 Terms of Use Next Level ManagementTM Usage Agreement and Notices Agreement Between User and Next Level Management, Inc. This web site (“web site”) is offered to the user conditioned on acceptance by the user ("User") without modification of the terms, conditions, and notices contained herein. By accessing and using this web site, the User is deemed to have agreed to all such terms, conditions, and notices (the "Agreement"). Copyright and Trademark Notices. All contents of this web site are: Copyright © 2004 Next Level Management, Inc., 20 brooks Avenue, Suite #301, Venice, CA 90291 U.S.A. All rights reserved. Products and company names mentioned herein are the trademarks of their respective owners. All trademarks, service marks, and trade names (collectively the “Marks”), including but not limited to Next Level Management™ are proprietary to Next Level Management and other respective owners that have granted Next Level Management the right and license to use such Marks. To the extent that such Marks are owned by Next Level Management, the Marks may not be used in connection with any product or service that is not our product or service, in any manner that is likely to cause confusion among our customers or in any other manner in violation of the trademark and service mark laws, without the express written consent of Next Level Management. You also may not use any Marks owned by a party other than Next Level Management without the express written consent of such other owner or Next Level Management if Next Level Management has been given the authority to grant you permission for such use. Privacy Statement. As a User of Next Level Management, Inc. web site, you are in complete control of your planning needs. This includes controlling the use of information you provide to Next Level Management and its affiliates. When you purchase any merchandise from the web site, we provide only the relevant information required by other involved third parties to ensure the successful fulfillment of your order. We also use information you provide during any User registration or enrollment process to customize the content of our site to meet your specific needs and to make product improvements. We do not sell individual customer names or other private profile information to third parties and have no intention of doing so in the future. We do share User information with our partners only for specific and pertinent promotional use but only if our customers have opted to receive such information. As a User of our web site you have the option to receive updates regarding Next Level Management services, products, and noteworthy news. To receive this information you must check the appropriate box in your account profile. If you decide you would rather not receive these emails, you can always unregister or update your Account and Profile information. We respect and will continue to respect the privacy of our customers who use the Next Level Management web site. For more information about protecting your privacy, please see our Privacy and Security Statement. Personal and Non-Commercial Use Limitations. This web site is for the User's personal, non-commercial use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this web site. Liability Disclaimer. The information, products, and services published on this web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Next Level Management and/or its respective affiliates may make improvements and/or changes in this web site at any time. Next Level Management, and/or its affiliates make no representations about the suitability of the information, products, and services contained on this web site for any purpose. All such information, products, and services are provided "as is" without warranty of any kind. Next Level Management, and/or its respective affiliates hereby disclaim all warranties and conditions with regard to this information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall Next Level Management and/or its respective affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this web site, or for any information, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if Next Level Management and/or any of its affiliates has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. No Unlawful or Prohibited Use. As a condition of use of this web site, User warrants to Next Level Management that User will not use the web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Links to Third Parties' web Sites. This web site may contain hyperlinks to web sites operated by third parties other than Next Level Management. Such hyperlinks are provided for User's references only. Next Level Management does not control such web sites and is not responsible for their contents. Next Level Management’ inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. Use of Email or Other Communications Forums. To the extent that this web site contains email or other communication facilities ("forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a forum, the User shall not do any of the following: User agrees (as available) to send and receive electronic mail and otherwise use this web site only as permitted by these terms and conditions, any additional policies or procedures published in this web site from time to time by Next Level Management, and applicable law. The User acknowledges that emails and any other such communications forums hosted by this web site are public and not private communications. Next Level Management reserves the right to deny in its sole discretion any user access to this web site or any portion thereof without notice. Next Level Management reserves the right to edit any notices for clarity and length. Service Contact. For questions or problems with this web site, contact Next Level Management at our Corporate Communications Center by sending an email to webadmin@next-levelmanagement.com or via postal mail to 205A South Strand Street, Suite 100, Alexandria, Virginia 22314. Modification of these Terms and Conditions. Next Level Management reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this web site following any such changes shall constitute the User's acceptance of such changes. General. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This agreement shall be deemed to have been made in the State of California, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of California, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Los Angeles, California, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the California courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis. User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Next Level Management as a result of this Agreement or use of this web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Next Level Management and Next Level Management shall not be liable for any representation, act or omission of the User. Next Level Management' performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Next Level Management' right to comply with law enforcement requests or requirements relating to the User's use of this web site or information provided to or gathered by Next Level Management with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between the User and Next Level Management with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Next Level Management with respect to this site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. Indemnity. As a condition of use of this web site, the User agrees to indemnify Next Level Management and its affiliates from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from User's use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions. Other Acknowledgements. Although every effort has been made to ensure the correctness of this information, Next Level Management and its authors do not assume and hereby disclaim any liability to any part for any loss or damage caused by errors, omissions, misleading information or any potential product problems caused by information provided, even if such errors or omissions are a result of negligence, accident or any other cause. Links to Third Party Sites. The links in this area will let you leave Next Level Management' site. The linked sites are not under the control of Next Level Management and Next Level Management is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Next Level Management is not responsible for webcasting or any other form of transmission received from any linked site. Next Level Management is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Next Level Management of the site. Feedback and Information. Any feedback you provide at this site shall be deemed to be non-confidential. Next Level Management is free to use such information on an unrestricted basis. Any rights not expressly granted herein are reserved. Website Designed by MGE Web Solutions.www.mgeworld.com |