Terms of Service
Welcome aboard!
To create a force of Next Generation Millionaires around the globe, our vision is to enable you all to be successful. But let us add here our terms so that you may be saved from any disputes.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION THAT REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT ON A CLASS-WIDE OR CONSOLIDATED BASIS.
BY ACCESSING OR USING OUR SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
- Ownership, Who is the owner
Next-Gen Millionaires is a Company that owns this Site. We also own or license the services and products available on this Site, the images, text, information, and other content presented on this Site, and all of the related software and technology (collectively, the “Content”). You may not use this Site or copy, modify, adapt, upload, download, transmit, distribute, display, perform, publish, license, create derivative works from, transfer, sell, decompile, or reverse engineer any of the Content except as expressly permitted by these terms and conditions.
- Copyright and Trademark Notices
All rights on this Site and the Content are reserved to NXGM. If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email and include the following:
A description of the copyrighted work or other intellectual property that you claim has been infringed, including the URL (internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow us to locate the material, and explain why you think an infringement has taken place.
Your address, telephone number, and email address;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf, and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- Use of Site
(General)
YOU REPRESENT AND WARRANT THAT YOU WILL TAKE ALL REASONABLE PRECAUTIONS TO PRESERVE THE CONFIDENTIALITY OF YOUR PERSONAL LOGIN INFORMATION AND TO PREVENT ITS UNAUTHORIZED USE. YOU ACKNOWLEDGE
AND AGREE THAT YOU WILL BE RESPONSIBLE FOR ALL FEES, CHARGES, DUTIES, TAXES, AND OTHER AMOUNTS THAT MAY BE IMPOSED CONCERNING THE USE OF THIS SITE BY YOU OR BY ANY OTHER PERSON USING YOUR PERSONAL LOGIN INFORMATION.
NXGM may at any time, in its exclusive discretion and without notice, terminate, suspend, or restrict your access to this Site or any of its components. In particular, and without limitation, your use of this Site in violation of any of these terms and conditions herein, as determined by NXGM in its sole discretion, may result in the termination of your NXGM membership and/or access to this Site, as well as the taking of any legal action against you. Neither this Site nor portions of this Site may be marketed, copied, published, or transmitted using mechanical or electronic means, directly or indirectly, for commercial or private uses. Posting these materials on another website or within a group of networked computers are not authorized.
Illicit use of this Site or its materials will violate copyright and intellectual property laws, in addition to other laws.
Additionally, Site users and visitors are prohibited from posting offensive or unlawful material, or any material which causes the possibility of civil liability or criminal offense. Site users who use any means to submit a file or other materials to the Site automatically grant NXGM permission to treat those materials as public domain information.
- Age Disclosure and Financial Responsibility
By using the Site, you represent that you are of legal age to create binding obligations for any financial responsibility which you incur while using this Site. You will be held financially responsible for any application of this Site by yourself and any person who uses your login information.
- Account
To access and use certain areas or features of the Services, you may be required to register for an account. If you create an account via our Services, you agree to
(a) provide accurate, current, and complete information;
(b) maintain and promptly update your account information to keep it accurate, current, and complete;
(c) maintain the security of your account and accept all
risks of unauthorized access to your account and the information you provide to us; and
(d) immediately notify us if you discover or otherwise suspect any
security breaches related to your account or the Services.
- Online Access Information Site users are solely responsible for the security of the User ID and Passwords used for their online account access. Users are not authorized to establish or change User IDs or Passwords for accounts that they have not been permitted to administer. Any damages or losses resulting from shared passwords or user IDs, or unauthorized access to another’s account will be the responsibility of the account owners and not NXGM.
- Liquidated Damages for Certain Unauthorized Uses of Site
You acknowledge and agree that it would be extremely difficult to quantify the harm to NXGM arising from your use of the services available on this Site in connection with any commercial enterprise. Accordingly, you agree that you will be liable to NXGM for liquidated damages for $500.00 U.S.D. each time you use any of the Services in connection with a commercial enterprise or for any other use not expressly permitted by these terms and conditions or otherwise authorized in writing by an authorized representative of NXGM.
- Links to Other Sites Portions of this Site may provide hyperlinks, framing, or other “click-thru” access to sites owned and operated by persons other than NXGM, including without limitation access to the back-end financial and
accounting database used by NXGM. The availability of click-through access to
Third-Party Sites is not intended to create or imply any affiliation between
NXGM and the owners or operators of any Third-Party Site, or any sponsorship by
NXGM of any Third-Party Site or its owners or operators. You acknowledge that
these terms and conditions contain no representation, warranty, or endorsement
by us of any Third-Party Site or any of the products, services, information, or
other content available on that site.
Your use of any Third-Party Site will be governed by the terms and conditions posted on that site. Your rights and obligations concerning any of the products, services, information, or other content of that site will be determined by those terms and conditions. The fact that NXGM links to another website do not mean that NXGM endorses that website or guarantees any of its products or
services.
- Terms of Sale
Access to certain materials, videos, and other course content on the Services is made available for purchase (“Premium Services”). Your payment for any access
to any Premium Services is subject to the following terms:
- Price; Payment Plans
The price for any Premium Services will be
made available via the Services at the time of purchase. You may pay for access to the Premium Services in full at the time of your purchase or according to any installment payment plan that we make available.
- Installment Payment Plans
If you select an installment payment plan, you hereby grant the Company permission to automatically charge the applicable Premium Services fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed. If you select an installment payment plan,
you agree to keep your designated payment method information, including all
billing information, current, complete, and accurate.
- Valid Payment Methods
Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Premium Services. By submitting your order to purchase access to our Premium Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or canceled automatically. You must resolve any problem we, or our designated payment processors, encounter to proceed with your order.
- Refunds
Next-Gen Millionaires maintains a no-refund policy unless the product is advertised as having a “15-day” refund. (“Refund Policy”) For up to 15 days after the date and time you purchased an annual membership called “Amazon FBA Services” you may request a refund for the purchase of that product, and a refund will be provided ONLY if you provide a written explanation about why you are requesting a refund. Refunds can only be requested by sending an email to info@thenxgm.com. After 15 days have passed, no refunds will be given for the “Amazon FBA Services”. All other purchases made on the Site are final. If you choose to purchase a subscription package on the Site, you agree that absolutely no refunds, either full or partial, will be issued for any reason. You may cancel any subscription program but you agree that canceling a subscription does not warrant a refund.
Other than in connection with our Refund Policy, all sales are final and we do not offer any cancellations for all products and services except the subscription programs, where you may cancel your membership but no refunds are allowed after 15 days. If you select an installment payment plan, you will be obligated to complete all installment payments until the product has been paid for in its entirety.
- Failure to pay
Failure to pay an installment payment related to any of the Services may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and services for which you have registered. According to our Refund Policy, if your account is
suspended or terminated for a failure to pay, you will not receive any refund
except at our sole discretion and any scheduled automatic renewals will not
occur.
- Errors in Charges
In the event of an error that results in an incorrect charge, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, instead of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method.
- Waiver of Claims; Unauthorized Payments
To the fullest extent permitted by law, you agree to waive all claims against Company related to any unauthorized payments made on or through your account(s) with Company, Company’s third-party payment
processing vendor(s), any applicable third-party providers, and/or any other
person or entity, regardless of whether they are authorized or unauthorized.
However, you may submit a claim of the unauthorized payment to the Company, and
The company will undertake a reasonable investigation as it sees fit under the
circumstances and, if Company deems appropriate, assist in correcting the
alleged unauthorized payment, provided that such claim (“Unauthorized Payment
Claim”) is received by Company within fifteen (15) days of the subject charge
or payment.” For each Unauthorized Payment Claim, please state “Claim Concerning Unauthorized Payment” in the e-mail or letter subject line, and clearly state the following in the body: the date and approximate time of the subject transaction; the services rendered or to be tendered under the subject transaction;
iii. the total monetary amount of the subject transaction; whether the subject transaction was made on or through the Site; whether the subject transaction was made on or through the App and, if so, the version of the App; the parties to the subject transaction, including buyer and seller; a detailed explanation for why you believe the charge or payment made under the subject transaction is unauthorized; the monetary amount of the subject transaction you
believe is subject to a refund; your name, street address, city, state, zip
code, and e-mail address; and whether you prefer to receive a response to your request by mail or e-mail. If you send an Unauthorized Payment Claim by mail, then please do so by Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery, and tracking.
The company will not accept an Unauthorized Payment Claim via telephone or facsimile. The company is not responsible for any Unauthorized Payment Claim that is incomplete, incorrectly labeled, incorrectly sent, or untimely.
- Accurate Payment Information
You represent and warrant to Company that any payment information you provide on or through the Site and/or the App is current, complete, and accurate; and that you will promptly notify Company if your payment information has changed (such as a change in address or expiration date), if your payment the method has been canceled, or if you become aware of a breach of security
- Taxes
You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees if they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
- Automatic Renewal Terms
Certain Services of NXGM are ongoing subscriptions (“Subscriptions”). By
enrolling in a Subscription program, you agree that a Subscription fee will be
billed at the price you agreed to when subscribing to the payment you provide for the then-current Subscription period on a recurring basis until you cancel.
If you do not wish for your account to be renewed automatically, or if you want to
change or cancel your Subscription, please email us at info@thenxgm.com.
You must cancel within 15 days of your last payment in order to not be charged
for the next installment. When you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your Subscription will not be renewed thereafter. You won’t, however, be eligible for a prorated refund of any portion of the subscription fee paid for the then-current
Subscription period.
- Confidential Information; Non-Disclosure
You acknowledge that certain content, videos, and other materials on or made available via the Services constitute the Confidential Information of the Company. “Confidential Information” refers to certain information that is marked as “Confidential” or “Proprietary” that we reasonably regard as proprietary or confidential relating to our courses, business, products, processes, and techniques, including without limitation information relating to our trade secrets, business plans, strategies, methods and/or practices that are not generally known to the public and are disclosed to you pursuant to your express agreement to maintain the confidentiality of the Confidential Information.
Except as expressly allowed herein, you agree to hold in confidence and not disclose any such Confidential Information except in accordance with this Agreement.
The foregoing obligations shall not apply to the extent that Confidential Information:
(i) must be disclosed to comply with any requirement of law or order of a court or administrative body;
(ii) is known to or in your or our possession prior to receiving the disclosure of such Confidential Information as documented by notes or records;
(iii) is known or generally available to the public through
no act or omission of you or us in breach of this Agreement; or (iv) is made available free of any legal restriction by a third party. The duties and requirements under this section shall survive termination of this Agreement.
You hereby agree that any unauthorized disclosure of Company’s Confidential Information may cause immediate and irreparable injury to Company and that, in the event of such breach, Company will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.
- Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Company or the Services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking website does not contain any illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of the Company to link to the Site without the express written permission of the Company. Further, you may not use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information, including the images found within the Services, the content of any text, or the layout/design of any page or form contained within the Services, without Company’s express written consent. Except as expressly stated in these Terms, you have not conveyed any right or license by implication, estoppel, or otherwise in or under any intellectual property right of the Company or any third party.
- User Content and Submissions
With respect to any design, idea, concept, suggestion, or other information you communicate to NXGM, electronically, telephonically, in writing, or otherwise, you automatically, and without further action, grant to NXGM a royalty-free,
perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, display, distribute, transmit, transfer, modify, adapt, perform, license, sell, create derivative works from, decompile, disassemble, and reverse engineer that Submission, or any part of that Submission, in whole or in part, for any purpose, and in any form, medium, or technology. Further, you acknowledge and agree that Company may, but is not obligated to, enforce its rights in the User Content and Submissions against third-party infringers. You represent and warrant that you own and control all of the rights, title, and interest in and to any User Content or Submissions you provide or you otherwise have all necessary rights to grant the rights to Company that you grant in these Terms.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services any User Content that: is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive,
inflammatory, fraudulent, or otherwise objectionable;
would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; displays describe or encourage usage of any product we sell in a manner that could be offensive, inappropriate, or harmful to the Company or any user; may violate the publicity, privacy, or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
makes false or misleading statements, claims, or depictions about a person, company, product, or service;
does not clearly and prominently disclose any material connections you may have to Company or a third-party brand or seller (for example, if you receive free products or services or are a paid blogger or employee of Company or such third-party brand or seller); may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party; impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
contains viruses, malware of any kind, corrupted data, or other harmful, disruptive, or destructive files or code; and in the sole judgment of Company, restricts or inhibits any other person from using or enjoying the Services or which may expose Company or its users to any harm or liability of any type.
The company takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the Terms is solely at our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable
expectation or promise that the Services will not contain any content that is
prohibited by these Terms.
Although Company has no obligation to screen, edit or monitor any of the User Content posted on the Services, the Company reserves the right and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
- Prohibited Activities and Specific Prohibited Behavior
In addition to other restrictions within these Terms, NXGM expressly prohibits the following conduct or acts on all websites, and online mediums controlled or owned by NXGM, in all forums controlled or owned by NXGM.
Furthermore, this conduct may result in the termination of your NXGM
membership and/or access to this Site, as well as the taking of any and all
legal action against you.
- Prohibited activities include: the impersonation of any person or entity;
any act that infringes or otherwise violates the intellectual property, privacy, or
publicity rights of any person or entity (including, without limitation, the
copyrights, trademarks, patents, and trade secrets held by Company or its
licensors with respect to the Site); the reproduction of the Site or any data or content found thereon or therein, in whole or in part, or the creation of any
derivatives works of the foregoing (unless expressly authorized by the Company
herein);
the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive);
the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent;
the publication of any machine, computer, or randomly-generated content;
supplying or publishing any information or statements to or through the Site that is false, misleading, deceptive, or incorrect;
any act that is critical, negative, disrespectful, hostile, or threatening;
any act that solicits legal action, or attempts to solicit other individuals to take legal action;
any act that constitutes a commercial activity;
any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications;
the systematic retrieval or copying of any information or content found on or through the Site, or any servers which may host the Site to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory;
the use of any software, program, process, device,
application, or routine (including, by way of example only, robots, scrapers,
spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage,
injure, interfere with, or impermissibly access, in whole or in part, the Site,
any servers which may host the Site, or any data or content found thereon or
therein;
any act that involves or concerns decrypting, security
bypassing or circumventing, hacking, data mining, data scraping, data
harvesting, reverse engineering, decompiling, disassembling, attempting to
derive source code, modifying, copying, or the like in relation to the Site, or
any servers which may host the Site;
any act that overloads, unreasonably disrupts, or
unreasonably interferes with the infrastructure of the Site, the App, or any
servers that may host the Site;
any act that gains or attempts to gain unauthorized
access to computer systems, networks, information, or materials through the
The site, or any servers which may host the Site or the App; or
any other act that the Company becomes aware of and believes
in good faith is improper, illegal, or harmful to the Site, the Company, or any
servers which may host the Site, any person or entity, or the property of any
person or entity.
- Specifically prohibited behavior
Additionally, the User to abide by the following rules:
Do not Facebook chat, Skype chat, or email our experts directly or the Next Gen Millionaires coaches or staff with coaching questions unless you have paid for Premium Services that include that service.
Do not use any Facebook group controlled by NXGM as a feeder or pool from which to build a separate Facebook group or any other online community that offers the same or similar services, paid or unpaid. (Doing so will result in immediate removal from all Facebook groups, cancellation of your account without refund, and legal action)
Do not post links to other coaching programs or links leading to competitors to Next Gen Millionaires. (Doing so will result in immediate removal from all Facebook groups, cancellation of your account without refund, and legal action)
- Privacy Policy
By use of the Site, you are agreeing that
you have read NXGM’s privacy policy, the terms of which are expressly
incorporated herein, and have agreed with it. You consent to the use of your
personally identifiable information by NXGM and/or its third-party providers and
distributors in accordance with the terms of and for the purposes set forth in
the privacy policy.
- Limitation of Liability
NXGM and all of NXGM’s subcontractors, freelancers, vendors, outsources, partners, developers, and designers working on behalf of or for NXGM cannot control and will not be liable for the defamatory or otherwise illegal behavior of linked websites, or other internet users.
If, notwithstanding the foregoing, NXGM or any third-party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this Site or its Content, as described herein, the liability of NXGM and the third-party providers and distributors shall in no event exceed $100.00 U.S.D.
- Indemnification
By your use of the Site, you agree to indemnify NXGM as well as its subcontractors, freelancers, vendors, partners, affiliates, developers, designers, third-party providers and distributors and their officers, directors, employees, and agents from and against any claim, cause of action or demand, arising from your use of the Site, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties.
- Governing Law, Jurisdiction, Venue
These terms and conditions will be governed by and construed in accordance with the laws of the State of, without giving effect to the principles of conflicts of law. In the event of a dispute arising out of or in connection with or with respect to these terms and conditions, any breach of these terms and conditions, and/or
use of this Site, you hereby irrevocably agree that such dispute shall be resolved by binding arbitration by a single arbitrator in accordance to the rules of Thenxgm. The award rendered thereon by the arbitrator shall be final and binding on the parties thereto.
- No Class Action
You and NXGM agree that any dispute arising out of or related to these Terms or the Services is personal to you and Company and that such dispute will be resolved solely through individual arbitration and will not be brought as a class
arbitration, class action, or any other type of representative proceeding. You
and Company agree that there will be no class arbitration or arbitration in
which an individual attempts to resolve a dispute as a representative of
another individual or group of individuals. Further, you and Company 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.
- Additional Rights and Restrictions
(1) You may not
assign, transfer, subcontract, or delegate any of your rights, duties, or
obligations under these terms and conditions. (2) NXGM reserves all rights
relating to this Site or the Content not expressly granted to NXGM by these
terms and conditions. (3) If any provision of these terms and conditions is
determined to be invalid or unenforceable, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and will not affect the
validity or enforceability of any of the remaining provisions of these terms and
conditions. (4) No waiver by NXGM of any provision hereof, and no failure by NXGM to exercise any of its rights or remedies hereunder, will be deemed to
constitute a waiver of such provision, right, or remedy in the future, or of
any other provision, right, or remedy hereunder, unless such waiver is set
forth in a written instrument signed by the Chief Executive Officer of NXGM. (5)
NXGM may at any time, in its exclusive discretion and without notice, make
additions, deletions, or other modifications to, or suspend or terminate access
to, this Site or any other Content. (6) The headings used in these terms and
conditions are for convenience only and will in no way affect the scope or
construction of any provision hereof.
- Modification and Acceptance of Terms and Conditions
You acknowledge that your use of this Site constitutes your acceptance of and agreement to abide by these terms and conditions. These terms and conditions may be modified by NXGM at any time, without prior notice, upon posting of the entire amended and restated terms and conditions on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications.
- Entire Agreement
These terms and conditions, as modified from time to time by NXGM and accepted by you in accordance with the provisions of the preceding paragraph, constitute the entire agreement between you and NXGMwith respect to your use of this Site and the Content. In any proceeding to settle a dispute between you and NXGM regarding your use of this Site or the Content or regarding these terms and conditions, as modified, if applicable, a printed version of these terms and conditions, as modified, if applicable, and of any electronic notice given by us to you, will be admissible to the same extent as other documents and communications originally generated or maintained in printed form.
