Effective Date: November 1, 2022
This Terms of Use (the “Terms” or “Agreement”) constitutes a binding agreement between you (“you” or “client”), and Nextory, LLC (“myNextory, we”, "us", and "our") with respect to your use of myNextory’s website (“Site”) and our related mobile application (the “App”), including all information, products and services promoted there in. myNextory provides the Site and App as a unique centralized network for individuals to find the career options that fit their skills, passions, and working needs. myNextory uses technology, expertise, research, and proprietary information and materials to help people align passion and purpose to help navigate their careers through changes, new starts, and transitions. This includes providing tailored career options, role specific deep dives, insider tips to interviews, access to industry experts, and career insights for the future.
The Site and App may also be provided as a portal to review, select, and purchase products and services from myNextory. The Site and App offer an on-line technology platform and access to and use myNextory’s programs, information, services, and products, including an extensive network related to the Site and App.
myNextory may also provide customers, clients, and others with an on-line platform via a myNextory account. This Site and the App provide you with access to and use of myNextory programs, information, services, and products, including the opportunity to purchase certain products or other services (collectively, with the App, the “Services”). Before you continue using the Site, the Services, or any of the myNextory products or services, it is important that you review the Terms.
The Services and the Site are owned and operated by myNextory. Except as permitted under this Agreement, copying, storing, displaying, reproducing, distributing, selling, licensing, sublicensing, publishing, or creating derivative works of any programs, content or materials on the Site or available through the Services are expressly prohibited without the prior written permission from myNextory. All programs, images, media, and content created by myNextory (“Content”) are the sole property of myNextory. myNextory retains ownership and licensing rights to all Content.
By entering and using the Site or Services, you accept these Terms and agree to be bound by them. Acceptance of these Terms creates a binding contract between you and myNextory that you will use the Services only in a manner consistent with these Terms. Your use of the Site and the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Site or Services. Specific pages on the Site or features of the Services may set out additional terms and conditions which, in addition to these Terms, shall be binding upon you with respect to those pages or features. In the case of inconsistencies between these Terms and information included in other materials which are not agreements (for example, promotional materials and mailers), these Terms will control with respect to the Site and Services. We require that you be 18 years or older to use the Site or Services; if you are under 18 years old, you should not access or use the Site or Services.
The myNextory Privacy Policy (the “Privacy Policy”)is located below. The terms and conditions of the Privacy Policy are incorporated into and considered part of these Terms as if fully set forth herein. We take privacy seriously, and our Privacy Policy complies with all applicable laws.
Inventions, features, and services within myNextory products may be the subject matter of future patents. Such subject matter is confidential and protected by the Uniform Trade Secrets Act.
The following are some of the trademarks of myNextory: myNextory and Nextory, LLC. myNextory’s trademarks may be registered in the United States and other countries. myNextory reserves all rights with respect to its trademarks, service marks, logos, trade names, trade dress and other indicia (“Marks”). myNextory does not routinely accept or review specific requests for guidance on the use of its Marks. Any unauthorized use of any myNextory-owned Mark, or any use of a mark that is confusingly similar to, or likely to cause confusion with, a myNextory-owned Mark, would constitute infringement of myNextory’s exclusive trademark rights. All trademarks, service marks, and trade names are proprietary to myNextory and may not be exploited without the express permission of the owner of such marks. You may not utilize framing techniques to enclose any trademark, logo, or other materials on the Site and Services or use any meta tags or any other “hidden text” utilizing myNextory’s name or trademarks.
All brand, product, and service names used on the Site or in these Services which identify myNextory or third parties and their products and services are proprietary marks of myNextory and/or the relevant third parties. Nothing in the Terms shall be deemed to confer on any person any license or right on the part of myNextory or any third party with respect to any such image, logo or name.
myNextory’s products, services, videos, content, and related materials (collectively, “Offerings”) are owned by myNextory and/or its licensors, and all rights in such Offerings are reserved by myNextory and/or its licensors. For information regarding permission to use screen displays, media, and other content, please email a request to info@mynextory.com attn: myNextory Admin. in your request, please state the reason(s) why you are requesting the information.
We reserve the right to change these Terms at any time. If we make any material changes to these Terms, we will post the new Terms on the Site and Services and update the effective date set forth above.
This Agreement and the Services provided hereunder shall continue until terminated as provided herein. You agree that myNextory may at any time without notice to you: terminate this Agreement; suspend or terminate the Services or Site; or terminate your account and delete any content stored in your account; and you agree that myNextory may take the foregoing actions for any reason, including if, in myNextory’s sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so, or we may do so without cause.
Upon termination of this Agreement or termination or suspension of the Services, all rights and licenses granted by myNextory to you hereunder shall immediately terminate; however, termination or suspension shall not affect any services which have been agreed to and arranged separate and apart from these Terms of Use.
myNextory grants you a non-exclusive, non-transferable, limited right to access, view, use, display and print information on this Site and the Services, including all the materials provided hereon, for your personal, informational, noncommercial use only. You may not copy, modify, reproduce, create derivative works from, distribute, transmit, license, or sell any content or any portion of this Site or the Services without the prior express written consent of myNextory. myNextory may sometimes grant permission for such use so long as myNextory is properly acknowledged, but the prior express written consent of myNextory is required.
If we provide a function on the Site or Services which permits you to register as a myNextory user, you may be asked to provide a password. If so, you are the only person permitted to use this password to access and use the Services. As you will be responsible for all activities that occur under your password, you are responsible for maintaining the confidentiality of your passwords. You must notify myNextory immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure. We may rely on the authority of anyone using your password, and in no event and under no circumstances shall we be liable for any compromise of the confidentiality of your password or any unauthorized access using your password.
You agree that the information that you provide to us on registration, if any, and at all other times, including all information you provide when using the Services, will be true, accurate, current, and complete. You also agree that you will ensure that this information is always kept accurate and up to date. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account, your correspondence, and your orders, if applicable. You agree that myNextory is free to use any such information without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, modifying, manufacturing, and marketing products and services and modifying or improving the Site and Services.
You agree that you will not:
use the Site or Services:
use the Site or Services:
to create, produce, or distribute any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, malicious, fraudulent, misleading, abusive, harmful to any person or property, false, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
to create, produce, or distribute any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to myNextory; or
to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
interfere with, harm or disrupt (or attempt to interfere with or disrupt) the Site or Services or servers or networks connected to the Site or Services, or disobey any laws, requirements, procedures, policies or regulations governing access to or use of the Site or Services or networks connected to the Site or Services;
access or attempt to access any information, documents, or material that you are not authorized to access; or
use any robot, spider, or other such programmatic or automatic device to obtain information from the Site or Services or otherwise monitor or copy any portion of the Site or Services;
THE SERVICES, THE SITE, THE MYNEXTORY CONTENT, AND ALL OTHER MYNEXTORY PRODUCTS AND SERVICES ARE PROVIDED BY US “AS IS” WITHOUT ANY OTHER WARRANTIES WHATSOEVER. ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, MYNEXTORY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ITS SERVICES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
THE MYNEXTORY CONTENT AND PROGRAMS, AND ALL OTHER INFORMATION ON THIS SITE AND SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL CAREER GUIDANCE OR THE SERVICES OF AN EMPLOYMENT AGENT. YOUR USE OF THE SITE OR SERVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT CREATE AN AGENT-CLIENT RELATIONSHIP WITH MYNEXTORY OR ITS ADVISORS. MYNEXTORY DOES NOT GUARANTEE THE ACCURACY OF ANY OF THE CONTENT ON THIS SITE OR SERVICES, AND YOUR RELIANCE OR USE OF THE CONTENT IS AT YOUR OWN SOLE RISK.
SUBMITTED CONTENT DISCLAIMER. YOU MAY BE EXPOSED TO SUBMITTED CONTENT AND OTHER THIRD-PARTY CONTENT (“SUBMITTED CONTENT”) THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. MYNEXTORY DOES NOT ENDORSE ANY SUBMITTED CONTENT OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL MYNEXTORY BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH THE SUBMITTED CONTENT, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY SUBMITTED CONTENT, FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY SUBMITTED CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMITTED CONTENT. YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY SUBMITTED CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, USEFULNESS, LEGALITY OF SUCH CONTENT OR ACCURATE IDENTIFICATION OF THE AUTHOR (AND/ OR THEIR AFFILIATION WITH ANY THIRD-PARTY).
SUBMISSIONS. MYNEXTORY IS PLEASED TO HEAR FROM YOU AND WELCOMES YOUR COMMENTS REGARDING MYNEXTORY’S PROGRAMS AND SERVICES. IF YOU SEND COMMENTS, SUGGESTIONS, IDEAS, FEEDBACK, NOTES OR CONCEPTS OR OTHER MATERIALS TO MYNEXTORY(COLLECTIVELY, “SUBMISSIONS”), THEY SHALL BE DEEMED, AND SHALL REMAIN, THE PROPERTY OF MYNEXTORY IS AND SHALL BE UNDER NO OBLIGATION TO: (I) MAINTAIN ANY OF YOUR SUBMISSIONS IN CONFIDENCE; (II) PAY TO YOU ANY COMPENSATION FOR ANY SUBMISSION; OR (III) RESPOND TO ANY OF YOUR SUBMISSIONS.
You agree to indemnify, defend, and hold harmless myNextory, its officers, directors, employees, agents, licensors, suppliers and any third-party service providers to the Site and/or Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of (i) your access to, use or misuse of the Site or Services; (ii) your Submitted Content; (iii) your violation of the rights of any other person or entity; (iv) any unauthorized use of your Account; (v) any breach of these Terms or of any representation, warranty, or covenant you make herein; (vi) your use of the Services or purchase of Products; (vii) your participation in any myNextory program; (viii) your use of third-party content; and (ix) your grant of rights and licenses to myNextory pursuant to these Terms.
You consent to receiving certain electronic communications from myNextory as further described in myNextory’s Privacy Policy. Any notices, agreements, disclosures, or other communications that myNextory sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The rate for any Paid Products or Services, if any, may be set forth in a myNextory proposal, order form, or other document. All rates are generally stated in U.S. dollars and are valid until altered by us. If a Paid Product or Service is mistakenly listed at an incorrect rate, myNextory reserves the right to refuse or cancel any orders placed for the Paid Product or Service listed at the incorrect rate. myNextory reserves the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, myNextory shall issue a credit to your credit card account in the amount of the incorrect rate. Risk of loss and title to any products that you may purchase from us passes to you upon our delivery of such products to the carrier.
If you have any comments or questions about these Terms, the Site or our Services, please contact us at info@mynextory.com.