Terms of Service
General Terms: By selecting a product or service, you agree to pay NextStepMindset the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-paid basis on the day you sign up for an upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Automatic Renewal: Unless you notify NextStepMindset before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to NextStepMindset.
Fees & Payment: By signing up for a Services account you agree to pay NextStepMindset the applicable setup fees and recurring fees. Your electronic signature on the account constitutes an electronic letter of agency authorizing NextStepMindset to charge such fees to whatever payment method(s) it has on file. Applicable fees will start from the day your services are established and in advance of using such services. NextStepMindset reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime by providing thirty (30) days written notice to NextStepMindset. If you cancel prior to the end of a subscription, your subscription will end at the end of the prepaid term. No refund or pro-rated amount will be given for any unused portion.
Support: If your service includes support, "Email support" and we will respond as timely as possible.
Responsibility of Website Visitors: NextStepMindset has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, NextStepMindset does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. NextStepMindset disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites: We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which NextStepMindset does not have any control over. NextStepMindset websites and webpages are not responsible for their contents or their use. By linking to a non-NextStepMindset website or webpage, NextStepMindset does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NextStepMindset disclaims any responsibility for any harm resulting from your use of non-NextStepMindset websites and webpages. NextStepMindset shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any material available on or through any such sites or any dealings or promotions posted on the same.
Copyright Infringement and DMCA Notices: As NextStepMindset asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by NextStepMindset violates your copyright, you are encouraged to notify NextStepmindset in accordance with the Digital Millennium Copyright Act. You should send your DMCA notice to firstname.lastname@example.org. NextStepMindset will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. NextStepMindset will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of NextStepMindset or others. In the case of such termination, NextStepMindset will have no obligation to provide a refund of any amounts previously paid to NextStepMindset.
Intellectual Property: This Agreement does not transfer from NextStepMindset to you any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NextStepMindset. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.
Your use of the Website grants you no right or license to reproduce or otherwise use any NextStepMindset or third-party trademarks. You may download material displayed in the site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials.
You may NOT distribute, modify, transmit, reuse, report or use the content of the site for public or commercial purposes including the text and images without the corresponding written permission.
You, also, may NOT distribute, sell, transmit, or share product access, membership passwords, user login information in any way. If you have purchased a product or course from NextStepMindset and it is found out that you are sharing your user information or somehow giving access (paid or free) to others, your account will be terminated without refund.
NextStepMindset makes no representation that the information in the site is appropriate or available for use in locations outside the United States, and access to the site from territories where the content of the site may be illegal or inappropriate is prohibited. Those who choose to access the site from other locations do so on their own initiate and are responsible for compliance with applicable local laws.
Advertisements: NextStepMindset reserves the right to display advertisements.
Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Changes. NextStepMindset reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. NextStepMindset may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. NextStepMindset may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. You can terminate access to the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided "as is" with all faults and no warranties. NextStepMindset and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible pursuant to applicable law. Neither NextStepMindset nor its suppliers and licensors, makes any warranty that the Website: i) will meet your requirements; ii) will be error free or that errors will be corrected; iii) that access thereto will be continuous or uninterrupted; iv) will be free of viruses or other harmful components; v) will have security employed that will be sufficient against interference with your enjoyment of the website or against infringement; vi) will result in any specific health related outcome; vii) will be accurate or reliable. You understand that the Website, the products and/or services offered on the Website may contain bugs, errors, problems or other limitations, therefore you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. NextStepMindset is not liable for the availability of the underlying Internet connection associated with the website. No advise or information whether oral or written obtained by you from this Website shall create any warranty not expressly stated in the Agreement.
No Guarantee of Earnings: While NextStepMindset strives to provide accurate and immediately actionable information, nothing on the Website or in our trainings has any guarantee of earnings. Your results will be based on the effort you put into your marketing efforts. Use of this Website is subject to NextStepMindset Earnings Disclaimer.
Limitation of Liability: In no event will NextStepMindset, or its affiliates, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, special, incidental, consequential or exemplary damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) loss of profit, goodwill, use, data or other intangible losses; (v) for any amount under this agreement during the twelve (12) month period prior to the cause of action. NextStepMindset shall have no liability for any failure or delay due to matters beyond their reasonable control. No action, regardless of form, arising out of the use of the Website may be brought by you more than One (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and NextStepMindset. Access to the Website would not be provided without such limitation. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification: You agree to indemnify and hold harmless NextStepMindset , its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, products purchased there from, including but not limited to your violation of this Agreement and the violation of any rights of another individual and/or entity.
Binding Arbitration & Choice of Law: All access to or use of the Website shall be governed by the laws of the state of Ohio, United States, excluding its conflict of law provisions.
Any dispute arising under this Agreement or otherwise regarding your relationship with NextStepMindset shall be decided exclusively through binding arbitration conducted by the lawyer and arbitrator of our choice. The arbitrator does not have authority to make an order for costs or attorneys fees, and will only award contract damages if any. If, however, a party files a suit in Court in violation of this written arbitration agreement, the party that is made to defend the suit in Court is entitled to an immediate stay and dismissal of such Court proceeding, and shall be entitled to an award of all reasonable attorneys fees and costs in connection with such Court proceedings. In order to keep costs down, the arbitration will be conducted through written submissions only, and the arbitrator will not require any live hearings. By entering into this Agreement you waive all rights to class arbitration. The arbitration shall take place in Lisbon, Ohio, in the English language and the arbitral decision may be enforced in any court. Each party will pay their costs and attorneys' fees incurred in connection with the arbitration proceeding.
Miscellaneous: This Agreement constitutes the entire agreement between NextStepMindset and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NextStepMindset, or by the posting by NextStepMindset of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NextStepMindset may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.