Website Terms of Use

Date Created: October 4, 2022
Last Modified: May 8, 2026

Acceptance of the Terms of Use

These Website Terms of Use ("Terms of Use") govern your access to and use of the content, functionality, and services offered on or through the nextSource website located at www.nextsource.com (the "Website"). The Website is provided by nextSource, Inc. ("nextSource," Company," "we," or "us").

Please read these Terms of Use carefully before you start to access or use the Website or any of the services offered on the Website, communicate with us through the Website, or access or use any other features provided on the Website (collectively the “Services”).

By accessing and using the Website and its Services, or by clicking to accept or agree to the Terms of Use if this option is made available to you, you acknowledge that you have read, understand, accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, available at Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or participate in or access or use the Services.

The Website is only directed towards and intended to be accessed and used by users who are residents of the United States and at least 18 years of age (the age of majority in the user’s jurisdiction) and who are able to enter into an enforceable agreement with the Company. If you are not a legal adult in your jurisdiction, are not a resident of the United States, or are not able to enter into an enforceable agreement with the Company, this Website is not directed towards or intended for you, and you are not authorized to use the Website and must cease all further access to and use of the Website. By using the Website, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or use or engage with any of its Services.

THESE TERMS OF USE REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, WAIVER OF JURY TRIALS, AND INCLUDE A CLASS ACTION WAIVER. THESE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE BETWEEN YOU AND THE COMPANY, INCLUDING YOUR RIGHT TO A JURY TRIAL.

Any conflict arising between these Terms of Use and our Privacy Policy shall be resolved by the Privacy Policy taking precedence with respect to the subject matter in question.

Table of Contents
Changes to the Terms of Use
User Responsibilities and Use of Website and Services
Prohibited Uses of the Website and Services
Accessing the Website and Account Security
No Reliance on Information Posted
Information About You and Your Visits to the Website
Other Terms and Conditions May Apply
Our Monitoring and Enforcement of the Website
Intellectual Property Rights
Trademarks
Copyright Infringement
Intellectual Property Infringement
Geographic Restrictions
Linking to the Website and Social Media Features
Links from the Website
Disclaimer of Warranties
Limitations of Liability
Indemnification
Dispute Resolution and Arbitratiom
Limitation on Time to File Claims
Miscellaneous Terms
Your Comments and Concerns

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and participation in the Services thereafter. We also retain the option, but not the obligation, to email you when these Terms of Use are updated.

Your continued use of the Website or participation in the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

User Responsibilities and Use of the Website and Services

All users are responsible for making any arrangements necessary or desirable to access the Website, including, but not limited to ensuring access to internet services or wireless data services. You are responsible for ensuring that anyone using the Website using your internet or wireless data services is aware of and complies with these Terms of Use.

The Company grants you a limited, fully-revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Website and Services solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.

You agree not to record, download, or otherwise copy any materials on the Website, including, but not limited to, any of the materials provided as part of the Services, or any other videos, pictures, logos, graphics, catalogs, good specifications, or other resources offered on the Website, unless we explicitly grant you permission to do so (such as by providing a link to download the particular material, subject to the restrictions set forth herein).

You also agree not reverse engineer or break into the Website, or use any of our materials, goods, or Services in violation of any law. Your use of this Website is at the sole discretion of the Company, and the Company may terminate your use of this Website at any time and for any or no reason.

Prohibited Uses of the Website and Services

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of goods, data, or software to or from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company or any of its affiliates, an employee of the Company or any of its affiliates, another user, or any other person or entity that is not you (including, without limitation, by using email addresses, usernames, contact information, or account credentials associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by the Company in our sole discretion, may harm the Company or users of the Website or Services, or expose the Company, Website users, or any third party to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website or Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, spyware, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, cloud storage, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Accessing the Website and Account Security

We reserve the right to revise or disable this Website, and any Services or material we provide on or through the Website, in our sole discretion at any time without notice to you. We will not be liable if, for any reason all or any part of the Website or our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Services, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms of Use and the Privacy Policy.

To access the Website or some of the resources it offers, you may be asked to provide certain information, including information that identifies you. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete, including when contracting us or otherwise participating in the Services. You agree that all information you provide in connection with your access to and/or use of the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures (your "User Credentials"), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your User Credentials or other security information. You agree to notify us immediately of any unauthorized access to or use of your User Credentials or any other breach of security related to the Website or the Services provided through the Website. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your User Credentials or other personal information.

It is our policy, to disable and/or terminate any user's access to the Website if the user repeatedly violates these Terms of Use or our Privacy Policy. In addition, we reserve the right to disable and/or terminate any user's access to the Website, including disabling or deleting any User Credentials at any time for any reason.

We expressly reserve the right to limit and/or deny you access to and use of some or all of the Website and Services in our absolute and sole discretion, for any reason, and for any period of time, including indefinitely.

No Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by our affiliates and licensors. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Website

All information you provide to us or that we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and applicable law.

Other Terms and Conditions May Apply

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Our Monitoring and Enforcement of the Website

We do not and cannot review all information transmitted to or through the Website, but we reserve the right to do so.

We also have the right to, without limitation:

  • Take any action with respect to your access to and use of the Website and Services that we deem necessary or appropriate in our sole discretion, including if we believe your access to and/or use violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, violates our Privacy Policy, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that you have violated their rights, including their intellectual property rights or their right to privacy.
  • Remove any material on the Website at any time, without notice to you, for any or no reason, in our sole discretion.
  • Suspend, terminate, delete, or revoke access to all or part of the Website or Services at any time, for any or no reason, including, without limitation, any violation of these Terms of Use.
  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website or Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website solely for purposes of researching, interacting with, or conducting business with nextSource. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except:

  • To temporarily store copies of such materials on your computer incidental to your accessing and viewing those materials.
  • To store files that are automatically cached by your web browser for display enhancement purposes.
  • To print or download one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution.
  • To take such actions as are enabled by any social media features that we include on the Website.

If we provide you with a link to download certain resources or materials from the Website, then you may do so; however, you are expressly prohibited from further distribution, public performance, or public display of any materials downloaded or otherwise obtained through the Website, regardless of whether we provide you with the ability to download such materials.

You must not:

  • Modify copies of any content or materials from this Website or the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the Website.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website or the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Any permission granted to you by these Terms of Use terminates automatically if you violate these Terms of Use or our Privacy Policy. No right, title, or interest in or to the Website, the Services, or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. The Company expressly reserves all rights in and to its intellectual property, including the right to pursue any and all legal remedies it may have should your breach of these Terms of Use constitute intellectual property infringement under applicable international, federal, and/or state law.

If you wish to make any use of material on the Website other than that set out in this section, or are unsure whether a certain use of material would violate the terms of this section, please address your request to the email address provided in the Your Comments and Concerns section at the end of these Terms of Use.

Trademarks

The Company name, the terms nextSource, Inc., nextSource, "People First", the following logo:

and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

We take claims of copyright infringement very seriously, and we will respond to notice of alleged copyright infringement that comply with applicable law. If you believe that any of the materials on the Website violate your copyright, you may request that we remove those materials (or remove access to them) from the Website by submitting written notification to our copyright agent. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "Copyright Notice") must include the following information:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Copyright Notices should be sent to our Copyright Agent at marketing@nextsource.com. If you fail to comply with the requirements of the DMCA, your Copyright Notice may not be effective. If your Copyright Notice is not effective, we may not respond to your inquiry.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).

Intellectual Property Infringement

If you believe that any materials on the Website violate your or any third party’s intellectual property rights, you may contact the Company using the information provided in the Your Comments and Concerns section below. When doing so, please provide the following information: (1) a clear statement identifying the works or marks that you believe to be infringed, such as copyright, patent, and/or trademark registration/serial numbers and depictions of the same; and (2) sufficient information about the location of the allegedly infringing materials so that we can find and verify their existence and take appropriate action.

Geographic Restrictions

The Company is based in the State of New York in the United States and provides this Website from within the United States. This Website and its Services are only intended for access and use within the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. In addition, you expressly consent to have your data transferred to and processed in the United States.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided for on the Website, and solely for the content with which they are displayed. Subject to the foregoing, you must not:

  • Establish a link from any website that you do not own or control.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, by framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in stopping any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

The Website may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. These links are not express or implied endorsements or approvals by the Company of any goods, services or information available from these websites. If you decide to access any of the third-party websites linked from the Website, you do so entirely at your own risk and subject to the terms, conditions, and policies for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, JUDGMENTS, FEES (INCLUDING REASONABLE ATTORNEYS’ FEES), AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE WEBSITE AND/OR THE SERVICES OR ANY MATERIALS OR INFORMATION OBTAINED OR ACCESSIBLE THEREFROM. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.

Notwithstanding the foregoing, the Company expressly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with our defense of any such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Dispute Resolution and Arbitration

Except as otherwise set forth in these Terms of Use, you hereby agree to resolve any and all past, present, or future claim, controversy, or dispute of any description (each, a “Dispute”) arising as a result of your use of the Website or the Services, solely pursuant to the terms of the sections below.

  • Management Resolution. Disputes shall first be referred to each party or their authorized representatives for discussion and resolution (“Management Resolution”).
  • Arbitration. Should Management Resolution fail to resolve the Dispute, then you agree that the Dispute you have arising out of, relating to, or in connection with your relationship or dealings with the Company (including any of its predecessors, successors, affiliates, subsidiaries, parent companies, agents, employees, representatives, directors, managers, officers, shareholders, assigns, associates, attorneys, distributors, and all other persons acting on their behalf) shall be resolved by final, binding arbitration (“Arbitration”) administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BY AGREEING TO THESE TERMS OF USE, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE. You and the Company agree that the arbitrator selected to resolve the Dispute shall also have exclusive authority to resolve all gateway issues of arbitrability, including without limitation all issues of his/her own jurisdiction; all issues about the formation, interpretation, applicability, validity, or enforceability of this arbitration provision, the Terms of Use, or the Privacy Policy; all issues about what claims or disputes or parties are covered by this arbitration provision; and all substantive or procedural defenses to enforcement of this arbitration provision. You and the Company agree and understand that these methods shall be the sole remedy to resolve any controversy or claim arising from or related to the Dispute, and you and the Company expressly waive the right to file a lawsuit in any civil court against the other party for such Disputes, except to enforce an arbitration decision or to compel arbitration.
  • Location. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the city of New York, New York, United States.
  • Attorneys’ Fees. Under any event of Arbitration, including but not limited to any action to compel, enforce award of Arbitration or seek injunctive relief pursuant to these Terms of Use, the prevailing party shall be entitled to an award of their reasonable attorney’s fees and costs for such proceeding, including any related trial or levels of appeal.
  • Injunctive Relief. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  • Class Action Waiver. Notwithstanding any rule or procedure of the AAA, you and the Company agree that any Dispute filed against each other must be on an individual basis and not as a class or collective action. You agree that the arbitrator shall be restricted to resolving only the Dispute between you and the Company and will not be allowed to conduct any consolidated or class-wide arbitration proceedings involving claims or disputes of other persons. You waive any right to represent others in a class action or to participate as a class member in any class action.

If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York, New York, United States, and you and the Company hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

THE FOREGOING DOES NOT AFFECT ANY STATUTE OF LIMITATIONS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Miscellaneous Terms

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, that are not subject to resolution through binding arbitration, these Terms of Use or the Website shall be instituted exclusively in federal or state courts located in the Southern District of New York or the City of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy, along with any documents incorporated herein by reference, constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and/or Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Website and/or Services.

Your Comments and Concerns

This website is operated by

nextSource, Inc.

1040 Avenue of the Americas

4th Floor / Suite 4C

New York, New York 10018

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: marketing@nextsource.com.