Terms of Use

Site Terms of Use

Acceptance of Contract Terms

The following are terms of a legal agreement between you and NextClient.com, Inc. (hereinafter referred to as "NextClient"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by NextClient from its offices within the United States. NextClient makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the State of California.

Use Restrictions

The copyright in all material provided on this Site is held by NextClient or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of NextClient or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without NextClient's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL NEXTCLIENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF NEXTCLIENT OR A NEXTCLIENT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Our Transmissions

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by NextClient or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to NextClient will be handled in accordance with NextClient's Online Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Intellectual Property Notice

Unless otherwise noted, NextClient is the copyright owner of all text, graphic images, and layout contained in the materials and services provided. No material from may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. NEXTCLIENT®, WEB CONTENT FOR LAWYERS™, WEB NEWS FOR LAWYERS™, LAWNEWS E-MAIL MANAGER™, CONTENT DELIVERY SYSTEM™, PRACTICES MADE PERFECT™, WHAT DOES YOUR WEBSITE SAY ABOUT YOUR PRACTICE?™, CUSTOM WEBEXPRESS™ and any other trademarks and service marks that may be referred to are the property of NextClient, and may not be copied or distributed, in whole or in part, without the express written consent of NextClient.

Term of Use Revisions

NextClient may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore visit this page periodically to determine the then current Terms of Use to which you are bound.

Acceptable Use and Service Guidelines

These NextClient Acceptable Use Guidelines ("Usage Guidelines") describe the proper kinds of conduct and prohibited uses of NextClient's hosting services (the "Services"), as described and subscribed to pursuant to the Hosting Agreement posted at www.customwebexpress.com (the "Hosting Agreement"). These Usage Guidelines are not exhaustive and NextClient reserves the right to modify these Usage Guidelines at any time, effective upon posting of the modified Usage Guidelines to www.customwebexpress.com. By registering for and using the Services, and thereby accepting the terms and conditions of the Hosting Agreement, you agree to abide by these Usage Guidelines as modified from time to time. Any violation of these Usage Guidelines may result in the suspension or termination of your account or such other action as NextClient deems appropriate, which is described further in the Hosting Agreement.

1. YOUR GENERAL RESPONSIBILITIES

The Services enable you to develop and display a Website through which you can interact with users of the Internet and retrieve and send vast amounts of information. Generally, NextClient will not actively monitor, censor, or directly control any content that is or will be displayed on your Website(s) or information that you collect or use through your Website(s), other than Web Content for Lawyers™ newsletter service. NextClient, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of NextClient as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, NextClient expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals.

VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM NEXTCLIENT ACCORDING TO THE HOSTING AGREEMENT. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS NEXTCLIENT'S POLICY TO TERMINATE REPEAT INFRINGERS.

2. ILLEGAL OR HARMFUL USE

You may use the Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these Usage Guidelines is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct are prohibited. NextClient reserves the rights to restrict or prohibit any and all uses of the Services or content on your Website(s) and to remove such materials from its servers, that NextClient determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other NextClient customers, or any third party.

Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.

Offensive Materials. Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Export Violations. Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.

Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation, use of credit card numbers.

Compliance With Local Regulations Regarding Attorney Advertising. Certain jurisdictions consider a website to be a form of advertising that requires prior approval. We suggest that you contact your Bar Association to ensure compliance with local regulations regarding websites as a form of advertising. Another useful resource may be found at www.legalethics.com, a website which outlines various State Bar Association policies on this issue.

3. SYSTEM AND NETWORK SECURITY AND INTEGRITY

Violations of NextClient's or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. NextClient may investigate incidents involving such violations. NextClient may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:

Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.

Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.

Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or via the Internet.

Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.

Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.

Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.

4. E-MAIL

You may not distribute, publish, or send any of the following types of e-mail:

Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.

Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.

Harassing e-mail, whether through language, frequency, or size of messages.

Chain letters.

Malicious e-mail, including without limitation "mailbombing" (flooding a user or Website with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).

E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

In addition, you may not use NextClient's mail server or another Website's mail server to relay mail without the express permission of the account holder or the Website. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.

5. 99.0% UPTIME GUARANTEE

(a) Coverage

These NextClient Acceptable Use And Service Guidelines apply to you if you have subscribed to a Custom WebExpress website (the "Service") and you are in good financial standing with NextClient.

(b) Service Level

NextClient endeavors to have the content of your Website available for http access by third parties 99.0% of the time ("Website Availability").

(c) Credits

In the event that there is no Website Availability, NextClient will credit the following month's service fee as set forth below. Such credit will be retroactive and will be as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.

Customer Website Availability Credit

95% to 99.0% 25%

90% to 94.9% 50%

89.9% or below 100%

In order for you to receive a credit on your account, you must request such credit within ten (10) business days after you experienced no Website Availability. You must request credit by sending an electronic mail message to customersupport@nextclient.com. For security, the body of this message must contain your account number, the dates and times of the unavailability of your Website, and such other customer identification requested by NextClient. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account will be your sole and exclusive remedy in the event that there is no Website Availability.

(d) Restrictions

Credits will not be provided to you in the event that you have no Website Availability resulting from (i) scheduled maintenance as posted from time to time at NextClient.com, (ii) your behavior or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond NextClient's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Website.

6. NOTICE OF CLAIM OF COPYRIGHT INFRINGEMENT

NextClient services permit subscribers to host and make available content over the Internet. Although NextClient does not affirmatively screen subscriber content, NextClient does not tolerate infringing material on its equipment, and may remove content that appears to infringe any copyright or other intellectual property rights.

If you believe that your copyright in any material has been infringed on a site hosted on NextClient's equipment or through its services, please send a "DMCA Notice" described below to NextClient's Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512 et seq.

Federal law requires your DMCA Notice to include the following information:

• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;
• Your address, telephone number, and e-mail address;
• A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
• Your physical or electronic signature.

NextClient's Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:

Karen E. Sugihara, General Counsel
NextClient.com, Inc.
1010 N. Central Avenue
Glendale, CA 91202
Telephone: (818) 550-8989
Facsimile: (818) 550-8980

Or by e-mail to: ksugihara@nextclient.com

Please note that NextClient, in its sole discretion, may terminate the account of any subscriber about whom NextClient receives more than one complaint of copyright infringement.

Counter notification to Claimed Copyright Infringement

If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Designated Agent. The counter notification must provide the following information:

• Physical or electronic signature of the subscriber;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• The subscribers name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

If you have any questions about this policy, please contact NextClient at ksugihara@nextclient.com.

Privacy Policy

The policies below are applicable to customwebexpress.com and other sites on the World Wide Web owned by NextClient.com, Inc.

I. General

NextClient respects the privacy of every individual who visits our Websites, responds to our interactive advertisements or sends us e-mail. This Privacy Statement outlines the information NextClient will collect and how we will use that information. This Statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit NextClient Websites, respond to our Web-based advertisements or send us email.

II. Security

All order forms on customwebexpress.com utilize a Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) protocol to provide "secure sessions" for our visitors. Through the "secure session," information that you input into a customwebexpress.com order form will be sent and will arrive privately and unaltered at a NextClient server. This security prohibits other companies and Web users from being able to access your information.

III. Personally-Identifiable Information

NextClient will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.

The following are some examples of when NextClient may require that you provide personally-identifiable information:

• to complete an online order for a product or service (if you do not wish to complete an online order form, we will always provide an option for you to complete an order by calling a toll free phone number)
• to enter an online contest or sweepstakes (if you do not wish to complete an online contest or sweepstakes form, we will always provide an option for you to enter by mailing a 3 x 5 card to a specific address)
• to request more information about new or current NextClient products or services

If you do not want your personally-identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Statement. We will use reasonable efforts to delete your information from our existing files.

When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise:

• we may store and process that information to better understand all customer needs and how we can improve our products and services for all customers
• we may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest
• we may contact you if we have questions about your account

NextClient will not sell personally-identifiable information to third parties, unless stated at the time of collection. We may share information with business partners. We are committed to giving you the choice whether or not we use your information for marketing purposes or share information with business partners.

IV. Children

NextClient has no intention of collecting any personally-identifiable information (such as name, address, telephone number, or email address) from individuals under 18 years of age. Where appropriate, NextClient will specifically instruct children not to submit such information on our Websites or advertisements without consent of a parent or guardian. If a child has provided us with personally-identifiable information without the consent of a parent or guardian, a parent or guardian of that child should contact us at the email address listed at the bottom of this Statement if they would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our existing files.

V. Non-Personally-Identifiable Information Collected Automatically

In some cases, we may collect information about you that is not personally-identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using, and the domain name of the Website and/or Internet Service Provider from which you linked to our site or advertisement.

Similar to personally identifiable information, we will not sell non-personally-identifiable information to third parties, unless stated at the time of collection. We may share non-personally identifiable information with business partners.

VI. Use of Cookies

When you view one of our Websites or advertisements, we may store some information on your computer. This information will be in the form of a "Cookie" or similar file and will be used to determine ways to improve our Websites, advertisements, products or services. For example, Cookies allow us to tailor a Website to better match your interests and preferences. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. Please refer to your Browser instructions or help screen to learn more about these functions.

VII. Declining Email Offers

As outlined in Section III of this Statement, we will only send email promotions or announcements to you if you have previously provided your permission for us to do so via the ordering process or via our Email subscription center. Although many customers tell us they appreciate receiving notice of these carefully designed promotions and announcements, we recognize the importance of providing you with choices. If you have signed up via our subscription center, you may unsubscribe by filling out our simple online unsubscription form. If you are an existing customer that opted in to receive notices from NextClient and would like to be opted out from future notifications, please see section VIII for contact information.

VIII. Who to Contact

If you have submitted personally-identifiable information through a NextClient Website or interactive advertisement, and would like that information deleted from our records, please contact us at our email address, customersupport@nextclient.com. We will use reasonable efforts to delete this information from our existing files.

SUBSCRIPTION AGREEMENT

The following subscription agreement and NextClient's Acceptable Use and Service Guidelines govern your use of NextClient services, including Custom WebExpress™, Web Content for Lawyers™, Web News for Lawyers™ and the materials available therein.

LICENSE FOR LIMITED USE OF WEBSITE

Upon subscription to a Custom WebExpress website, you will be granted a nontransferable, limited license to update, use, and maintain that website. You acknowledge that NextClient retains all rights to the website design. All imagery and fonts used in our website designs are royalty-free and are the integral part of our products. Limited usage license gives you the right to use images and fonts only as a part of the particular website you subscribe to. Separate usage or distribution is prohibited.

The license to view, update or access your Custom WebExpress website ceases upon the non-renewal or cancellation of your subscription. All Custom WebExpress websites are hosted by NextClient, and are hosted on NextClient's servers.

You are authorized to make necessary modifications to the particular website you subscribe to in order to suit your purposes, subject to NextClient's Acceptable Use and Service Guidelines. Removing or altering the copyright notice of NextClient as it appears on such website is expressly prohibited.

During your subscription to a website, that particular website design shall be licensed exclusively to you and may not be resold by either you or NextClient. In the event that your subscription to a website is terminated for any reason, NextClient retains the right to resell the website design at their discretion.

You may utilize up to one hundred (100) website pages, up to a maximum of one hundred (100) megabytes, on your website. You may transfer up to two (2) gigabytes of content or information to your website on a monthly basis.

EXCHANGING WEBSITE DESIGNS

You are permitted to exchange your design choice for another Custom WebExpress design choice at any time. One design exchange within the first thirty (30) days of subscribing will be free of charge. Design exchanges made after thirty (30) days of subscribing, or more than one design exchange within the first thirty (30) days of subscribing will be charged at the rate of $99.00 per design exchange and will be billed in the month in which the design exchange occurs.

LICENSE TO USE NEWSLETTER AND NEWSLINKS

You are granted a nonexclusive, nontransferable, limited license to access and utilize on your website the online services and materials made available to you by NextClient. This license includes the right to electronically display materials received from NextClient on your website only as delivered by Custom WebExpress or NextClient. Cutting and pasting Custom WebExpress or NextClient material for display in any website is expressly prohibited.

NextClient's Web Content for Lawyers ™ service refreshes material on a weekly basis. Due to the random nature of the article selection process, the same article may appear more than once on your website or may be appearing or have appeared on other subscribers' websites.

You are permitted to print your e-newsletter, only in its entirety, for distribution to your clients and contacts. Printed copies may not be published, sold or distributed for commercial purposes. Printed copies must clearly bear the copyright notice of NextClient.com, Inc. You are expressly prohibited from removing or altering the copyright notice of NextClient as it appears on the newsletter.

NextClient and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from current-event news links. NextClient and its suppliers do not authorize the use of such news links for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. NextClient does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in Web Content for Lawyers ™ or its related news links is intended to constitute professional advice, including but not limited to, investment or tax advice.

E-MAIL ACCOUNTS

Subscription to a Standard Package website includes up to fifteen (15) e-mail accounts free of charge. Subscription to a Premium Package website includes up to twenty-five (25) e-mail accounts free of charge. Additional e-mail accounts are available upon request at an additional charge. Up to ten (10) megabytes per e-mail account is permitted.

Use of e-mail accounts is subject to Section 4 of NextClient's Acceptable Use and Service Guidelines governing the use of e-mail. Please review these guidelines carefully.

UNAUTHORIZED USE, ASSIGNABILITY AND OWNERSHIP

Except as specifically provided herein, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using any products, services or materials retrieved from NextClient. You may not publish, broadcast, sell or otherwise redistribute these products, services or materials for commercial purposes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or any way, exploit, in whole or in part, any of the products, services or materials, except for modifications to the particular website you subscribe to in order to suit your purposes.

Archiving of NextClient material may only be done for the purposes of complying with advertising rules as set forth by State Bar requirements. Archived NextClient materials may not be printed for distribution or posted electronically, or published in any medium. You must obtain the consent NextClient to reproduce these materials by photocopying, electronic transmission, or otherwise in any way or form not specified in this Subscription Agreement.

All rights, title and interest (including all copyrights and other intellectual property rights) in the products, materials and services provided (in print or machine-readable forms) belong to NextClient. You acquire no proprietary interest in the products, services, materials, or copies thereof.

ACCESS TO SERVICES

Only individuals authorized by NextClient may access and use the online services provided by NextClient.

NextClient requires that you disclose every URL address on which the products, materials and services will appear.

Products, materials and features may be added to or withdrawn from the online services and the online services may otherwise be changed without notice.

TERMINATING YOUR SUBSCRIPTION

NextClient reserves the right to change this subscription agreement from time to time. Charges and payment terms may be changed in accordance with the applicable price schedule. All other provisions may be changed by NextClient immediately upon notice. Continued use of the services and materials following any change constitutes acceptance of the change.

NextClient may suspend or discontinue providing services and materials to you without notice and may pursue any remedy legally available if you fail to comply with any of your obligations hereunder.

You may terminate a monthly subscription to the products, services and materials by providing notice to NextClient in writing or by e-mail. Notice of the intent to terminate must be received by the 15th of the month preceding the month of termination. Notice of the intent to terminate received after the 15th of the month will be processed for termination the following month, with actual termination effective the month following. Set-up fees and yearly subscriptions are not refundable in whole or in part unless technical difficulties arise to the extent that service cannot be established.

If the credit card on which you have requested billing expires, exceeds your maximum limit of credit, or is rejected by the card issuer for any reason, NextClient will notify you by e-mail and will attempt to process the transaction within a reasonable period of time. If the charge is rejected by the card issuer again, you will receive notice by e-mail and may provide information and authorization to charge another credit card, or speak to customer support about an alternative method of payment.

Except as otherwise provided herein, all notices and communications hereunder shall be in writing or displayed electronically. Notices shall be deemed to have been properly given on the date deposited in the U.S. mail, if mailed; or on the date first made available, if displayed electronically. Notices to NextClient must be sent to:

NextClient.com, Inc.
Attn: Customer Support
1010 N. Central Avenue
Glendale, CA 91202
Telephone: (818) 550-8989
Facsimile: (818) 550-8980

Or by e-mail to: customersupport@nextclient.com

LIMITED WARRANTY

The products, services and materials provided by NextClient are provided "as is" and without warranties of any kind, either express or implied. NextClient disclaims all warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

NextClient does not represent or warrant that any of the information and resources presented on its web pages, its subscribers' websites, or on the internet generally, will be uninterrupted or error free, that defects will be corrected, or that the services and materials provided or the server from which it is accessed are free from viruses or other harmful components.

LIMITATION OF LIABILITY

In no event shall NextClient be liable for any costs or direct, indirect, special, incidental or consequential damages arising out of or in connection with the use of, or the inability to use the materials and services. In no event NextClient's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for subscription.

Although great care has been taken to provide accurate and current information, it is the user's responsibility to evaluate the accuracy, completeness and usefulness of the information provided. All information contained in the materials and services is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting, real estate, financial or other professional advice or opinions on specific facts or matters and accordingly assume no liability whatsoever in connection with its use. A legal, tax, or other professional advisor should be consulted with respect to the user's personal situation.

NextClient makes no representations or warranties about the accuracy or completeness of this information contained in the materials and services. Any links provided to other server sites are offered as a matter of convenience and in no way are meant to imply that NextClient endorses, sponsors, promotes or is affiliated with the owners in those sites, or endorses any information contained on those sites, unless expressly stated.

MISCELLANEOUS

The failure of NextClient to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or the right to enforce it at a later time.

The subscribing organization or individual may not assign its rights or delegate its duties under this agreement to access the materials and services without the prior written consent of NextClient.

This agreement shall be governed by the laws of the State of California. In the event that an action at law or in equity should arise, you hereby consent and agree that such action may be filed only in the state and federal courts located in the County of Los Angeles, in the State of California, and you hereby consent to personal jurisdiction of such courts for the purposes of adjudicating any such action. If any provision (or portion thereof) of these terms and conditions shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provision shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of this agreement (including, without limitation, each portion of these terms and conditions containing any provision held to be invalid, void, or otherwise unenforceable that is not itself invalid, void, or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void, or unenforceable.

The foregoing terms shall survive any termination of your right to access to the services, products and materials.