Next Generation ACO Coalition Terms of Use

Effective Date: December 21, 2018

The Next Generation ACO Coalition (“Next Gen Coalition” “we”, “our” or “us”) operates and maintains the Next Gen Coalition website located at www.nextgencoalition.org (the “Site”).  These Terms of Use (the “Terms”) govern your access to and use of the Site and all content therein. Please read the entirety of these Terms carefully because they constitute a legal agreement between Next Gen Coalition and you.

NOTE THAT SECTION 12 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SITE, YOU AGREE THAT:

  • YOU HAVE READ AND UNDERSTAND THESE TERMS;
  • YOU WILL COMPLY WITH THESE TERMS; AND
  • YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.

IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH HEREIN, YOU MAY NOT ACCESS OR USE THE SITE.

  1. Privacy.
    Our Privacy Policy [https://nextgencoalition.org/privacy/] describes how we collect and use the information that you submit in connection with your use of the Site. Please review our Privacy Policy carefully before submitting your information to us. Your use of the Site is subject to the practices disclosed in our Privacy Policy. We reserve the right to modify our privacy policy from time to time.
  2. Eligibility.
    The Site is not targeted toward or intended for use by anyone under the age of 18. By using the Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site, (d) do not have more than one Account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
  3. Accounts, Account Security and Communication Preferences.
    You may need to register for an Account (“Account”) to access some or all of our Site. By creating an Account, you agree to (a) provide accurate, current and complete Account information, (b) maintain and promptly update, as necessary, your Account information, (c) maintain the security of your Account credentials, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to your Account.

    As part of activating your Account, you are required to provide us with a valid email address and to update this address if you change your email account. By creating an Account, you also consent to receive electronic communications from Next Gen Coalition (e.g., via email, text message, or by posting notices to the Site). These communications may include operational notices about your Account (e.g., password changes and other business information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

  4. Reservation of Rights.
    We may modify, suspend, or discontinue any aspect of the Site at any time without prior notice. You agree that we shall not be liable to your or any third party for any modification, suspension, or discontinuance of any feature or component of the Site. In addition, we reserve the right, at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) restrict, limit, suspend or terminate your access to the Site; (2) monitor any user’s use of the Site to verify compliance with these Terms and/or any applicable law; (3) investigate any suspected or alleged misuse of the Site and cooperate with law enforcement and/or third-parties in such investigation; and (4) disclose information about any user’s use of the Site in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
  5. Proprietary Rights.
    Next Gen Coalition hereby grants you a limited, non-exclusive, non-transferable right to access and use the Site solely for your personal, non-commercial use. All original content, materials, features and functionality (including, without limitation, text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) (the “Content”) are owned by Next Gen Coalition and/or its licensors and may be protected by U.S. and foreign copyright, trademark and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use the Site and Content solely for your personal, non-commercial use; provided, however, that such license does not include any right to (a) sell or resell our Site and the Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Site and the Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Site and the Content other than for their intended purposes. Except for this limited licenses granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any unauthorized use, reproduction or distribution of the Site or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties.

    All trademarks, trade names and logos appearing on or through the Site are owned by us or licensed by us. The “Next Generation Coalition” name and logo and all other Next Gen Coalition names, marks, logos and other identifiers are trademarks and service marks of Next Gen Coalition. Names, marks, logos and other identifiers of third parties, including third party health care providers, are trademarks and service marks of their respective owners. You may not use or display any Next Gen Coalition trademarks, trade names, or logos without our prior written permission. We reserve all rights.

    If you choose to provide us with any comments, suggestions, ideas or other feedback (“User Feedback”), you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.

  6. User Supplied Material.
    Our Site may allow you to upload, store and share content, including messages, text and other materials (collectively, “User Content“). Except for the license you grant below, as between you and Next Gen Coalition, you retain all rights in and to your User Content. You hereby grant Next Gen Coalition a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you.

    If you supply or transmit any User Content via the Site, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Any User Content posted publicly or sent privately is the sole responsibility of the person who submitted it. Although Next Gen Coalition reserves the right to review or remove all User Content on the Site, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Site.

  7. Appropriate Use of the Site.
    You agree to use the Site in accordance with all applicable local, state and federal laws, treaties and regulations. You will not violate any contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Site.  In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Site:

    • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
    • Use or attempt to use another user’s Account without authorization from that user and Next Gen Coalition;
    • Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Site or any Content;
    • Reverse engineer, deconstruct, disassemble, or decompile any software or technology underling the Site or provided through the Site;
    • Distribute, modify, reproduce, or use, in whole or in part, any content of the Site without the prior written consent of Next Gen Coalition;
    • Remove, conceal, alter, or otherwise tamper with any copyright, author/source attribution, trademark, or other legal notices that appear on the Site or in any Site content;
    • Interfere in anyway with the operation of the Site or any server, network, or system associated with the Site, including without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning, or testing the vulnerability of the Site or any server, network, or system associated with the Site; breaching or circumventing firewall, encryption, security, or authentication routines, or accessing data or information not intended for you;
    • Use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any sever, network or system associated with the Site, or to extract, collect, harvest, or gather content from the Site; or
    • Make any other use of the Site that violates these Terms or any applicable law.

    You may also only upload or otherwise share User Content that you have all necessary rights to disclose. You may not upload, store or share any User Content that:

    • is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
    • would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
    • may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
    • impersonates, or misrepresents your affiliation with, any person or entity;
    • contains any private or personal information of a third party without such third party’s consent;
    • contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
    • is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Site, or that may expose Next Gen Coalition or others to any harm or liability of any type.
  8. Warranty Disclaimer.
    THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED OR AVAILABLE THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, NEXT GEN COALITION EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, AND NON-INFRINGEMENT.

    Without limiting the foregoing disclaimer, you understand that Next Gen Coalition makes no warranty and expressly disclaims all warranties (i) with respect to the accuracy, completeness, currency, or reliability of the Site, its content; (ii) that the Site will meet your requirements and expectations; (iii) that operation of the Site will be uninterrupted, virus-free, or error free; or (iv) that any errors in the Site can or will be corrected. No advice or information obtained through the Site, whether oral or written, will create any warranty not expressly made herein. You expressly acknowledge and agree that use of the Site is at your sole risk and that the entire risk as to satisfactory, quality, performance, accuracy, and effort is with you.

    Some states may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. But, to the extent permitted by applicable law, we exclude all warranties.

  9. Limitation of Liability.
    Your use of the Site is at your own risk. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXT GEN COALITION OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS (COLLECTIVELY, “NEXT GEN COALITION PARTIES”) BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR SIMILAR DAMAGE) ARISING OUT OF OR RELATING IN ANYWAY TO YOUR USE OF THE SITE OR ANY CONTENT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, SITE CONTENT OR INFORMATION, IS TO STOP USING THE SITE.

    YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Next Gen Coalition would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

  10. Release.
    To the fullest extent permitted by applicable law, you release Next Gen Coalition and the other Next Gen Coalition Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
  11. Indemnification.
    You will indemnify, defend, and hold harmless the Next Gen Coalition Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

    1. your access to or use of the Site, and/or the Content;
    2. your User Content and/or User Feedback;
    3. your violation of any of the provisions of these Terms;
    4. any activity related to your registration by you or any other person accessing the Site through your Account, including, without limitation, negligent or wrongful conduct;
    5. your conduct in connection with our Site; or
    6. your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

    Next Gen Coalition reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  12. Dispute Resolution.
    PLEASE READ THE FOLLOWING SECTIONS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NEXT GEN COALITION AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

    1. Waiver of Right to Pursue Class Action Claims.
      YOU AGREE TO ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND WAIVE ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND NEXT GEN COALITION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OF CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OF PROCEEDING. Further, you and Next Gen Coalition agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
    2. Limitation on Time to Bring an Action.
      You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred.
    3. Agreement to Arbitrate Claims; Waiver of Jury Trial.
      By agreeing to these Terms, both you and Next Gen Coalition are waiving the right to a jury trial on any disputes that may arise.

      Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of  Section 7 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Next Gen Coalition agree to arbitrate all disputes between you and us. If a Dispute arises between you and us relating to the Site or these Terms, you and we agree that the Dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations (“AAA Rules”).

      You and Next Gen Coalition agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Next Gen Coalition shall be sent by certified mail or courier to 500 North Capitol, NW, Washington, DC 20001. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3, and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Next Gen Coalition cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Next Gen Coalition may, as appropriate and in accordance with this section, commence an arbitration proceeding or, to the extent specifically provided for in this section, file a claim in court.

      You and we agree to the following rules relating to any arbitration proceeding:

      1. You and Next Gen Coalition waive any right to bring such claims before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.
      2. The venue for all Disputes arising under these Terms shall be in Washington, DC, but you and we may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum.
      3. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator also does not have the power to vary the class action waiver provisions.
      4. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
      5. These Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
      6. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
      7. Barring extraordinary circumstances, the arbitrator will issue a decision within 120 days from the date the arbitrator is appointed, which may be extended 30 days in the interests of justice.
      8. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
      9. The award of the arbitrator will be in writing and will not include any statement setting forth the reasons for the disposition of any claim.

      Either you or we may seek an injunction at any time from any court of competent jurisdiction as necessary to protect the rights or property of you or us pending the completion of arbitration.

      Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Next Gen Coalition will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Next Gen Coalition for all fees associated with the arbitration that Next Gen Coalition paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.

      If any term, clause or provision of this section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

    4. Governing Law.
      You and Next Gen Coalition agree that these Terms and any Dispute between you and Next Gen Coalition relating to your use of the Site will be governed by and construed in accordance with the laws of Washington, DC, without regard to its conflict-of-laws provisions. YOU AND NEXT GEN COALITION EACH IRREVOCABLY AGREES THAT ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION OR CANNOT BE HEARD IN SMALL CLAIMS COURT, SHALL BE RESOLVED ON AN INDIVIDUAL BASIS EXCLUSIVELY IN THE FEDERAL OR STATE COURTS LOCATED IN WASHINGTON, DC. You and Next Gen Coalition each irrevocably consents to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and Next Gen Coalition agree that Next Gen Coalition may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
  13. Termination.
    Either you or we may terminate our relationship at any time, with or without cause. In addition, we may deactivate, terminate or suspend your account at any time: (i) if we, in our sole discretion, determine that you are or have been in violation of these Terms; (ii) if we, in our sole discretion, determine that you have created risk or possible legal exposure to Next Gen Coalition; (iii) in response to requests by law enforcement or other government agencies; (iv) upon discontinuance of material modification of the Site; or (v) due to unexpected technical issues or problems. We may also stop providing the Site, or create limits on use of the Site (in each case, whether specifically to you or generally). Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
  14. Digital Millennium Copyright Act Compliance.
    We have a policy of limiting access to our Site and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Site infringes any copyright that you own or control, you may notify Next Gen Coalition’s Designated Agent as follows:

    Designated Agent: Mara McDermott
    Address: 500 North Capitol NW
    Email: mara@nextgenacocoalition.org
    Telephone: 202.204.1462
    Fax: 202.379.1490

    Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  15. Note to International Users.
    Our Site is intended for individuals located in the United States. Next Gen Coalition makes no representation that the content, information, and other materials available on the Site are appropriate or available for use in locations outside of the United States. Accessing the Site from territories where such content, information or other materials are illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws.
  16. Linked Services.
    We do not control and are not responsible for websites and services provided by third parties, even if linked to or accessed through the Site (each, a “Linked Service”). The inclusion of a link does not imply endorsement by Next Gen Coalition of the Linked Service or any association with the operators of the Linked Service. Next Gen Coalition provides links to Linked Services for your convenience only, and Next Gen Coalition does not investigate, verify, or monitor Linked Services. You access Linked Services at your own risk and subject to the terms and conditions of use, privacy policies, and other legal provisions applicable to the Linked Services.
  17. Changes to these Terms.
    We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Site. Your continued use of our Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the top of these Terms.
  18. Miscellaneous.
    1. These Terms contain the entire understanding by and between Next Gen Coalition and you with respect to the matters contained herein.
    2. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us.
    3. Except as described in Section 17, these Terms may not be amended unless in writing and signed by you and us.
    4. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
    5. Nothing contained in these Terms will be deemed to constitute Next Gen Coalition or you as the agent or representative of the other or as joint venturers or partners.
    6. These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.
    7. You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable.
    8. A printed version of these Terms and of any related notice given in electronic form shall be admissible in arbitral, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    9. You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that we may send you notice through the Site.
    10. Headings and captions are for convenience only.
  19. Contact Us.
    If you have any questions about the Site or these Terms, please contact us at: mara@nextgencoalition.org.