Website Terms of Use
By using this Site (and its related sites, services and tools, including without limitation) you agree to be bound by the terms of this Terms of Use Agreement (“TOU”) and the Privacy Policy at: https://www.nextadvocate.com/privacy-policy/. Your further use of the Site will be considered as acceptance of the terms of this TOU and the Privacy Policy. NextAdvocate reserves the right to update and change, from time to time, this TOU and all documents incorporated by reference. Use of the Site after such changes constitutes acceptance of such changes. The Information provided on our site are for research and informational purposes only. They are not to be construed as advice by our website, owners, staff or the like. Our site visitors should know that many factors impact the applicability of the information presented here and you shouldn’t rely on this as advice.
Our rankings, scoring and opinions are presented at the sole discretion of our site editor. Although an effort is made to ensure that all information presented is accurate and up to date, we cannot and do not provide a warranty to the accuracy of data and information on this site.
2) License to User Content. a) You grant NextAdvocate a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting NextAdvocate, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of NextAdvocate, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that NextAdvocate may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
3) NextAdvocate Intellectual Property. a) Our Site and all of its original contents (collectively, the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by NextAdvocate or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work or compilation or both. b) No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by NextAdvocate. c) You may browse through the Site and download the Services. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in this TOU, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this TOU, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our Intellectual Property or the Site itself.
4) Use of the Site. You may not use this Site for any purpose that is unlawful or prohibited by this TOU, or cause damage on or through this Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Site, except those automated means that NextAdvocate has expressly approved in writing in advance. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.
5) Third Party Sites and Services. This Site may contain links to other sites owned by third parties. Your use of each of those sites is at your own risk and is subject to the terms of those sites. NextAdvocate has no control over sites that are not ours, and NextAdvocate is not responsible for any changes to or content on them. NextAdvocate assumes no responsibility for the content of or services offered by linked third-party sites, and makes no representations regarding the accuracy of materials on third-party Web sites. Statements made on third-party Web sites linked to or from this Site reflect only the views of their authors and not of NextAdvocate. NextAdvocate’s inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
6) Disclaimer of warranties. a) NextAdvocate does not guarantee the accuracy of information found on the site or through the services. Use of the site, the services and any data accessed while using the site or the services is at your sole risk. The site, the services and all contents of each are provided on an “as is” and “as available” basis. b) NextAdvocate does not warrant that the site or services will meet any requirements or needs you may have, or that the site or services will operate error free, or in an uninterrupted fashion, or that any defects or errors in the site or services will be corrected, or that the site or services are compatible with any particular platform. NextAdvocate is not obligated to provide any updates to the site or services. c) NextAdvocate does not warrant or make any representations regarding the materials on this site or services in terms of their timeliness, correctness, accuracy, reliability, or otherwise. While NextAdvocate makes reasonable efforts to provide accurate and timely information on the site, you should not assume that the information provided is always up to date or that the site contains all the relevant information available about NextAdvocate. NextAdvocate undertakes no obligation to verify or maintain the currency of such information. d) NextAdvocate does not represent that the site, the services or any data accessed while using the site or the services is appropriate or available for use outside the united states. e) NextAdvocate expressly disclaims all warranties of any kind, whether express or implied, relating to the site, the services and any data accessed while using the site or the services, or the accuracy, timeliness, completeness, or adequacy of the site, the services and any data accessed while using the site or the services, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
7) Limitation of Liability. a) NextAdvocate is not liable to you for claims or liabilities of any kind, including without limitation, for any direct, indirect, incidental, consequential or any other damages arising out of or related to the use of the site or services by you or by third parties or arising out of or related to any third-party software, any data accessed while using the site or services, your use or inability to use or access the site or services, whether such damage claims are brought under any theory of law or equity even if you have advised NextAdvocate in advance of the possibility of such damage, including, without limitation, damages for loss of business profits, injury to person or property, business interruption, loss of business or personal information. b) If, notwithstanding the limitations of liability set forth above, NextAdvocate is found liable under any theory, NextAdvocate’s liability under this agreement or otherwise with respect to the site and the services and your exclusive remedy will be limited to money damages not to exceed $100. c) Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages as set forth in sections 6 and 7. accordingly, some of the limitations set forth in sections 6 and 7 may not apply to you. In such case, the terms of section 10(e) (severability) below will apply.
8) Indemnification. you will defend, indemnify and hold NextAdvocate harmless from any claim or demand, including attorneys’ fees and costs, made by any third party in connection with or arising out of your use of the site, your violation of any terms of this TOU, your violation of applicable laws, or your violation of any rights of another person or entity.
9) Arbitration a) You understand and agree that all claims, disputes or controversies between you and NextAdvocate, its parents, affiliates, subsidiaries or related companies, including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability, shall be resolved by final and binding arbitration at a location determined by the arbitrator. Any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by the court. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“faa”). Neither you nor NextAdvocate shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.
10) Miscellaneous. a) Complete Agreement. This TOU and the Privacy Policy constitute the entire understanding between and you respecting use of the Site and the Services, superseding all prior agreements between you and NextAdvocate. If there is any conflict between the terms this TOU and those in the Privacy Policy, the terms of this TOU will control, except to the extent that the Privacy Policy imposes additional restrictions and liabilities on your actions. b) Governing Law; Jurisdiction; Attorneys’ Fees. This Site (excluding linked sites) is controlled by us from our office in Beverly Hills, Michigan, United States of America. It can be accessed from all 50 states of the United States and from all around the world. As each of these jurisdictions has laws and regulations that may differ from those of Michigan, by accessing this Site you and NextAdvocate agree that the laws of Michigan (except for conflicts of laws principles) will apply to all matters relating to use of this Site. Exclusive jurisdiction must lie with the courts of Michigan for all disputes, actions or proceedings arising out of or relating to your use of the Site. In any dispute that arises out of the relationship of NextAdvocate and you, including tort claims, the prevailing party will be entitled to attorneys’ fees and costs. c) Time to Bring a Claim. Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to the Site, or the use of the Site, must be brought within one year after such claim or cause of action arose. d) English Language Controls. This English-language TOU is NextAdvocate’s official agreement with users of this Site. In case of any inconsistency between this English-language TOU and its translation into another language, this English-language document controls. e) Severability. If a provision of this TOU is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this TOU must not be affected or impaired. f) Waiver. No failure or delay on the part of NextAdvocate in exercising any right, power or remedy under this TOU may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under this TOU. 11) ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. If you have questions about this TOU or want to contact us, please send an email to info@NextAdvocate.com.