Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

www.NextAgency.com and any related sites (collectively the “Sites”) are straightforward. Basically, Take 44, Inc. (the company that publishes the Sites and the NextAgency platform) uses the Sites to deliver information about NextAgency and other offerings to you, post various tutorials, documents and other materials and link to sites where you can sign-up for our services or products and services provided by third parties. All pretty simple, right?

Well, we live in litigious times. We publish this Terms and Conditions of Use Agreement (the “Agreement”) so if we make a mistake, we can still continue as a company. Which means if you use this site, you, the user, accept that you are going to comply with and be bound by the terms of this Agreement.

Not that perusing legal documents is a popular activity, but you really should read this whole Agreement. After reviewing the following terms and conditions thoroughly, if you do not agree to them, you should not use this site. Using any of the Sites demonstrates your approval of this Agreement.

Please note that the use of the NextAgency software is subject to a Terms of Service, which is different than this document.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Agreement with respect to the Sites. This Agreement constitutes the entire and only agreement between us and you concerning the Sites and their content and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Sites, and their content. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Sites, and you should review this Agreement prior to using the Sites.

Copyright

The content, organization, graphics, design, and other matters related to the Sites are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copyright holder may be us, Take 44, Inc. or third-parties. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Sites is strictly prohibited without the express prior written permission of the copyright owner.

Deleting and Modification

We reserve the right, in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Sites, including this Agreement.

Indemnification

You agree to indemnify, defend and hold Take 44, Inc. our officers, our shareholders, our partners, attorneys, independent contractors and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Sites.

Disclaimer

THE CONTENT AND SERVICES, FROM OR LISTED THROUGH THE SITES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITES AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THESE SITEs AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITES ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THESE SITES OR ANY WEBSITE WITH WHICH IT IS LINKED.

Limits

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Sites.

Non-Binding Descriptions

The Sites summarize information concerning the wonderfulness, features, benefits, components, modules, and other elements of the NextAgency platform and its various components, including, but not limited to, NextAgency and NextMarket. It is not a controlling document and does not supersede the most current versions of licensing agreements and other contracts, warranties, mutual responsibilities and other documents describing or relating to the NextAgency platform. All information on the Sites are subject to change without notice. In other words: 1) the Sites are as accurate as possible; 2) but if the Sites provide wrong information we apologize; however 3) that wrong information is not binding.

Privacy

Your privacy rights while using the Sites are subject to the terms of the Privacy Statement in-force at the time of your use. Please read the most current Privacy Statement for the Sites and, if you do not agree with its terms, do not use these Sites. Please note, this Privacy Statement refers to the Sites. The NextAgency Platform is subject to a separate Policy Policy.

Third-Party Website

All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions expressed in such third-party websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Sites does not imply approval or endorsement of the linked websites by us. Our Sites and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Sites and access these third-party linked sites, you do so at your own risk.

Third-Party Products and Services

To the extent we advertise or link to third-party websites on our Sites from which you may purchase or otherwise obtain certain goods, offering or services, you understand that we do not operate or control those goods, offerings or services. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions you enter into with third-party linked websites although they may pay us a referral fee or some other compensation for helping you find them. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.

Submissions

All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

General

You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site by you through such use, shall be litigated in the circuit court of Ventura County, California. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Ventura, California is an inconvenient forum or an improper forum based on lack of venue. The Sites covered by this Agreement are controlled by Take 44, Inc. You and we agree that the laws of Texas will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.

So that’s our terms and conditions of use. Basically it boils down to “use this site at your own risk.” While we try to be as accurate as possible, we’re human and make mistakes. We are not promising to be right 100% of the time and you can’t sue us when and if we are wrong or make a mistake. Further, nothing on these Sites is controlling when it comes to the NextAgency platform or its components. The controlling documents are the Take 44 Privacy Policy, Take 44 Terms of Services, and other documents in-force at the time you purchase the NextAgency platform.

If after all this if you are still interested in using this Site subject to the terms of this Agreement, welcome. If not, we understand and do not take you not using the site personally.