Terms of Service of Next Gen HQ’s Momentum Platform

Disclaimer: This page outlines outlines the details on Terms of Services of the software usage and engagement of Next Gen HQ’s engagement as a primary partner to colleges and enterprises in delivering the Momentum Membership (referred to as the Platform). All terms of service concerns can be emailed to momentumteam@nextgenhq.com

Overview

We at Next Gen HQ truly value data security and privacy. We take cybersecurity extremely seriously and it is in our best interest that users of the digital learning platform feel comfortable to 1. Use and 2. Engage in our platform. Since the platform is a collaboration effort across different universities and enterprises, we support cross-campus communication and engagement. Hence, we are not responsible for data breaches through university partners but merely take responsibility for login concerns as well as community standard communication enforcements on our platform. Please email us with any questions or feedback via momentumteam@nextgenhq.com.

This platform is operated by Next Gen HQ. Throughout the site, the terms “we”, “us” and “our” refer to Next Gen HQ. Next Gen HQ offers this website, including all information, tools and services available from this site to you (“Services”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You may use this Service solely for the purposes specified in this Terms of Service or otherwise permitted by us, and such use is not only subject to this Terms of Service but all applicable laws, rules and regulations.

In addition, you agree not to use our Service or website in any way not consistent with the purposes specified in this Terms of Service or any applicable laws, rules or regulations. We may terminate your access to our Service at any time without notice if:

  • Your use of our Services in any respect inappropriate, defamatory, abusive, obscene, profane or offensive;
  • Your use of our Services violates any party’s right, including the privacy right or intellectual property rights;
  • Your use of our Services constitute a prohibited acts which is as set forth in this Terms of Service;
  • Your use of our Services is unlawful in any respect, or constitutes a breach of this Terms of Services or our Privacy Policy.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site or provide any notice concerning the updates. You agree that it is your responsibility to monitor changes to our site.

If you are requested to provide any information with us so as to in furtherance of your access to or use of our Services, you should ensure the completeness and accuracy of such information and promptly notify us if the information so provided with us requires any modification or update. 
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. 

We reserve the right to modify or discontinue the Service at any time (or any part or content thereof) without prior notice. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 - PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to limit, cease or terminate the availability of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order, request or service (hereby referred to as order) you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all memberships made on our website or in connection with our Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. From time to time, we may request information from you for purposes that include, without limitations, (i) account restoring, (ii) maintenance of the operation of our website or Services, or (iii) identity verification. If you do not wish to provide the information that we seek pursuant to such purposes, our Services might be impaired or might cease to be available due to the lack of additional information.

You are responsible for maintaining the security of your own account with adequate security measures, such as preventing the username and password of your account from being compromised or monitoring unusual activity of your account. You are also responsible for all activities or actions relating to or associated with your account. If there is any losses, damages, liability and expenses incurred by us or a third party due to any unauthorized use of your account, you should be solely liable for such losses, damages, liability and expenses.
SECTION 6 - PROPRIETARY RIGHTS; INTELLECTUAL PROPERTY RIGHTS AND LICENSE
We retain all rights, title and interest in the Services and our website. In addition, anything that we offer in connection with the Services, such as text, photographs, illustrations, codes, patches, software, application programming interface, audio and video clips, names, logos, trademarks and any and all information, materials, related or underlying technology as well as modifications, enhancements or derivative works of the foregoing are our property, in which we retain any and all intellectual property rights and proprietary rights.

In connection with your use of our Services, you agree to grant to us a worldwide, royalty-free, limited license to access, use, process, copy, export or modify the information that you provide with us for the following purposes: (i) to offer the Services and maintain the operation thereof; (ii) to address technical or security issues; (iii) to investigate a complaint or claim relating to the breach of this Terms of Service; (iv) to comply with a valid legal subpoena, request or other legitimate proceedings; and (v) any other use of the information as consented by you.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that such third-party tools are made available on ”as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services (as well as existing features and/or services) shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties, including, without limitations, links to other websites not maintained by or affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable, in any respect, for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, to which this Terms of Service is also applicable. Please read our Privacy Policy carefully as the policy contains important rights that you may exercise in connection with the information that you provide with us or your use of our Services.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that:
(i) your use of our service will be uninterrupted, timely, secure or error-free; or
(ii) the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may suspend the Services for indefinite periods of time or cease or terminate the Service at any time, either whole or in part, without a prior notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Next Gen HQ, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitations, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured through or in connection with the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Next Gen HQ and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, damages, obligations liabilities, losses, reasonable expenses or costs as a result of any third party claim arising from (i) your violation of this Terms of Service, our Privacy Policy or any applicable law; (ii) your use of our Services or our website; or (iii) any information provided by you that infringes a third party’s rights or results in any harm to other parties.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
Your obligations and liabilities incurred prior to the cessation or termination of the availability of our Services shall survive the termination for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we reasonably determine that you have failed, to comply with any term or provision of these Terms of Service, our Privacy Policy or any applicable law, we also may cease offering our Services and website at any time without notice, and you will remain liable for all amounts due up to and including the date of cessation.
SECTION 17 - MISCELLANEOUS
You understand and agree that no failure or delay in exercising any right under this Terms of Service will constitute a waiver of that right. No waiver under this Terms of Service will be effective unless such waiver is made in writing and signed by the party granting the waiver. These Terms of Service and any policies or operating rules posted by us on this site or in respect to this Terms of Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

You agree that (i) any ambiguities in the interpretation of these Terms of Service shall be construed in favor of the drafting party, and (ii) the rights and obligations under this Terms of Service are not assignable or delegable. You may assign or delegate only when we expressly consent to such assignment or delegation in writing. Any assignment not authorized under this Section 17 shall be null and void. Notwithstanding the foregoing, we may assign or delegate our rights or obligations or transfer ownership rights and title in the Services to a third party without your consent or a prior notice to you. 
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at momentumteam@nextgenhq.com
SECTION 21 - FERPA
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students." The rights described herein are as follows:
  • Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
  • Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
  • Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
    -School officials with legitimate educational interest;
    -Other schools to which a student is transferring;
    -Specified officials for audit or evaluation purposes;
    -Appropriate parties in connection with financial aid to a student;
    -Organizations conducting certain studies for or on behalf of the school;
    -Accrediting organizations;
    -To comply with a judicial order or lawfully issued subpoena;
    -Appropriate officials in cases of health and safety emergencies; and
    -State and local authorities, within a juvenile justice system, pursuant to specific State law.
Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

Although Next Gen HQ does not require the access to student records (including educational records and educational performance), health records (PHI/HIPAA), financial information (including credit card information), social security numbers, we still require members to waive their FERPA rights when accessing our Services. The FERPA waiver are set forth as below: 

FERPA WAIVER
By signing on to our website or using our Services, a student automatically waives their FERPA rights. This is simply to ensure that Next Gen HQ has full transparency on the true reflection of a student and their university work. The community managers are less likely going to fully engage with the student and support them in everything they do without a FERPA rights waiver. As a person of contact, the community manager from Next Gen HQ as well as the support email momentumteam@nextgenhq.com will be the primary contact points in case a student as any questions in their  FERPA rights waiver and has any follow-up action that Next Gen HQ can help with.