federal and state courts located in Los Angeles County, California.  However, at NEXTGEN’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of NEXTGEN to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NEXTGEN in writing.

16. No Third-party Beneficiaries. Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. We have the right to assign our rights or delegate any of our responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation or reorganization of NEXTGEN or the sale of substantially all of our assets.

17. Entire Agreement and Interpretation. These Terms of Use comprise the entire agreement between you and NEXTGEN and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone.  In the event that any provision of these Terms of Use, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of these Terms of Use will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto.

Copyright © 2017 NextGen Crowdfunding LLC. All Rights Reserved.