Welcome, and thank you for your interest in Next Thing Technologies Inc (“Next Thing Technologies,” “we,” or “us”) and our websites at www.nextthing.tech and www.nextbolt.co (the “Sites”). Use of our other products and services requires a separate agreement with us. These Websites Terms of Service are a legally binding contract between you and Next Thing Technologies regarding your use of the Sites.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR USING THE SITES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING NEXT THING TECHNOLOGIES’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Sites. YOUR USE OF THE SITES, AND NEXT THING TECHNOLOGIES’S PROVISION OF THE SITES TO YOU, CONSTITUTES AN AGREEMENT BETWEEN NEXT THING TECHNOLOGIES AND YOU TO BE BOUND BY THESE TERMS.
. You must be at least 18 years old to use the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Sites; and (c) your registration and your use of the Sites is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. 2. Restrictions; Feedback. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Sites; (b) make modifications to the Sites; or (c) interfere with or circumvent any feature of the Sites, including any security or access control mechanism. If you are prohibited under applicable law from using the Sites, you may not use it. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Sites or our products and services (“Feedback“) or submit content, materials, or information through interactive features of the Sites (“Content”), then you hereby grant Next Thing Technologies an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback or Content in any manner and for any purpose, including to improve the Sites and create or improve other products and services.
3. Ownership; Proprietary Rights. The Sites is owned and operated by Next Thing Technologies. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sites (“Materials”) provided by Next Thing Technologies are protected by intellectual property and other laws. All Materials included in the Sites are the property of Next Thing Technologies or its third party licensors. Except as expressly authorized by Next Thing Technologies, you may not make use of the Materials. Next Thing Technologies reserves all rights to the Materials not granted expressly in these Terms.
4. Third Party Terms. The Sites may also contain links to third party websites. Linked websites are not under Next Thing Technologies’s control, and Next Thing Technologies is not responsible for their content. Next Thing Technologies does not control and does not have any obligation to monitor any content made available by third parties. You acknowledge and agree that Next Thing Technologies reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Sites for operational and other purposes. If at any time Next Thing Technologies chooses to monitor the content, Next Thing Technologies still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. 5. Prohibited Conduct. You shall not, and shall not permit any third party to: (a) modify or create any derivative works based on the Sites or any portion thereof; (b) reproduce, distribute, publicly display, or publicly perform the Sites or any portion thereof; (c) sublicense, distribute, sell, lend, rent, lease, transfer, or grant any rights in or to all or any portion of the Sites or provide access to the Sites to third parties on a service bureau basis or otherwise; (d) use or access the Sites without permission, interfere with or circumvent any feature of the Sites, including any security or access control mechanism, or introduce any security threats into or through the Sites; (e) use the Sites or any portion thereof to exploit, interfere with, or circumvent any feature of any other sites or service; (f) use the Sites or any portion thereof for any illegal, harmful, offensive, or objectionable purpose, including in a manner that disparages or defames, or violates the intellectual property or proprietary rights of, Next Thing Technologies or any third party; or (g) otherwise use the Sites or any portion thereof) other than as provided herein, or in violation of any applicable law.
6. Modification of these Terms. We reserve the right to change these Terms on a going forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. By using the Sites after changes are published, you agree to the updated terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 6, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
7. Modification of the Sites. If you violate any provision of these Terms, your authorization to access the Sites and these Terms automatically terminate. In addition, Next Thing Technologies may, at its sole discretion, suspend or terminate your access to the Sites, at any time for any reason or no reason, with or without notice. Upon termination, your rights hereunder will terminate and you must immediately cease all use of the Sites. Sections 2, 3, and 7 through 16 will survive termination. Next Thing Technologies reserves the right to modify or discontinue the Sites at any time (including by limiting or discontinuing certain features of the Sites), temporarily or permanently, without notice to you. Next Thing Technologies will have no liability for any change to the Sites or any suspension or termination of your access to or use of the Sites.
8. Disclaimers; No Warranties. We are under no obligation to provide support for the Sites. In instances where we may offer support, the support will be subject to published policies. THE SITES AND ALL MATERIALS AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEXT THING TECHNOLOGIES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL MATERIALS
INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. NEXT THING TECHNOLOGIES DOES NOT WARRANT THAT THE SITES OR ANY PORTION OF THE SITES, OR ANY MATERIALS OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND NEXT THING TECHNOLOGIES DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR NEXT THING TECHNOLOGIES OR ANY MATERIALS AVAILABLE THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING NEXT THING TECHNOLOGIES OR
THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITES AND YOUR DEALING WITH ANY OTHER SITES USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITES) OR ANY LOSS OF DATA.
however, Next Thing Technologies does not disclaim any warranty or other right that Next Thing Technologies is prohibited from disclaiming under applicable law.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEXT THING TECHNOLOGIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR ANY MATERIALS ON THE SITES, WHETHER BASED ON WARRANTY, CONTRACT,
NG NEGLIGENCE), STATUTE. OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ANY NEXT THING TECHNOLOGIES ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF NEXT THING TECHNOLOGIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO NEXT THING
TECHNOLOGIES FOR ACCESS TO AND USE OF THE SITES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Next Thing
Technologies submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Sites from our offices in California, and we make no representation that Materials included in the Sites are appropriate or available for use in other locations.
11. Privacy Policy. Please read the Next Thing Technologies Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Next Thing Technologies Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
12. Consent to Electronic Communications. By using the Sites, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
13. Contact Information. The Sites is offered by Next Thing Technologies Inc, at 237 Kearny Street #9223, San Francisco, CA 94108. You may contact us by sending correspondence to that address or by emailing us at legal@nextthing.tech.
14. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento,
California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Sites or to receive further information regarding use of the Sites.
15. International Use. Access to the Sites from countries or territories or by individuals where such access is illegal is prohibited.
16. Miscellaneous. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Next Thing Technologies regarding your use of the Sites. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Last Updated 25 March 2022