Terms of Service
READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CLICKING ON THE BUTTON MARKED “I ACCEPT” AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
1. Introduction .
This Terms of Service agreement (the “Agreement”) sets forth the terms and conditions of your use of the planning, information, research, teaching, and coaching services and transitional tools (collectively, the “ Services ”) sold by My Next Phase, LLC (the “ Company ”) through its Web site located at MyNextPhase.com (the “ Site ”). The Company retains the right to modify the Agreement at any time and any such modification shall be automatically effective when posted on the Site. By utilizing the Company's Services, you agree to be bound by the terms herein and as modified. The Terms of Access are incorporated herein by reference, and may be viewed by clicking on this <link>.
2. Registration and Password .
In consideration of use of the Services, you agree to: (a) provide true, accurate, current and complete credit or debit card information and all other information about yourself as prompted by the Services' registration form (such information being the " Registration Data ") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You will create a password and account designation as part of Services' registration process. You are solely responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. The Company, in its sole discretion, reserves the right to refuse to register you for the Services within thirty (30) calendar days from receipt of your payment for such Services. In the event the Company does not register you for Services within such thirty (30) calendar day period, the Company agrees to refund your applicable fee(s). You agree that the Company shall not be liable to you for loss or damages that may result from our refusal to register for the Services.
3. Term and Payment for Services .
3.1 Term. This Agreement shall be for an initial term as chosen by you during the registration process at the time you register for the Services for each of the respective Services (the “ Initial Term ”). This Agreement will be automatically renewed (the " Renewal Term ") at the end of the Initial Term for the same period as the Initial Term for each respective Service unless you Terminate the Services. Either you or the Company may Terminate the Services at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. You must provide Company with your notice of termination in writing. Upon canceling any Services, you will be asked to provide Company with sufficient customer identification information so that Company may properly identify you and your account. You agree that cancellation of any or all Services is not valid or accepted unless submitted via Company's prescribed method of cancellation, and until you are in receipt of confirmation from Company that cancellation is accepted. You agree that default, non-payment or reversal of payment does not constitute cancellation of any of the Services, nor reduce the balance due on any amounts outstanding.
3.2 Termination Policy . You have 30 days from date of account setup to be eligible for a refund. All refunds requested during such period with a "valid complaint" will receive a refund of the charged periods. The Company shall determine whether a complaint is a "valid complaint" in its sole and absolute discretion. Termination by you at any time after thirty days of account setup shall require payment of all fees that would have been due through the then current Initial or Renewal Term. In the event your access to the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to the Company by you shall be nonrefundable. If you have enrolled in a paid teleclass, telecourse or in-person seminar you must cancel 48 hours in advance to receive a refund. Pro-rata refunds are not given once a course or class has begun unless the cause is Death or Disability (see below). If the Company cancels a paid teleclass, telecourse or in-person seminar, you will receive a full refund for the services not provided. Coaching sessions are paid for in advance and must be used during your subscription. Coaching sessions must be cancelled 24 hours in advance to avoid being considered used. All coaching session refunds will be authorized at 50% of the single session rate enforce at the time of refund.
3.3 Death or Disability . If by reason of death or disability you are unable to receive all Services for which you contracted, you and your estate may elect to be relieved of the obligation to make payments for Services other than those received before death or the onset of disability, except as provided herein. If you have prepaid any amount for the Services, so much of the amount prepaid that is allocable to Services that you have not received shall be promptly refunded to you or your representative. "Disability" means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to the Company. If the physician determines that the duration of the disability will be less than six (6) months, Company may extend the term of the contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
3.4 Termination for Cause . 5.1 Company reserves the right to terminate this Agreement, and to delete any Web site or Content (as defined below), immediately upon the occurrence of any of the following events:
5.1 Non payment of any amounts due from you;
5.1 Breach of any term or condition of this Agreement by you;
5.1 Commencement of any lawsuit or proceeding against you arising from or relating to your use of the Services or any related Web site, whether or not such suit names the Company as a party or seeks and recovery from the Company; and
5.1 Failure to provide a current and/or valid credit or debit card.
3.5 Charges . You agree to pay for all charges attributable to your use of the Services at the then current Company prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Company's net income.
3.6 Payment . All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card. Since you are required to pay by credit or debit card upon registering for the Services, you thereby authorize Company to charge your credit or debit card to pay for any charges that may apply to your account. You must notify Company of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Company from charging your account. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.
3.7 Effect of Termination . Upon the effective termination or cancellation of any of the respective Services, you shall, with respect to each Service terminated or cancelled, immediately discontinue your use of the respective terminated or cancelled Services and all licenses relating thereto shall also terminate. Any and all payment obligations of you under this Agreement for Services will immediately become due and payable.
4 Confidentiality .
The Company will keep confidential all information supplied to the Company by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law. For additional information about the collection and possible use of information provided by you, please refer to our Privacy Policy. By using My Next Phase, you agree to allow us to anonymously use the information from you and your experiences through My Next Phase to continue our research into personality, retirement transitions and successful Next Phases.
5. Your Representations, Warranties, and Covenants .
You shall not post, transmit, e-mail, re-transmit or store material on or through any of Services which, in the sole judgment of the Company: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, " Persons ") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you. In addition, you may only use the Services in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact the Company at legal@MyNextPhase.com. By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:
5.1 upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “ Content ”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere;
5.2. harm minors in any way;
5.3. impersonate any person or entity, including, but not limited to, a the Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5.4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
5.5. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
5.6. upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, t trade secret, copyright or other proprietary rights of any party
5.7. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
5.8. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5.9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
5.10. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
5.11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
5.12. “stalk" or otherwise harass another;
5.13. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites; and
5.14. effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
6. Dealings with Advertisers .
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
7 Disclaimer of Warranties.
You expressly understand and agree that your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. The Company disclaims liability for, and no warranty is made with respect to the connectivity and availability of the service. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, non-interference, system integration, and informational content. The Company makes no warranty that (i) the Services will meet your requirements; (ii) the services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the services will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services or any software related thereto will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through or from the Services or the Site shall create any warranty not expressly stated in the agreement.
8. Limitation of Liability.
You expressly understand and agree that the Company shall not be liable for any indirect, incidental, special, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute Services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of Data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Services. In no event shall the total and aggregate liability of the Company exceed the total amount paid by you to the Company during the twelve (12) months preceding written notice of such claim for any or all of the services. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS THIS SECTION MAY NOT APPLY TO YOU.
9. Indemnity .
You will indemnify and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement.
10. Privacy .
The Privacy Policy of the Company is incorporated herein by reference. For more information, click here to see our full Privacy Policy.
11. Proprietary Rights and Responsibilities .
11.1 Company Technology . The Company’s Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, e-store and other templates and designs, architecture, class libraries, and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, enhancements or extensions thereof used in connection with the Services (the " Company Technology ") are and shall remain the sole and exclusive property of the Company.
11.2 License and Restrictions . The Company grants you a personal, non-transferable, non-sublicensable, and non-exclusive right and license to use the Services only as set forth herein. You agree that you will not (and will not allow any third party to) copy, modify, rent, lease, loan, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any code of the Company Technology, in whole or in part.
11.3 Content . The Company does not claim ownership Content you submit in connection with the Services. By submitting or using the Content in connection with the Services, you grant the Company the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Content for the purpose intended for each respective Service. You acknowledge that the Company does not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
12. Not for Resale .
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.
13. Third Party Services Providers .
In the event that you request a service that is provided by third parties, the Company may, at its option, provide such services through such third parties for you; provided, however, that all such services shall be provided “as is” without any warranty or liability of any kind as between you and the Company, and your sole remedy for any and all purposes shall be with the third party service provider.
14. Contradiction .
To the extent there is a contradiction with any representation on the Site and this Agreement, the terms of this Agreement shall control.
15. No Third Party Beneficiaries . The parties agree that there shall be no third-party beneficiaries to this Agreement.
16. Force Majeure .
The Company shall not be liable to you, nor shall any remedy be extended, for any failure of performance or equipment due to causes beyond the Company’s reasonable control including, but not limited to: acts of God, fire, explosion, lightening, flood, earthquake, tornado, storms, meteorological, hydrological or geological conditions or other catastrophes caused thereby; any law, order, regulation, direction, action, or request of any governmental or regulatory entity or agency, or any civil or military authority; emergencies; civil unrest, insurrections, riots, wars; unavailability of rights-of-way, third party services or materials; or strikes, lock-outs, work stoppages, labor shortages or other labor difficulties; or transmission failures, telecommunication line or power breaks or outages, viruses, denial of service attacks, or failure of the Internet. In the event any of the foregoing occur and the Company is unable to deliver the Service for thirty (30) consecutive days, you shall have the right to terminate this Agreement pursuant hereto. In the event of such termination, neither party shall be liable for damages arising out of any failure to perform.
17. Minors.
Children (persons under the age of 18) are not eligible to use any portion of the Site that requires submission of personal information, and Company requires that children do not submit any personal information through the Site.
18. Governing Law and Venue .
The Company reserves the right to revise or change this Agreement at any time. This Agreement shall be governed in all respects under the laws of the State of Tennessee applicable to contracts made, without application to principles of conflict of laws, and you agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of Tennessee, County of Shelby.
19 . Entire Agreement.
This Agreement contains the entire agreement between you and the Company regarding the use of this Service. Unless otherwise explicitly stated, the terms will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
20. California Residents .
If you are a California resident, you are entitled under California Civil Code Section 1798.82 to notification of breaches in the Company’s security that results or is reasonably believed to have resulted in the disclosure of your personal information to an unauthorized person. You agree that for all Services throughout the Term of this Agreement such notifications may be made via e-mail. In no case will the Company provide paper notifications. You may withdraw your consent to e-mail notification at any time by providing written notice to the Company, but upon withdrawal this Agreement will terminate. For a statement of the hardware and software used to protect your personal information, click here.