Terms and Conditions
This Website is owned and operated by Next Phase of Life (Company) and your access and use of this Website is governed by this Terms and Conditions agreement. This Website is intended for use in the United States by individuals 13 years of age or older. If you are under 18 years of age, you may use this Website only with the permission and involvement of a parent or guardian. If you are located outside of the United States, you may use the Website only at your own risk, and you are responsible for complying with all local laws, rules and regulations.
This is a legal agreement between you (referenced herein as “you” or “user”, or with “your”) and Company that applies each time that you access or use any website provided by Company. If you do not agree with the entirety of this Terms and Conditions agreement, you are not granted permission to access or use this Website and/or the services and materials, and you are hereby instructed to exit this Website immediately.
Website Content; Limited License to Access and Use
Subject to your continued compliance with this Terms and Conditions agreement, Company grants you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to access and make use of the Website and the Content only for your personal, non-commercial use, and only to the extent such use does not violate these Terms & Conditions. You may download, print or copy Content and other downloadable materials contained on the Website for your personal, non-commercial use provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Site shall be determined by Company in its sole and absolute discretion; (ii) Company has the right to control and direct the means, manner, and method by which the Site is provided; (iii) Company may, from time to time, engage independent contractors, consultants, or subcontractors to aid Company in providing the Site or use thereof; and (iv) Company has the right to provide the Site to others. In addition, you hereby acknowledge and agree that this Terms and Conditions agreement provides you with only a limited license to access and use the Site. Accordingly, you hereby acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to the Website, or its content, to you or anyone else under this Terms and Conditions agreement. Company hereby reserves any and all intellectual property rights not otherwise expressly granted in this Terms and Conditions agreement.
Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Website. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Website, (ii) attempt to gain unauthorized access to (a) any portion or feature of the Website, (b) any other systems or networks connected to the Website, (c) any Company server, or (d) to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks or any systems or networks connected to the Website, (vi) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Company on or through the Website, (viii) use the Website to harvest or collect e-mail addresses or other contact information; or (ix) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY COMPANY TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
No right, title or interest in any Content is transferred to you as a result of your access or any downloading, printing or copying by you.
Company reserves the right to, at any time: (i) modify, suspend or discontinue the Website or any portion of the Website; (ii) charge fees in connection with your use of the Website and/or modify or waive any such fees; and/or (iii) offer opportunities to some or all users of the Website. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Company is pleased to hear from users of our Website and we welcome reviews, comments and other communications regarding the Website and our products (“User Content”), provided that the User Content complies with these Terms & Conditions. You hereby grant to Company a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to use, display, distribute, transmit, copy, modify, delete, publish, translate, create derivative works from and sell the User Content that you provide. Company can incorporate the User Content that you provide into any form, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. You should not provide Company with any User Content that includes confidential information or any original creative materials (such as product ideas or original artwork), if you do not wish to grant the foregoing license to such information or materials to Company. Company may, but is not required to, include your name along with the User Content submitted by you.
Other Website users may post User Content that is inaccurate, misleading or deceptive. Company neither endorses nor is responsible for any information, opinions or statements made by third parties on the Website. Company will not be liable for any loss or damage caused by your reliance on such information, opinions or statements.
Unlawful Or Prohibited Uses
- impersonate any person or entity or falsely state or otherwise misrepresent your identity or your affiliation with any person or entity in connection with the Website;
- make any commercial use of the Website or the Content, including making any non-personal or commercial use of any photos, product listings, descriptions, prices or images;
- make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Website content, or otherwise scrape, collect, store or use the Content, except pursuant to the limited license granted by these Terms & Conditions;
- tamper with the Website or use or attempt to use any device, software, routine or tool that interferes or attempts to interfere with the functionality of the Website;
- use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- restrict or inhibit any other person from using the Website (including, without limitation, by hacking or defacing any portion of the Website);
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website; or
Company reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Website and to block or prevent your future access to and use of the Website for any reason or no reason at all. Upon any such termination, your account and/or your right to access and use the Website will immediately cease.
The products and/or services displayed on the Website are available in the United States. The prices displayed on the Website are in U.S. Dollars. All photos, descriptions, images, features, content, specifications and prices of products and/or services described on the Website are subject to change at any time without notice. If you wish to purchase any product and/or service available through the Website, you must supply certain information relevant to the sales transaction, including but not limited to your name, credit card number, expiration date and security code for your credit card, your billing address and your shipping address. You hereby represent and warrant that you have the legal right to use the credit card that you provide in connection with the sales transaction. By submitting the foregoing information, you grant to Company the right to provide that information to third parties for purposes of facilitating the completion of the sales transaction.
Occasionally there may be information about products, pricing or promotions on the Website that contains typographical errors, inaccuracies or omissions. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted an order.)
We attempt to display as accurately as possible the colors of the products that appear on the Website; however, Company cannot guarantee that the display of any color will be accurate.
Some images displayed on the Website may be “stock” images for the purposes of showing the availability of color and/or types of products available and may not necessarily represent the specific design, creation, installation or handiwork of company.
Company does not represent or warrant that the Website and/or your access thereto will be uninterrupted or error-free, or that the Website will meet your expectations or requirements.
THE WEBSITE AND ALL COMPANY -PROVIDED CONTENT, MATERIALS, PRODUCT INFORMATION AND PHOTOS, AND ANY USER CONTENT MADE AVAILABLE TO YOU THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BY WAY OF EXPLANATION AND NOT LIMITATION, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THE WEBSITE, OR THAT COMMUNICATIONS SENT THROUGH THE WEBSITE WILL BE TRANSMITTED OR COMPLETE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE WEBSITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.
NONE OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR ANY OF THE WEBSITE CONTENTS. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES AND LOSSES OF EVERY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR TORT, AND EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to defend, indemnify and hold harmless Company and its officers, directors, employees and agents from and against any and all liabilities, losses, claims, suits, damages, costs and expenses (including reasonable attorneys’ fees), arising from or related to your use of the Website, including but not limited to any User Content that you submit and/or your breach of any representation, warranty, or other provision of these Terms & Conditions
Governing Law and Venue
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF [COLORADO], WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTIONS OR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE STATE AND/OR FEDERAL COURTS LOCATED IN [EL PASO COUNTY, COLORADO], AND YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS.
You may cease accessing the Website at any time. Company may terminate your access to the Website at any time without notice, for any reason or no reason at all. You agree that Company shall not be liable to you or any third party for its termination of your access to the Website. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnification obligations shall survive such termination.
Notice and Procedure for Making Claims of Copyright Infringement
Company respects the intellectual property of others, and our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent with the written information specified below, by regular mail, fax email only.
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website;
(iv) your address, telephone number and email address;
(v) a written 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
(vi) 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.
When Company receives a valid DMCA infringement notice with the information listed above, we will respond by either: (i) taking down the allegedly infringing content or (ii) blocking access to it. Company will also take reasonable steps to notify the user who posted the allegedly infringing content, who may then respond to your claim through the counter-notification procedure.
Anyone submitting a false or fraudulent notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
Mobile Application Users
The Company app may not work with all devices or all wireless carriers. Company makes no representations or warranties that the Company app will be compatible with all wireless carriers.
If you have any questions regarding these Terms & Conditions, please contact us by email at email@example.com.
Next Phase of Life