SUBSCRIBER AGREEMENT
IMPORTANT- READ THESE TERMS CAREFULLY BEFORE APPROVING YOUR SUBSCRIPTION.
YOU MUST AGREE TO THIS PAGE TO USE THIS WEBSITE, REGISTER AND/OR SUBSCRIBE.
BY APPROVING YOUR SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SUBSCRIBER AGREEMENT, THAT YOU UNDERSTAND IT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
1. License.
(a) Grant. Next Level Recruiting Training, L.L.C., a Texas limited liability company d/b/a Next Level Exchange (“Next Level Exchange”), grants you a non-exclusive, non-transferable, license to access the Next Level Exchange-owned databases (the “Databases”) which are accessible through the Website, as defined in Section 4(a) of this Agreement. Access to certain Databases may be restricted. You are licensed to use online programming made available on the Databases (“Programming”) in accordance with the terms and conditions of this Agreement.
(b) Limitations. You may not copy, download, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast circulate, sell, resell or otherwise use the Programming, or any portion of the Programming, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with Next Level Exchange’s prior written consent, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.CA § 107). Programming shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement. You shall not sell, license or distribute Programming to third parties or use Programming as a component of or as a basis for any material offered for sale, license or distribution.
(c) Rights in Programming. Except for the license granted in this Agreement, all rights, title and interest in Programming, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of Next Level Exchange.
2. Usage Restrictions. You shall not use any Programming and shall not distribute any Programming to a third party for use in a manner contrary to or in violation of any applicable federal, state, or local law, rule or regulation. You acknowledge that access to certain Programming is regulated by state or federal laws. You agree not to access such Programming for any purpose that is not allowed by applicable state or federal laws or regulations. Next Level Exchange retains the right to temporarily or permanently block access to certain Programming if Next Level Exchange, in its sole discretion, believes that the Programming may be used for an improper purpose or otherwise in violation of the terms of this Agreement. By accessing Programming, you acknowledge that from time to time, Next Level Exchange and/or various government entities may require you to identify a permissible use and may inquire as to your compliance with applicable laws or this Agreement. You agree to cooperate with any inquiry, subject to any attorney-client confidentiality. You shall report to Next Level Exchange any misuse, abuse, or compromise of Programming of which you becomes aware.
3. Charges and Modification of Charges. Charges payable by you for access to the Website and the Databases (“Charges”) will commence on the date Next Level Exchange.comprocesses your order. Monthly charges will be billed to your credit card. If your subscription is on a month to month basis, you must give us 10 days written or emailed notice for your cancellation. YOUR ORDER IS NON-CANCELABLE DURING YOUR CONTRACTED TERM. AT THE END OF THE CONTRACTED TERM, YOUR SUBSCRIPTION WILL RENEW ON A MONTH-TO-MONTH BASIS, CANCELABLE WITH 10 DAYS WRITTEN OR EMAILED NOTICE. Charges may be modified upon at least 30 days prior notice to you in writing or online. Charges are exclusive of sales, use, value-added tax (VAT) or equivalent, ad valorem, personal property and other taxes, which are your responsibility. You will pay all invoices in full within 30 days from date of invoice. If full payment is not made, You may be charged up to the maximum legal interest on any unpaid balance.
(a) You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are noncancelable and all amounts paid are nonrefundable. You must provide NLE with valid credit card information to use the Service. NLE reserves the right to modify its fees and charges and to introduce new charges at any time. Modifications to fees and charges will be reflected on the website as they occur.
(b) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on NLE’s income. If you believe your bill is incorrect, you must contact us in writing within 60 days at the following address: Next Level Exchange – 5851 Legacy Circle, Suite 500, Plano, Texas 75024
(c) You agree to provide NLE with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, NLE reserves the right to terminate your access to the Service in addition to any legal remedies.
(d) On new accounts during the first year of the contract, NLE will notify you thirty (30) days before your credit card expires that you will be required to provide updated and current information to NLE on the credit card you intend to use to fulfill your financial obligations. If you fail to provide updated information within ten (10) days of the expiration date of the credit card you have on file with NLE, NLE will bill the remaining months under your contract to that credit card prior to its expiration date. By entering into this contract with NLE you expressly grant NLE authority to bill your credit card for any remaining months under the contract should you fail to provide timely updated credit card information to NLE.
(e) Any accounts more than thirty (30) days in arrears will be considered delinquent and you will be charged interest on all unpaid balances at the rate of 18% compounded daily and a late fee of five (5) percent on each delinquent month.
(f) Unless otherwise agreed to by NLE, amounts will be billed in U. S. dollars.
4. Website.
(a) www.nletv.com is an Internet-based service that provides access to the Databases (the “Website”). Next Level Exchange grants you a non-exclusive, non-transferable, license to use the Website (including all versions and updates). You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Website nor may you reproduce all or any portion of the components of the Website. You may use Programming cached in your local disk drive solely in support of its use of the Website. Certain software used by you may not be capable of supporting the Website. The performance of the Website varies with the manufacturers’ equipment with which it is used.
5. Disclaimer of Warranties and Limitation of Liability. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, ANY SCHEDULE OR LICENSE AGREEMENT, THE DATABASES AND THE WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. YOUR EXCLUSIVE REMEDY AGAINST Next Level Exchange FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE DATABASES OR THE WEBSITE WHICH ARE MADE WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID BY YOU RELATIVE TO THE SPECIFIC FEATURE WHICH IS THE BASIS OF THE CLAIM(S) DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL Next Level Exchange BE LIABLE TO YOU FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE, THE DATABASES OR THE WEBSITE. Next Level Exchange DOES NOT MAKE ANY WARRANTY THAT ACCESS TO THE DATABASES OR THE WEBSITE WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE. NOR DOES Next Level Exchange MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL OR THIRD PARTY WEB SERVICE. YOU ACKNOWLEDGE THAT PROVISION OF THE DATABASES ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF PROGRAMMING OR DAMAGE TO MEDIA.
6. Responsibility for Certain Matters. You are solely responsible for maintaining security of Website passwords. You may distribute Website passwords to your personnel solely and exclusively for your internal business purposes. You are not authorized to distribute Website passwords to any third party, without the prior written consent of Next Level Exchange. You are also responsible for all access to and use of the Databases and Website passwords by your personnel, whether or not you have knowledge of or authorize such access and use.
7. Limitation of Claims. Except for claims relating to Charges or improper use of the Website or the Databases, no claim, regardless of form, which in any way arises out of this Agreement, may be made, nor such claim brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.
8. Term and Termination. This Agreement will become effective upon approval and acceptance by Next Level Exchange, and will continue in force until terminated by either party pursuant to the terms of this Agreement. Notwithstanding the foregoing: (i) Next Level Exchange may terminate this agreement immediately upon giving written notice of termination to you if you commit a material breach of any obligation to Next Level Exchange under this Agreement; (ii) Next Level Exchange may terminate this Agreement immediately upon giving written notice of termination to you if Next Level Exchange reasonably believes that your use of Programming violates any applicable law or regulation, this Agreement or may result in a risk to public safety, including but not limited to the safety of private individuals; (iii) you may terminate this Agreement immediately upon giving written notice of termination to Next Level Exchange after receiving notice of an amendment (as permitted under Section 9) which contains new terms that materially alter the terms of this Agreement and are unacceptable to you; and (iv) either party may terminate this Agreement immediately upon giving written notice of termination to the other party if the other party commits a material breach of this Agreement.
9. Effect of Agreement. This Agreement (which includes all current and future Schedules, additional terms and license agreements and the like) embodies the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. Next Level Exchange may amend the terms and conditions of this Agreement by giving you at least 30 days prior written or online notice.
10. Notices. Notices given under this Agreement shall be in writing and sent by facsimile, e-mail, or by first class mail or equivalent. Next Level Exchange shall direct notice to you at the facsimile number, e-mail address, or physical mailing address you provided in the registration process.
You shall direct notice to Next Level Exchange at the following address: 5851 Legacy Circle, Suite 500, Plano, Texas 75024
11. Force Majeure. Next Level Exchange’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
12. General Provisions. This Agreement will be governed by and construed under the law of the state of Texas without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Collin County, Texas will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by you without Next Level Exchange’s prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
