NEXTKOURT, INC. (“NEXTKOURT” and also referred to herein as the “Company”) hereby provides the following terms and conditions for all online visitors and users. Please read these terms and conditions for use (collectively with NEXTKOURT’s Privacy Policy and Cookie Policy (collectively the "Terms of Use") fully and carefully before using nextkourt.com (the "Site") and the services, features, content or any Applications (as defined in Section 14 below and collectively the “Services”) offered by NEXTKOURT, or any of its parent company(s), subsidiaries, or affiliate entities (the “NEXTKOURT Group Companies”), (also “we,” “us,” or “our”) (together with the Site, collectively the foregoing are the “Services”) and You, as the User (“you”, “your”, User”) agree to abide by these Terms of Use. These Terms of Use set forth the legally binding terms and conditions for your use of the Site and Services.
This Site and any of its related Services and links do not constitute mandatory obligations of Users to purchase any products or to utilize any Services. All such conduct, decisions, and purchases and sales of Services on the Site are at the sole discretion, intent, consent of the User(s). By providing a forum for such transactions on this Site, it does not constitute a representation or warranty by NEXTKOURT in any way as to the value, condition, privacy, or other aspect of results related to any Services sold hereunder, whether or not such information is material or not to any sale transaction.
Furthermore, in addition, when visiting or using the NEXTKOURT Site, you shall be subject to any posted agreements, policies, guidelines, rules, terms, and conditions that are posted on the Site from time-to-time. All such agreements, policies, guidelines, rules, or terms and conditions may be amended by NEXTKOURT from time to time in its sole discretion, are hereby incorporated by reference into these Terms of Use. It is your responsibility as the User to review these Terms of Use periodically, and if you do not have authority to agree or accept these Terms, or if at any time you find these Terms unacceptable, you may not use the Site and Services, and you must immediately leave and cease all use of the Site and Services.
Acceptance of Terms of Use
BINDING TERMS. BY REGISTERING FOR AND/OR USING THE SITE AND SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE AND/OR ITS APPLICATIONS, REGISTERING TO RECEIVE AND PAYING FOR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL OTHER TERMS AND CONDITIONS, OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME THROUGH THE SERVICES BY NEXTKOURT OR OTHERWISE PROVIDED TO YOU IN CONNECTION WITH THE SERVICES, EACH OF WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO. ADDITIONALLY, THESE TERMS OF USE ADOPT AND INCORPORATE BY REFERENCE AND SUPPLEMENT THE PRIVACY POLICY LOCATED AT nextkourt.com/privacy (“PRIVACY POLICY”), AND ANY AGREEMENTS ENTERED INTO WITH NEXTKOURT FROM TIME-TO-TIME. ANY USER OF THIS SITE, REGARDLESS OF PURPOSE, WHETHER IT BE TO PURCHASE COURT RESERVATIONS OR SUBSCRIPTIONS TO THE NEXTKOURT DIGITAL SCHEDULING PLATFORM WILL ALSO BE SUBJECT TO AND GOVERNED BY THESE TERMS OF USE. THESE TERMS OF USE DO NOT APPLY TO A USER’S DECISION TO SELECT ANY COURT OR FOR THE CONDUCT THAT OCCURS AT ANY COURT.
Applicability. These Terms of Use apply to all users of the Site and Services. This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the User's own risk. NEXTKOURT is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites, which includes but is not limited to any disclosures made or safety measures in place with privacy and data protection. NEXTKOURT is merely providing You as the User, a limited revocable license to use this Site and Services and provides this Site and any third-party links merely as a convenience and the inclusion of such links do not imply an endorsement of the same by NEXTKOURT
Eligibility
Eligibility Requirements. You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Use. If you are under the age of eighteen (18), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Use and execute the requisite liability waiver and release agreements as a condition to our obligations.
Minors
Persons under the age of 18 (“Minors”) are not authorized third parties to use the Site and Services, including but not limited to creating or using a User Account. You cannot allow persons under the age of 18 to use your User Account or the Services. Anyone in violation of accessing or granting access to a User Account, or using the Site and Services that is under the age of 18 can face expulsion from the Site and Services and termination of all agreements and engagements with NEXTKOURT without return or refund of any fees paid in advance to NEXTKOURT.
Non-U.S. Users. The Site and Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
Permitted Uses; Act Accordingly. You understand and agree that you need to exercise good judgment and common sense; conduct yourself on this Site with all necessary, appropriate, and prudent action. By using this Site and the Services, you agree to be subject to all applicable local, state, local, provincial, territorial, federal, and international laws. You agree not to use the Site and Services or any of the contents contained herein for any illegal purpose nor to transmit to or through the Site and Services any material that is illegal, harmful, threatening, defamatory, obscene, hateful, or otherwise objectionable, or to interfere with, abuse, or otherwise violate the legal rights of any third party using the Site and Services (including any such conduct related to NEXTKOURT’s offerings on or in connection with the Site and Services.
Except as expressly provided in these Terms of Use, no part of the Site and Services and no content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other personal device, computer, server, web site or other medium for publication or distribution or for any commercial enterprise without NEXTKOURT's express prior written consent. You may use information on NEXTKOURT's products and Services that are publicly and purposely made available by NEXTKOURT for downloading from the Site, provided that you: (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.
Viruses, Hacking, and other Offenses
You must not misuse the Site and Services by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or harmful to technology. You must not attempt to gain unauthorized access to the Site and Services, the server on which the Site and Services are stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. NEXTKOURT will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and Services will cease immediately. NEXTKOURT will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.
Registration
Account. To utilize certain of the Site and Services, you will be required to register for an account (a “User Account” and also an “Account”) on the Site. A “User” can access the Site and Services and create a User Account in one (1) of the following categories: (i) as an individual consumer (i.e., an individual seeking to participate in sports and activities and creates a User Account in their name) (hereinafter a “Consumer”); or (ii) as a business customer (i.e., an entity that is not a person, and by way of example can be a community center, city or township, private facility owner, etc.) (hereinafter a “Customer”). Customer account activations require contact with NEXTKOURT to complete an information disclosure prior to account activation; the primary means for Customer initiated contact is via the Customer sales page available at https://nextkourt.com/parks. Additionally, Consumers can register for an Account directly through https://nextkourt.com/register. You must provide accurate and complete information and keep your User Account information updated. You shall not select or use as a username or name (i) of another person with the intent to impersonate that person; (ii) subject to any rights of a person other than you without appropriate authorization; or (iii) that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s User Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, any breach of security, or any unauthorized use of your User Account. You should never publish, distribute or post login information for your User Account. You shall have the ability to delete your User Account either directly or through making a written request made to NEXTKOURT at support@nextkourt.com; otherwise, deletion of a User Account may also be available through self-service options by following prompts set forth on the Site. Upon receiving a written request to delete a User Account, NEXTKOURT will delete that User Account within a reasonable time from the date of the request, and will send an email to the User’s email address confirming the termination. All additional protections associated with establishing a User Account are set forth in NEXTKOURT’s Privacy Policy, which is located on the Site at nextkourt.com/privacy. You cannot use, create, or establish a User Account if you are under the age of 18, and this includes using a third-party person’s User Account.
Availability of Site. We do not guarantee that any content will be made available through the Site. We reserve the right, but not the obligation, to (i) remove, edit, or modify any content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms of Use), or for no reason at all, and (ii) remove or block any User or any content from the Site. NEXTKOURT reserves the right to change these Terms of Use from time to time. NEXTKOURT notifies you of changes to these Terms of Use by updating them on this Site and NEXTKOURT may apply information as timely as possible setting forth the date on which the update was made directly on the Site. NEXTKOURT encourages you to retain a copy of these Terms of Use and periodically to check this Site for updates. Your use of this Site indicates your acceptance of the latest version of these Terms of Use. No waiver of any provision in these Terms of Use shall be effective unless made in writing signed by NEXTKOURT and shall not prevent any subsequent enforcement of these Terms of Use.
NEXTKOURT makes no guarantee of the availability of the Site and Services, including for such circumstances that include but may not be limited to downtime, service repair, the availability of any feature, service, or content, or amend other Site components at any time without notice and without liability to NEXTKOURT. NEXTKOURT may also impose limits on certain features or restrict access to any one or more components or parts of the Site and Services, without prior notice or any liability whatsoever. From time to time, we may in our sole discretion, modify the Site and Services indicated by a new version number and revision date located on this Site. The version number can include a major number, a decimal point, and a minor number, or be as simple as a date referencing the last update. Examples of significant changes include but are not limited to additional provisions that reflect new Site functionality, significant modifications to existing provisions, changes in NEXTKOURT protocols, changes in applicable laws or regulations, and more significant changes to Site functionality that cause provisions to be modified, added, or removed. Examples of less significant changes include but are not limited to additional provisions that clarify current Site functionality, minor modifications to existing provisions, and less significant changes to Site functionality that cause provisions to be modified, added, or removed. Your use of this Site indicates your acceptance of the latest version of these Terms of Use. No waiver of any provision in these Terms of Service shall be effective unless made in writing signed by NEXTKOURT and shall not prevent any subsequent enforcement of these Terms of Use
Rules of Conduct
No Prohibited Use. As a condition of use, you shall not use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
Our Additional Rights. We also reserve the right, without any obligation, to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) fulfill any requests for services or otherwise submitted into the Site; or (vi) protect the rights, property or safety of us, our Users, and the public. You acknowledge and agree that we may, but have no obligation to, conduct background checks, reference checks, and credit checks on any Users of the Site and Services that contract with, inquire with, or establish User Accounts with NEXTKOURT to engage in any transaction with NEXTKOURT.
Contributed User Content. From time to time, NEXTKOURT may provide interactive Services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. NEXTKOURT disclaims any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall NEXTKOURT be liable for any loss or damage arising from the use of any interactive service by a user in contravention with NEXTKOURT’s content standards. If you post any content to the Site, you hereby grant NEXTKOURT and its subsidiaries, affiliates, and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You also grant NEXTKOURT the right to use any photographs taken in the ordinary course of its Business, or in which You upload or tag on a social media platform involving NEXTKOURT, or that appear on NEXTKOURT publications by virtue of your delivery of those photographs, videos, or other images, or depictions to NEXTKOURT and its platform without any compensation or reward. By accepting these Terms of Use, Users agree to be photographed by NEXTKOURT and its employees, agents, and contractors without any compensation or reward. You grant NEXTKOURT and its subsidiaries, affiliates, and licensees the right to use the name, image, and likeness that you submit in connection with such content or photographs, videos, or other images taken. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold harmless NEXTKOURT for all claims resulting from the content you supply. NEXTKOURT has the right but not the obligation to monitor and edit or remove any activity or content related to the Site and Services. NEXTKOURT takes no responsibility and assumes no liability for any content posted by you or any third party on its Site if such content is posted.
The following standards apply to any and all material, which you contribute to the Site ("Contributions" and also referred to herein as “User Content”) and to any associated interactive services:
Contributions must:
• Be accurate (when they state facts);
• Be genuinely held (when they state opinions); and
• Comply with applicable laws in the United States of America and in any country from which they are posted.
Whether publicly posted or privately transmitted, it is the sole responsibility of the person who originated such Contributions as content to be liable for such Contributions.
• The following standards apply to any and all Contributions to the Site if at any time NEXTKOURT’s Site allows for such posting and Contributions from Users. Without limiting the foregoing, you must not post content that: infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty - you know is false, misleading, untruthful, or inaccurate; is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, abuse or invade another person's privacy or cause annoyance, inconvenience or needless anxiety, tortious, obscene, vulgar, pornographic, offensive, or profane; contains or depicts nudity or sexual activity; promotes bigotry, racism, hatred, or harm against any individual or group; or is otherwise inappropriate as determined by us in our sole discretion; - constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (“spamming”); - contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; - impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information; or - includes any confidential information, violates the rights (including, without limitation, the rights of publicity and privacy and rights under a contract) of others, or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Use. Any Contributions from a User of content posted on the Site can be stored and retained by NEXTKOURT by virtue of it being uploaded onto the Site and also maintains its storage and right to use for usage data and other anonymized and aggregated data purposes. You acknowledge that all User Content and Contributions, uploaded and produced, or accessed by you using the Site and Services is at your own risk and that you will be solely responsible for any damage or loss to you or any other party resulting therefrom. If at any time NEXTKOURT comes to the understanding that You as a User: (i) misled NEXTKOURT or another User regarding any fact (material or non-material) regarding the Site, or (ii) are acting in a non-cordial manner with another User, NEXTKOURT reserves the right to terminate a User’s access. We do not assume any responsibility or liability or make any warranties or guarantees that any content you access on or through the Site and Services in any country that information is accessed or viewed in translation format.
NEXTKOURT will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When NEXTKOURT determines that a breach has occurred, NEXTKOURT may take such action as it deems appropriate, including but not limited to one or more of the following:
In no event shall NEXTKOURT be liable for any actions taken in response to any breach of these content standards.
Content and Trademarks. All text, graphics, user interfaces, visual interfaces, videos, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the Site (collectively, "Content") is owned, controlled or licensed by or to NEXTKOURT, and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. Such Content is the lawful ownership of NEXTKOURT.
Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of NEXTKOURT and its affiliates, and other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, "Trademarks"). Nothing in these Terms of Use or otherwise provided on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any ownership, license, or right to use any of the Trademarks without express prior written consent of NEXTKOURT or such other owner. Neither NEXTKOURT's name nor any of the Trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Site, without NEXTKOURT's prior written consent. Without limiting the generality of the foregoing, NEXTKOURT prohibits the use of its name or any Trademarks as a link to any website unless such link is approved in advance by NEXTKOURT in writing. The names, logos, product and service names, designs, slogans, and other Trademarks associated with the Site and Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Site and Services are the trademarks of their respective owners. The names, logos, product and service names, designs, slogans, and other trademarks associated with the Site and Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Site and Services are the trademarks of their respective owners.
Fraud Protection. You must protect your use of the Services you contract with NEXTKOURT for and the platforms you use. You must protect your User Account from unauthorized and fraudulent use, and safeguard your personal information, pass codes, usernames, and the like. You must immediately notify NEXTKOURT of any fraudulent use of your account by emailing info@nextkourt.com.
NEXTKOURT BUSINESS (SERVICES)
Advertising. The Site and Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored listings, and the like in connection with the Site and Services on, around, and in connection with the User experience.
Services. NEXTKOURT strives to offer a first-class tennis and pickleball management platform that is tailored to producing digital court schedules and availability of public court venues and community centers – all of which are an aspect of the Services offered by NEXTKOURT on this Site. NEXTKOURT is a marketplace for engagement between Users and public court venues (“Courts”) to participate in tennis or pickleball (hereinafter collectively the “Services”). The Site and Services are prepared to be as accurate as possible; however, NEXTKOURT does not represent or warrant the availability of Courts, its service offerings, accuracy of online ratings, licensure of a Court location, or that other content on the Site and Service are accurate, complete, reliable, current, or error-free. Information provided to NEXTKOURT is often information developed by third parties independent of NEXTKOURT and not specifically for NEXTKOURT. NEXTKOURT compiles public information and produces the Services through its platform for Users to make independent judgments and decisions on accessing and scheduling Courts. For example, certain Courts included on the Site may be unavailable shortly after showing they are available, or may have different service attributes than those listed on NEXTKOURT, or Court rules change periodically (and can be subject to change by applicable laws, a Homeowners’ Association, or other community center regulations without notice to NEXTKOURT) – all of which are outside of the control of NEXTKOURT. Online ratings of a Court may be posted subsequent to the time a User selects a Court and may make a decision about a Court without that review or online rating. NEXTKOURT has no control over the timing of online ratings or rankings of Courts, and NEXTKOURT has no obligation to timely keep up with those changes, but will make its own updates at its own pace in its ordinary course of business. Pricing, availability of scheduled appointments, and terms of retaining any such Court is outside of the control of NEXTKOURT. Prices shown (whether on this Site or in your own contractual Order Form or agreement with NEXTKOURT) refers to the Services offered on this Site, but not for a User’s separate fees owed for other purchases which are not part of the Services purchased. Pricing on this Site does not necessarily include any taxes, shipping fees, or any other collateral charges to transactions, which may be separately applied. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm your pricing through the Order Form you sign with NEXTKOURT, you may also receive payment confirmations by email, text message, or mobile application from a third-party payment processor independent of NEXTKOURT. Any receipt showing a purchase confirmation from a third-party payment processor does not constitute our immediate acceptance of an order or our confirmation of an offer for the Services until NEXTKOURT receives your executed Order Form or other such required documentation it requires. It is your responsibility (as a User) to ascertain your trustworthiness and to do your own diligence with Court locations, judge safety of the areas in which Courts are located, and to whom you participate with at a Court location. All Users must obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the use of Courts.
User Conduct and Requirements
In addition to complying with these Terms of Use, you agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to NEXTKOURT or any other party.
NEXTKOURT is not responsible for any conduct of any third-party, any injury, or any incident that may arise out of a User at any Court location. In certain instances, you may be asked to provide proof of age, identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of age, identity, or other method of identity verification.
For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during your use of either/or (i) the Site; (ii) the Services; or (iii) User interactions transacting with a customer (as a User) through the Site. You agree to cooperate with any investigation and attempted resolution of such incident that NEXTKOURT may become involved, despite the fact that NEXTKOURT is not a contracting or responsible party between Users and/or any Court locations where Users are engaging with one another in sport or other social interactions.
Communications with NEXTKOURT
By creating a User Account, you electronically agree to accept and receive communications from NEXTKOURT, third-party providers (such as the Calendly application for scheduling meetings or demonstrations of the Site), or third parties providing services as independent contractors, by methods including via email, text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to NEXTKOURT. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of NEXTKOURT, and/or third-party providers, including but not limited to communications concerning requests placed through your User Account on the Services. Message and data rates may apply. You can learn more about how NEXTKOURT may contact you by reading our Privacy Policy at nextkourt.com/privacy.
If you do not wish to receive promotional emails, text messages, or other communications from NEXTKOURT, you may change your notification preferences by accessing Settings in your User Account. To opt out of receiving text messages from NEXTKOURT, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, text messages between you and third-party providers and contractors are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your User Account, NEXTKOURT may contact you using any of the contact information you provided in connection with your User Account (including via text or voice-recorded message – as applicable). For further clarity, a "transactional" message is doesn't require the User to unsubscribe from receipt of communications as an option, as its primary purpose is to facilitate a transaction or update a customer about an ongoing transaction, while a "non-transactional" message is not related to a specific transaction and would typically be considered a commercial message, requiring compliance with applicable laws; thus, we include an unsubscribe option to comply with the applicable statutory authority.
Use of Accounts Owned by Others
In the event you use any of the Site or Services that enables use of or billing to another person or business, certain information will be shared with that party. This may include information regarding the time and date of reservations you request, the scheduling of courts, fields, spaces, logistics and/or associated charges for such use and services. You acknowledge that such data sharing is a condition of use of any of the NEXTKOURT Site and Services.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Site and Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Site and Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site and Services and any updates thereto. NEXTKOURT does not guarantee that the Site and Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Site and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. NEXTKOURT is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.
Payment Terms; Reservations; Orders
NEXTKOURT’s Site’s Services offerings are offered in return for payments via direct charges billed to the User or through a subscription model (as applicable). Except for items sold on the Site directly through purchase options configured within the Site (i.e, the purchase of merchandise, adding items to a ‘shopping cart’, etc.) all orders for payments and subscriptions are placed through the Site and Services by executing an order form (“Order Form”) with NEXTKOURT. The Order Form sets forth the Services selected for purchase, the fees associated with the purchase to use the Site and Services, and each Order Form is subject to NEXTKOURT’s signature and acceptance. Terms of payment are within NEXTKOURT’s sole discretion, and unless otherwise agreed to by NEXTKOURT, NEXTKOURT must receive payment prior to NEXTKOURT’s acceptance of a User’s Order Form. Users will be invoiced for their payment and payments will be accepted via certain payment methods accepted by our third-party payment processing service Stripe, which is also set forth in our Privacy Policy. You are subject to the terms and conditions and privacy policy of Stripe when Stripe is processing your personally identifiable information and payment information. Your order is subject to cancellation by NEXTKOURT at NEXTKOURT’s sole discretion. All amounts due are payable in U.S. dollars ($). Any amount not paid when due will be subject to a finance charge of eight percent (8%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due (unless stated otherwise in your underlying agreement with NEXTKOURT). You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees), incurred by NEXTKOURT in collecting past due amounts from you. Unless otherwise stated in this Agreement, the price payable for Services is exclusive of value added tax (“VAT”) or other sales tax; and inclusive of all charges, taxes (including all other connected duties, licenses, permits, taxes (other than VAT) as may be payable for the Services from time to time).
Prices & Charges
Your use of the Services on this Site may result in charges to you for the Services you receive from NEXTKOURT. Prices displayed to Users when purchasing the Services may be inclusive of all prices charged by NEXTKOURT, but it does not include any services or fees Users may incur by entering into your own independent contracts with any third parties at Court sites. Any fees paid to NEXTKOURT will enable your continued use of the Site and Services. Charges will include applicable taxes where required by law. Further, charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors such as positive weather, tournaments, etc.
There also may be certain charges you incur that will be owed and paid directly to NEXTKOURT or its affiliates. For the avoidance of doubt, NEXTKOURT does not charge a fee for you to initially access the NEXTKOURT Site, but NEXTKOURT charges you a fee and other charges for accessing the Services and using other features as they arise on the Site (including as set forth in an Order Form). Even if not indicated on the Site (including any available mobile or online applications), the prices for Services displayed through the Site and Services may differ from previous days or times that you may have checked the Site. Pricing in your Order Form shall first control, then pricing on the Site shall control in the event of any dispute on pricing as displayed through the Site and Services or fees charged by and paid to NEXTKOURT.
All Charges and payments will be enabled by NEXTKOURT’s third-party payment processor Stripe, after which upon completing payments, you will receive a receipt directly from Stripe or NEXTKOURT to the email you registered with. Any declined payments will result automatically cancelling the reservation, and you will be required to go through the process of re-processing your payment to receive the Services.
As between you and NEXTKOURT, NEXTKOURT reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. NEXTKOURT will use reasonable efforts, but is not required to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Subsequent to making the required payment(s), and so long as the User’s payments remain in good standing, Users will receive access to the platform within the Services. A confirmation email will be sent to the User for any Services, i.e., court reservations, and the details associated with that Service.
Cancellations
Except where rights are already contracted for separately in an underlying Order Form or other agreement with NEXTKOURT to the contrary, NEXTKOURT may offer a right to cancel your Order Form or other subscription rights associated with any service levels, refunds, etc.; however, all of those specifically bargained terms will be set forth in the User’s Order Form entered into with NEXTKOURT.
Refunds
As stated previously, any fees and charges paid by you are final and non-refundable. If you have any requests for cancellations, they are subject to the Cancellations provision set forth above. Any issue with payment and processing is not the responsibility of NEXTKOURT; thus, you are directed to reach out to support@nextkourt.com to resolve any such payment issues. NEXTKOURT does not receive or process any payments.
Promotional Offers
Certain Users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal by NEXTKOURT at any time and without notice.
Registration of User Accounts and Reservations
To commence the process of registering as a User with NEXTKOURT for the purpose of reserving court times and Services the User may accept an invitation sent through the User’s community or venue, or can directly register through NEXTKOURT’s website at nextkourt.com/register.
PRIVACY
Your use of the Site and any information provided by you or gathered by NEXTKOURT or third parties during any visit to or use of the Site is not governed by these Terms of Use, but instead by NEXTKOURT's Privacy Policy found here nextkourt.com/privacy which is incorporated herein to these Terms of Use by this reference. You agree to NEXTKOURT's collection, use and sharing of your information as set forth in the Privacy Policy. By using the Site and Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, address information, credit card information, etc.) is encrypted. No warranties of any kind are provided by NEXTKOURT to guarantee any safe transmission of any data or information.
Links to the Site. NEXTKOURT prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without NEXTKOURT’s prior written consent. Similarly, NEXTKOURT prohibits the running or displaying of this Site or any Contributions or content in frames or through similar means on another website without NEXTKOURT’s prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
Links to Other Sites. NEXTKOURT prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without NEXTKOURT's prior written consent. Similarly, NEXTKOURT prohibits the running or displaying of this Site or any Contributions or content in frames or through similar means on another website without NEXTKOURT's prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations. If you access a link to another site while on the NEXTKOURT Site, NEXTKOURT is not responsible for anything related to that site, and you are subject to that site’s terms, conditions, policies, and privacy rights.
Accounts, Passwords, and Security. Certain features or Services offered on or through the Site may require you to open a User Account (as discussed above). You are entirely responsible for maintaining the confidentiality of the information you hold for your User Account, including your password, and for any and all activity that occurs under your account. You shall notify NEXTKOURT immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by NEXTKOURT or any other user of or visitor to the Site due to someone else using your User Account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's account at any time without the express permission and consent of the holder of that User Account. NEXTKOURT cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
WARRANTIES AND LIABILITY
No Fiduciary Duty. Unless we have signed an underlying written agreement with you that states otherwise, we have no special relationship with, nor any fiduciary duty owed to you. You acknowledge that we have no duty to take any action regarding: how you may interpret or use the Site and any contracted Services, any underlying agreement you enter into with any third-party professional or preferred vendor you engage by virtue of learning of the same from the Periodical or your subscription thereto. NEXTKOURT is not a broker, dealer, attorney, or any other form of fiduciary or professional that represents any User, preferred vendor, or other third-party professional in any transaction arising out of or related to the Site and Services; moreover, NEXTKOURT is not affiliated as a party to any such transaction stemming from the Site.
No Responsibility . You acknowledge that we do not assume any responsibility or liability or make any warranties or guarantees that any Content you access on or through the Site is or will continue to be accurate, safe, or legal. All Content and information is subject to errors, omissions, changes in price, and changes in technology and market conditions. No representation, warranty, covenant, or guarantee is made as to the accuracy of any description of information on this Site. All information should be confirmed by you. NEXTKOURT does not assume and is not liable for any conduct occurring during the performance of the sport or activity Users engage in at any Court.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES AVAILABLE THEREIN ARE AT YOUR SOLE RISK. THE SITE AND SERVICES AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND INFORMATION CONTAINED ON THE SITE AND THE SERVICE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTKOURT, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS: (A) EXPRESSLY DISCLAIM 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; (B) MAKE NO WARRANTY THAT (I) THE SITE AND SERVICES AVAILABLE WILL MEET YOUR REQUIREMENTS OR SPECIFICATIONS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY SERVICE, PROJECT, OR INFORMATION YOU RECEIVE FROM A THIRD-PARTY PROFESSIONAL OR OTHER PREFERRED VENDOR FROM THE PERIODICAL WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT, PERFORMED TO YOUR STANDARDS, OR TIMELY, (IV) THE QUALITY OF THE SITE, ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES (INCLUDING BUT NOT LIMITED TO A USER’S OWN CONTRACT WITH AN INDEPENDENT A THIRD-PARTY PROFESSIONAL OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF CONTENT, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEXTKOURT, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, SHALL NOT BE LIABLE FOR AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE OR OTHER WEB SITE(S) YOU MAY ACCESS THROUGH THE SERVICE (IF ANY), CONTENT, UNTIMELY DELIVERY OF SERVICES (INCLUDING BUT NOT LIMITED TO THE SITE, PERIODICAL, AND SERVICES), LATE DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) ANY INFORMATION OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES; (III) ANY COST OR FEES TO A USER RESULTING FROM ANY ERROR OR INADEQUACY OF ANY A THIRD-PARTY PROFESSIONAL OR OTHER PREFERRED VENDOR FROM THE PERIODICAL OR SERVICES PURCHASED OR OBTAINED THEREFROM, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE AND SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS, CONDUCT OF ANY THIRD PARTY FOR THE SERVICES, OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER; (VI) PRODUCT AND/OR SERVICE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR SERVICE SELECTION, NON-COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION; (VII) DEATH, OR INJURY TO PERSON OR PROPERTY ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SERVICES; (VII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VIII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IX) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER ACTUALLY OR POTENTIALLY HARMFUL CODE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND SERVICES; (X) AN INDEPENDENT PROFESSIONAL’S PRODUCTS OR SERVICE; (XI) YOU SPECIFICALLY ACKNOWLEDGE THAT NEXTKOURT SHALL NOT BE LIABLE FOR (i) ANY CONTRIBUTED USER CONTENT, OR (ii) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (XII) ANY CLAIM ANY THIRD-PARTY PROFESSIONAL OR OTHER PREFERRED VENDOR MAY HAVE AGAINST A USER BY VIRTUE OF USE AND ACCESS TO THE SITE AND SERVICES, SUCH AS THE PERIODICAL; ALL WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEXTKOURT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ALSO AGREE THAT NEXTKOURT, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, WILL NOT BE LIABLE FOR ANY (A) INTERRUPTION OF BUSINESS, (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES OR OTHER SERVICE(S) YOU ACCESS THROUGH THE SITE; (C) CONTENT; (D) NON-DELIVERY, MIS-DELIVERY, UNTIMELY DELIVERY OF SERVICES BETWEEN USERS; (D) CORRUPTION, DESTRUCTION OR OTHER MODIFICATION OF DATA; (E) EVENTS BEYOND COMPANY’S REASONABLE CONTROL; (F) THIRD-PARTY CLAIMS OR ACTIONS; OR (F) ANY CONTRIBUTORY ACTS BY YOU THAT RESULT IN ANY DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL THE LIABILITY OF NEXTKOURT, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, IF ANY, TO YOU OR TO ANY THIRD PARTY EXCEED FIFTY DOLLARS ($50.00). YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE TERMS OR TERMINATION OF YOUR ACCESS TO THE SERVICE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION HAS MATERIALLY INDUCED NEXTKOURT TO ENTER INTO THESE TERMS OF USE WITH THE USER. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEXTKOURT, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, SHALL NOT BE LIABLE FOR ANY CONDUCT THAT OCCURS THROUGH THE SITE AND SERVICES WHERE THE USER USES THE SITE AND SERVICES TO COORDINATE ACTIVITIES WITH ANY THIRD PARTY THAT IS UNAFFILIATED WITH COMPANY (REGARDLESS OF THE CONNECTION), ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification . You shall defend, indemnify, and hold harmless NEXTKOURT, its parent(s), subsidiaries, affiliates, and each of its and their respective employees, contractors, directors, officers, suppliers, agents, licensors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Site, Services, property, listings, Contributions, or otherwise; (ii) violation of these Terms of Use; (iii) breach of any contract, or other agreement you enter into; (iv) your interactions or transactions with any other User; or (vi) infringement by you, or any third party using your account or identity in connection with this Site and Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Further Releases . In addition to any liability waiver and releases (as applicable) You enter into with NEXTKOURT, You hereby release us from all liability for you having acquired or not acquired through the Site or Services. You hereby release NEXTKOURT, and its parent(s), subsidiaries, affiliates, directors, officers, employees, agents, subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers, insurers, investors, attorneys, advisors, and suppliers from all claims, demands, and damages, bodily injuries, injuries to personal property of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to content accessed through the Site or Services, or any interactions with others arising out of or related thereto, and you expressly waive the provisions of any local law.
Termination. NEXTKOURT may terminate your access to all or any part of the Site or Services at any time, with or without cause, with or without notice, and effective immediately, which may result in the forfeiture and destruction of all information associated with any account or membership you established with NEXTKOURT If you wish to terminate your Account, you may do so by following the instructions on the Site and/or by contacting Support at support@nextkourt.com. All provisions of these Terms of Use which by their nature survive termination shall survive termination, including, without limitation, licenses of any content a User provides, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and arbitration. Further, you agree that upon termination NEXTKOURT may delete all files and information related to your account (if any established) and may bar your access to your account (if any) and the Site and Services. Your continued use of any of the Site and Services shall constitute your acceptance of the revised Terms of Use. If you do not agree to any of such changes, you may terminate the Terms of Use here by immediately ceasing all access and use of the Site and Services. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to these Terms of Use.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
ARBITRATION AGREEMENT
By agreeing to these Terms of Use, you agree that you are required to resolve any claim that you may have against NEXTKOURT on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. You and NEXTKOURT are each waiving your right to a trial by jury. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass and/or representative action against NEXTKOURT, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against NEXTKOURT by someone else. Thus, User and NEXTKOURT agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against NEXTKOURT in a single proceeding. For the avoidance of doubt, this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against NEXTKOURT, other than participating in a class-wide, collective, coordinated, consolidated, mass and/or representative settlement of claims.
(a) Agreement to Binding Arbitration Between You and NEXTKOURT.
(1) Covered Disputes: You and NEXTKOURT agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms of Use and prior versions of these Terms of Use, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Site and Services at any time; (iii) incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your use of the Site and Services, regardless whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms of Use, and regardless whether you allege that the personal injury was experienced by you or anyone else; and (iv) your relationship with NEXTKOURT, will be settled by binding individual arbitration between you and NEXTKOURT, and not in a court of law. This Arbitration Agreement survives after your relationship with NEXTKOURT ends.
(2) Class Action Waiver:
(a) Any and all disputes, claims, or controversies between NEXTKOURT and User shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or NEXTKOURT from participating in a classwide, collective, and/or representative settlement of claims.
(b) The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against NEXTKOURT in a single proceeding, except that this Class Action Waiver shall not prevent you or NEXTKOURT from participating in a classwide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or NEXTKOURT. For the avoidance of doubt, this Class Action Waiver includes the waiver of Mass Actions. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or NEXTKOURT are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or NEXTKOURT’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent you or NEXTKOURT from participating in a mass settlement of claims.
b. Dispute Procedure: Notwithstanding any provision to the contrary in the applicable arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) NEXTKOURT and User shall equally split (50-50) and pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute, including if the arbitrator or panel of arbitrators determines that you have violated the Class Action or Mass Action Waiver.
(c) Process.
(i) Pre-Arbitration Dispute Resolution and Notification. The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify NEXTKOURT that you intend to initiate an informal dispute resolution conference, write to NEXTKOURT INC., Attn: Management, csingh@nextkourt.com, providing your name, the telephone number(s) associated with your User Account (if any), the email address(es) associated with your User Account, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
(ii) Initiating Arbitration. In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 2(c). A party initiating an arbitration against NEXTKOURT must send the written demand for arbitration to NEXTKOURT, INC., Attn: Management, csingh@nextkourt.com, or serve the Demand on NEXTKOURT’s registered agent for service of process, c/o NEXTKOURT, INC. (the name and current contact information for the registered agent in each state are available online with Florida’s Department of State). Additionally, a party initiating arbitration against NEXTKOURT must send an electronic version of the demand for arbitration to the Arbitration Provider, and must send an electronic version of the as-filed demand to: support@nextkourt.com.
By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
(d) Location.
Unless you and NEXTKOURT otherwise agree, if you reside in the United States, the arbitration will be conducted in Hillsborough County, Florida. If you do not reside in the United States, the arbitration will be conducted in the county where the dispute arises. Your right to a hearing will be determined by the applicable arbitration provider’s rules. Subject to the applicable arbitration provider’s rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(e) Offers of Judgment.
At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer.
(f) Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the applicable arbitration provider’s rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties.
The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s decision shall be binding only upon the parties to the arbitration that are the subject of the decision.
The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.
(g) Fees.
Each party is responsible to pay any filing, administrative, and arbitrator fees of such party as will be solely as set forth in the applicable arbitration provider’s rules and shall be up to the amount you would be required to pay if you filed a claim in court.
(h) Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms of Use; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
GENERAL PROVISIONS
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of any such relationship you established with NEXTKOURT If any provision(s) of these Terms of Use including without limitation, the warranty disclaimers and liability limitations set forth above, are found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
Governing Law and Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, including its conflicts of law rules, in the United States of America, and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable hereto. Without limiting the arbitration obligations set forth above, you agree to submit to the jurisdiction and venue of the state and Federal courts of Hillsborough County, Florida for the purposes of these Terms of Use. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR US MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
User Disputes. NEXTKOURT reserves the right, without any obligation, to intervene in or monitor disputes between any Site Users. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as we may reasonably request, in connection with any disputes involving you. Although NEXTKOURT may moderate content or disputes in our discretion, NEXTKOURT has no authority to legally bind third parties or force them to resolve complaints or disputes. Any efforts or statements made by NEXTKOURT to intervene in or moderate disputes is superseded by this provision, which may not be modified, waived, or released except by a written agreement, dated and signed by the Managing Partner of NEXTKOURT and dated and signed by the individual or entity to whom the modification, waiver, or release is granted.
Export Control. By using the Services, you represent and warrant that (i) neither you nor any information or content proposed by you or inputted into the Site, if any, is located in a country that is subject to a U.S. Government embargo, U.S. export control and economic sanctions laws and regulations, which prohibit U.S. companies and their affiliates, like NEXTKOURT from engaging in certain transactions with persons from designated countries or that has been designated by the U.S. Government as a “terrorist supporting” country, which may include but is not limited to, Iran, Cuba, North Korea, Sudan and Syria. and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you engaged in any use of the Services, Site, a transaction with NEXTKOURT, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List; or (c) into any country or to any person or entity on any similar lists maintained in any applicable jurisdiction.
Feedback. Your feedback, comments and suggestions for improvements to the Services and our business generally (“Feedback”) are welcome. You may submit Feedback by emailing support@nextkourt.com. You acknowledge and agree that all Feedback is and shall be our sole and exclusive property, and you shall and hereby do assign to us all right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, notwithstanding anything else. You will execute documents and take such further acts as we may reasonably request to effectuate the foregoing ownership and rights.
Modification. NEXTKOURT reserves the right, in its sole discretion, to modify or replace any of these Terms of Use (including, without limitation, NEXTKOURT’s Privacy Policy, for the avoidance of doubt), or change, suspend, limit, or discontinue the Site or Services (including, without limitation, the availability of any feature, database, or content) at any time. If such modification is material, NEXTKOURT will post a notice on the Site or send you notice through the Services, via e-mail, or by another appropriate means of electronic communication. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes.
Government Users. All software, if any, licensed pursuant to these Terms of Use and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other users pursuant to these Terms.
Assignment; Waiver. You may not assign these Terms of Use or any rights granted herein. Any attempt by you to transfer any of the rights, duties or obligations hereunder is void. NEXTKOURT may assign or transfer these Terms of Use or its rights or obligations hereunder without notice and without your prior approval. These Terms of Use are for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. These Terms of Use will inure to the benefit of NEXTKOURT and its successors and assigns. The failure of NEXTKOURT to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Legal Equivalency. These Terms of Use and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
These Terms of Use were last updated in January 19th, 2025.