Website Terms of Use

Last Updated: March 4, 2022

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE.

THESE TERMS OF USE DO NOT GOVERN THE PURCHASE OR LICENSING OF THE NEXT STEPS SMALL BUSINESS INCUBATOR PRODUCTS AND SERVICES THAT MAY BE LINKED TO OR FROM THIS SITE OR THAT MAY OTHERWISE BE AVAILABLE FOR PURCHASE FROM THE NEXT STEPS SMALL BUSINESS INCUBATOR. TERMS APPLICABLE TO THE PURCHASE OF PRODUCTS/AND OR SERVICES. (See Terms of Purchase)

You have arrived at an online service location (e.g., web site or mobile app (each, a “Site“)) that is owned and/or operated by NEXT Steps Small Business Incubator Publishing Company (“NSSBI,” “we,” “our” or “us“). These Website Terms of Use (“Terms“) govern your use of any Site that posts a link to these Terms (including both mobile and online versions), and also applies to all features, widgets, plug-ins, applications, content, downloads and/or other services that are owned and controlled by us and that are available through or interact with a Site, and/or that post or link to these Terms (collectively, the “Service(s)“), regardless of how you access or use it, whether via computer, mobile device or otherwise. By using the Service, you acknowledge and accept these Terms, consent to our Privacy Policy, Including the collection and use of your data in accordance therewith, and agree to use this Site in a manner consistent with all applicable laws and regulations. If you do not agree, you must not use the Service.

If you are under the age of majority in your jurisdiction of residence, you may use the Service only with involvement of a parent or guardian who agrees to these Terms and to be responsible for your use.

1. Site Content, Ownership, Limited License, and Reservation of Rights.

Content. The Service contains a variety of: (i) materials and other items relating to NSSBI and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, articles, books, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of NSSBI (collectively, “Trademarks“); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content“).

Ownership. The Service and the Content are owned or controlled by NSSBI and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of NSSBI or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. NSSBI owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

Limited License. Subject to your compliance with these Terms, NSSBI grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use and/or play the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) (“NSSBI Licensed Elements“) on a personal computer, mobile phone or other wireless device, or other Internet enabled device and/or print one copy of the Content for your personal, non-commercial use only, but only for such purposes as may be explicitly stated at the time that the NSSBI Licensed Elements are made available on the Service; but we and our licensors and certain other third parties, as the case may be, retain ownership of such NSSBI Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in NSSBI’s sole discretion, and without advance notice or liability.

Reservation of All Rights Not Granted as to Content and Service. These Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by NSSBI and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

1. RESTRICTIONS AND TERMINATION

Service Use Restrictions. You agree that you will not: (i) use any meta tags or any other “hidden text” utilizing any NSSBI Trademarks or trade names; (ii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to NSSBI; (iii) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (iv) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, NSSBI, or other users of the Service; (v) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or the Content; (vi) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users); (vii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (viii) otherwise violate these Terms.

Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or web site, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of NSSBI or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

Termination of Service and Content. NSSBI may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in NSSBI’s sole discretion, and without advance notice or liability.

1. Procedure For Alleging Copyright Infringement

DMCA Notice. NSSBI will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:

1. 1. a legend or subject line that says: “DMCA Copyright Infringement Notice”;
   2. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
   3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
   4. your full name, address, telephone number, and e-mail address;
   5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
   6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
   7. your electronic or physical signature.

NSSBI will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:

By Mail: NEXT Steps Small Business Incubator Publishing Company, 3104 Briarcliff Road NE, PO Box 29605, Atlanta, GA 30345; Attn: DMCA Agent/Legal

By E-Mail: info@nextstepsyep.org

1. Links By You To the Service

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any trademarked logos or graphics that are owned by or licensed to NSSBI, (b) the links and the content on your web site do not suggest any affiliation with NSSBI or cause any other confusion, and (c) the links and the content on your web site do not portray NSSBI or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to NSSBI. NSSBI reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

1. LINKS TO OTHER WEBSITES:

Third-Party Content and Sites; Advertisements. The Service may contain links to third-party sites that are not owned, controlled or operated by NSSBI, and the Service may also include third-party ads, tools and/or other content that link to third-party sites (collectively, “Third-Party Sites“), including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with NSSBI. We may also host our content, apps and tools on Third-Party Sites. NSSBI may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and NSSBI does not assume any obligation to review any Third-Party Sites. NSSBI does not endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, NSSBI is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, NSSBI will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities in which you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. NSSBI disclaims all liability in connection therewith.

Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites) are solely between you and the third party (including issues related to content, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). NSSBI disclaims all liability in connection therewith.

1. Dispute Resolution

To the fullest extent permitted by applicable law, if any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service, the Content, these Terms, whether heretofore or hereafter arising or to any of NSSBI’s actual or alleged intellectual property rights (collectively, a “Dispute“), then the parties agree that the state or federal courts in DeKalb County, Georgia shall have exclusive jurisdiction of any Dispute, unless otherwise required by applicable laws of your jurisdiction of residence.

Applicable Law: To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Dispute arising out of or in connection with them (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to its conflicts of law provisions.

1. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, NSSBI and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “NSSBI Parties“) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

1. 1. the Service (including the Content);
   2. the functions, features, or any other elements on, or made accessible through, the Service;
   3. any products, services, or instructions offered or referenced at or linked through the Service;
   4. whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
   5. whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
   6. whether any defects to or errors on the Service will be repaired or corrected;
   7. whether your access to the Service will be uninterrupted;
   8. whether the Service will be available at any particular time or location; and
   9. whether your use of the Service is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, NSSBI PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable, and you may have additional rights.

1. LIMITATIONS OF OUR LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY NSSBI PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind including without limitation loss of profits that are directly or indirectly related to:

1. 1. the Service (including the Content);
   2. your use of or inability to use the Service, or the performance of the Service;
   3. any action taken in connection with an investigation by NSSBI Parties or law enforcement authorities regarding your access to or use of the Service;
   4. any action taken in connection with copyright or other intellectual property owners or other rights owners;
   5. any errors or omissions in the Service’s technical operation; or
   6. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if NSSBI Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you, and you may have additional rights.

1. Waiver of Injunctive or Other Equitable Relief

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN YOU AGREE THAT THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND,THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY SUCH RELIEF.

1. Indemnity. You agree to, and you hereby, defend, indemnify, and hold NSSBI Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any NSSBI Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your use of the Service and your activities in connection with the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (iv) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; and (v) any misrepresentation made by you (all of the foregoing, “Claims and Losses“). You will cooperate as fully required by NSSBI Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, NSSBI Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. NSSBI Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a NSSBI Party.
2. Updates to Terms.

These Terms, in the form posted at the time of your use of the Services, shall govern such use. The Terms may be modified and we may cease offering the Service under the Terms for which they were previously offered. Accordingly, each time you use the Service you are entering into a new agreement with us on the then applicable Terms posted on the Site, and your use of the Service after such posting constitutes your agreement to the updated Terms going forward. You can reject any new, revised or additional Terms by discontinuing use of the Service and related services.

1. General Provisions

Severability; Interpretation. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation,”.

Investigations; Cooperation with Law Enforcement; Termination; Survival. NSSBI reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) investigate any information obtained by NSSBI in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms, and (vi) discontinue the Service, in whole or in part, or suspend or terminate your access to it, in whole or in part, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to NSSBI under these Terms. Upon suspension or termination of your access to the Service, or upon notice from NSSBI, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to NSSBI in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction and choice of law.

Assignment. NSSBI may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of NSSBI.

No Waiver. Except as expressly set forth in these Terms, (i) no failure or delay by you or NSSBI in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

U.S. Government Restricted Rights. If you are a U.S. government end user, then this provision applies to you. The Service provided in connection with these Terms has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer site” and/or “commercial computer site documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.

Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.

1. Terms Applicable for Apple iOS.

If you are accessing or using the Service through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms by this reference:

To the extent that you are accessing the Service through an Apple device, you acknowledge that these Terms are entered into between you and NSSBI and, that Apple, Inc. (“Apple“) is not a party to these Terms other than as third-party beneficiary as contemplated below.

1. 1. The license granted to you in Section 1 of these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
   2. You acknowledge that NSSBI, and not Apple, is responsible for providing the Service and Content thereof.
   3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance any support services to you with respect to the Service.
   4. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
   5. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and NSSBI, NSSBI, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
   6. Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
   7. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
   8. When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, web site, technology or service that interacts with the Service.

NSSBI Standard Terms of Purchase

The following NSSBI Standard Terms of Purchase apply to the purchase of all NSSBI Physical Products, Digital Products, Connected Products, Services and Pilots. Additional terms and conditions may pertain to the use of specified platforms or products. In the event that NSSBI is an authorized licensor of any Digital Products owned by third parties, the Terms of Use and Privacy Policies associated with such third-party products may apply.

The Privacy Policy for NSSBI Products governs all NSSBI Products in relation to privacy matters and is incorporated herein.

The NEXT Steps Online Training Academy Learning Management System Terms of Use governs all users access to and use of Products on NSSBI learning platforms and is incorporated herein.

GENERAL TERMS APPLICABLE TO ALL PRODUCTS

1. CONTRACT. The ordering or acceptance of any Products purchased from The NEXT Steps Small Business Incubator or its applicable subsidiaries or affiliates (collectively, “NSSBI“) by any Customer shall constitute an agreement to these standard terms and conditions (the “General Terms“). These General Terms, together with any other applicable terms, as specified below, any terms and conditions published by NSSBI in the applicable NSSBI catalog, the Order Document(s) (if applicable to Customer’s purchase) and/or any other terms and conditions, attachments or exhibits associated with the purchased Products (collectively, the “Terms”) constitute the entire agreement between the parties relating to the subject matter hereof, except for any agreements, amendments, or waivers agreed to in writing by both NSSBI and Customer. Any contrary or inconsistent terms appearing on purchase orders, acknowledgments, or other documents of Customer or oral stipulations shall not be binding on NSSBI.
2. PURCHASE AUTHORIZATION; SOLVENCY. By ordering Products, Customer represents and warrants that it has complied with any and all of its own requirements necessary to authorize the purchase. Customer is solely responsible for all purchase decisions, including ensuring the compatibility and suitability of all Products. Further, by ordering and accepting delivery, Customer represents to NSSBI that Customer is solvent and will make payment in full when due for such Products in accordance with the applicable invoice. In the event that the Customer orders and/or accepts delivery of any Products while insolvent, NSSBI shall have the right to stop shipment of any and all Products en route and Customer shall immediately return all such Products actually received to NSSBI. Events which shall be deemed to establish Customer’s insolvency include, but are not limited to, the filing of a bankruptcy petition by or against Customer and/or Customer’s admission of its inability to pay its debts when due.
3. ACCEPTANCE, PRICES, CANCELLATIONS, AND TERMS. Orders are subject to acceptance and availability. NSSBI’s list prices and other terms shown are subject to change without notice. NSSBI may make changes in quantities, casepacks, specifications, delivery schedules, method of shipment, and packaging, and may cancel or terminate work on any order for its own convenience, in whole or in part, by written or electronic notice at any time. Any changes to orders requested by Customer may be approved or rejected in NSSBI’s sole and absolute discretion. In the event of any errors relating to the pricing or specifications of any Products, NSSBI shall have the right to refuse or cancel any orders in its sole discretion.
4. BILLING AND PAYMENT. All amounts owing from Customer to NSSBI with respect to any Products purchased from NSSBI are subject to timely payment due within thirty (30) days of the date set forth on NSSBI’s invoice. Accounts must be current before subsequent deliveries will be made or Services will be delivered. Customer credit limits may be established and modified by NSSBI in its sole discretion. Past due accounts are subject to a one percent (1%) monthly finance charge. Unless a set-off or deduction is specifically provided for by NSSBI in a valid credit memo, Customer may not charge back to NSSBI or make any set-offs or deductions, including, but not limited to, set-offs or deductions for violations of customer shipping or routing guidelines and/or other promotional programs. NSSBI shall process any credit to Customer’s account in accordance with NSSBI’s standard practices and procedures. All claims relating to any delivery and/or applicable invoice and/or Products must be made in writing within 30 days of the date of the invoice. Any request for proof of delivery must be made within 30 days of the date of the invoice.
5. TAXES. Where appropriate, Customer shall provide NSSBI with a duly executed tax certificate indicating that such purchase is for exemption or resale, and listing Customer’s sales tax registration number for each state into which NSSBI’s Products will be delivered. NSSBI shall have no liability for any tax required to be billed, collected, and/or remitted by Customer as a result of sales of Products made by Customer, and Customer shall defend, indemnify, and hold harmless NSSBI against all losses, penalties, interest, and expense (including reasonable attorneys’ fees) arising out of any claims relating to such liability for taxes. Where applicable, all prices and payments for Products are exclusive of all taxes, and Customer agrees to pay all applicable national, state and local sales, use, value‑added and other taxes, customs duties and similar tariffs and fees, other than taxes imposed on NSSBI’s net income.
6. SHIPPING; HANDLING; RISK OF LOSS. Unless otherwise expressly indicated on the face of an order, the shipping term for all deliveries is F.O.B. NSSBI’s shipping point (whether to an NSSBI or third-party facility). Risk of loss and title is passed to Customer upon transfer of the Physical Products to the carrier. Shipping costs quoted are estimates and may vary from the actual costs. Unless otherwise agreed, the cost of shipping is calculated by taking the Physical Product price and adding 10.5%. Minimum charge is $10.00. NSSBI will ship Physical Products using its established methods of packing and transportation, except as otherwise instructed by Customer and agreed to by NSSBI. If Customer requires other packing or preparation, Customer will pay the additional costs. In the event that Customer requests to pick up its own deliveries of Physical Products by its own carrier, Customer must pay 5% of the value of the order as a handling fee. In addition, the pickup must occur within 48 hours of confirming the date and time of pickup or NSSBI will ship and charge standard shipping and handling rates to a maximum of 10.5%. Customer assumes full liability for the materials upon freight leaving our distribution center dock.
7. REJECTION. Customer may, immediately on receipt of any incorrect titles or damaged or defective Products, or if Products are not as described, reject and return them to NSSBI, with authorization from NSSBI and at NSSBI’s expense. Customer assumes, and shall bear and pay, all risks and expenses of returning any such Products without NSSBI’s authorization. Shortages, damaged Products or incorrect titles must be reported within thirty (30) days of delivery. In the event of a shortage, NSSBI shall ship the items or credit Customer’s account for the shortfall. For damaged Products, NSSBI shall pick up the Products and issue an appropriate credit or ship replacement Products. For Products showing visible damage on the shipping carton, the carrier must note damages on the freight bill before accepting delivery. Merchandise damaged in transit must be reported to the carrier immediately. All original shipping cartons, packing slips, packing materials and damaged Products must be saved until they have been inspected or Customer’s claim has been resolved.
8. RETURNS. Except for Products sold on a non-refundable basis, Customer may return, at Customer’s risk and expense, purchased Products no later than six (6) months (or one month for home schools and individual customers) after the invoice date, in accordance with NSSBI’s standard practices and procedures with pre-approval from NSSBI Customer Experience. Customer assumes, and shall bear and pay, all risks and expenses of returning any such Products. If Customer returns any Product that is damaged by Customer, used or otherwise ineligible for credit for any reason specified in our policy, NSSBI has the right to dispose of it without any further obligation, including, without limitation, notice, credit obligation or obligation to return it to the Customer.
9. MODIFICATION, DISCONTINUATION OR RECALL. NSSBI may update, enhance and/or expand the content, features and functionality of a Product and/or change the name and branding of a Product from time to time. In the event a Product is discontinued by NSSBI or is the subject of a recall by NSSBI during the term of NSSBI’s contract with the Customer, NSSBI shall be responsible only for, at NSSBI’s election: (a) supplying Customer with a revised or corrected versions of the Product; (b) substituting the Product with a new product in the same subject area and the same type, quality, condition and price or (b) providing a pro-rated credit to Customer that may be applied toward the purchase of other NSSBI Products in the amount of the costs paid by Customer to NSSBI for the use of such Product during the remaining term of NSSBI’s contract.
10. COMPLIANCE WITH LAWS. Customer shall comply with all applicable laws and regulations applicable to the purchase of Products. Furthermore, Customer warrants that it shall comply with all applicable data privacy laws, including federal and state laws including but not limited to the Family Educational Rights and Privacy Act, including the Protection of Pupil Rights Amendment (“FERPA”) and the Children’s Online Privacy Protection Act (“COPPA”). Please see our Privacy Policy for NSSBI Products.
11. NSSBI’S INTELLECTUAL PROPERTY RIGHTS. The intellectual property contained in the Products (and any derivative works based on the Products) is confidential and/or proprietary information of NSSBI or its licensors and is protected by copyright, trademark, and other intellectual property laws. NSSBI, or its licensors, are the sole and exclusive owners and shall retain all right, title and interest in and to the Products, including without limitation all materials, software, documentation, training and implementation materials, methodology, all parts of presentations and other materials provided in connection therewith, related software code, specifications, documentation, technical information, copyrighted and other proprietary content, NSSBI trademarks and brands, information and other materials of NSSBI, its licensors and other third parties; as well as corrections, modifications, additions, improvements and enhancements to the foregoing (collectively, “NSSBI IP”); subject to the personal, nonexclusive license to use the NSSBI IP granted to Customer for its own non-commercial, incidental use as contemplated herein.
12. EQUAL OPPORTUNITY CLAUSE. NSSBI does not and Customer shall not engage in any discriminatory practices based on race, color, religion, sex, national origin, protected veteran status, or disability. To the degree they are applicable, the following provisions are incorporated herein by reference and are binding upon NSSBI and Customer as if set forth fully at length herein: 41 CFR 60-1.4, 60-250.4 and 60-300.5; and 41 CFR 60-741.4 and 60-741.5.
13. FORCE MAJEURE. NSSBI shall not be deemed in default of its obligations to Customer to the extent that performance of its obligations or attempts to cure any breach are delayed, cancelled, rescheduled or prevented by reason of any act of God, war, civil commotion, strikes, labor disputes, fire, natural disaster, accident, riots, acts of government, shortage of materials and supplies, or any other cause beyond its reasonable control.
14. INDEMNIFICATION. To the extent allowed by law and subject to the right of Customer to raise the defense(s) of sovereign governmental or qualified immunity against third party claims, Customer will indemnify, defend and hold harmless NSSBI, its parent companies, subsidiaries, affiliates, directors, officers and employees from any third party claims, causes of action, damages, costs, liabilities or expenses that arise from a breach of these Terms or from improper, illegal or unauthorized use, distribution or operation of the Products.
15. DISCLAIMER OF WARRANTIES AND INDEMNITIES; LIMITATION OF LIABILITY. ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND NSSBI EXPRESSLY EXCLUDES THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WHILE NSSBI DOES ITS BEST TO DESCRIBE EVERY PRODUCT OFFERED AS ACCURATELY AS POSSIBLE, NSSBI DOES NOT WARRANT THAT PRODUCTS, SPECIFICATIONS, PRICING, AND/OR OTHER CONTENT NSSBI PROVIDES ARE COMPLETE, ACCURATE, RELIABLE, CURRENT, OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS NSSBI AND ITS PARENT, AFFILIATES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE OUTSIDE ATTORNEYS’ FEES AND EXPENSES) INCURRED IN DEFENDING ANY CLAIM, JUDGMENT OR PROCEEDING RELATING TO OR ARISING OUT OF: (I) CUSTOMER’S BREACH OR ALLEGED BREACH OF ITS REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND AGREEMENTS CONTAINED IN THESE TERMS; AND/OR (II) THE DISTRIBUTION, RESALE AND PROMOTION OF PRODUCTS BY CUSTOMER. NSSBI WILL HAVE THE RIGHT TO CONTROL THE DEFENSE AND SETTLEMENT OF ANY CLAIMS SUBJECT TO INDEMNIFICATION HEREIN. NSSBI SHALL HAVE NEITHER LIABILITY NOR RESPONSIBILITY TO ANY PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE ARISING FROM THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, NSSBI’S FAILURE OR ALLEGED FAILURE TO FILL ORDERS BY CUSTOMER IN WHOLE OR IN PART. NSSBI DOES NOT GUARANTEE THAT ANY DIGITAL PRODUCTS WILL BE DELIVERED ERROR-FREE OR UNINTERRUPTED. NSSBI DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND DIGITAL PRODUCTS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. NSSBI SHALL NOT BE LIABLE FOR ANY DAMAGES TO COMPUTERS, COMMUNICATION SYSTEMS, DATA OR SERVICES THAT MAY ARISE AS A RESULT OF THE USE OF DIGITAL PRODUCTS. IN NO EVENT SHALL NSSBI BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, WARRANTY OR OTHERWISE, AND REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NSSBI’S TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER DURING THE MOST RECENT TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
16. TERMINATION; EFFECT OF TERMINATION. NSSBI may terminate this Agreement upon the failure of Customer to comply with any of the Terms, at any time by giving Customer 30 days’ prior written notice, specifying the breach upon which the notice is based. If Customer has not cured the breach to NSSBI’s satisfaction within the notice period, this Agreement will terminate. NSSBI shall have, in addition to any other remedies available to it, the right to injunctive and other equitable relief to restrain action by Customer inconsistent with this Agreement, and Customer hereby acknowledges that other remedies are inadequate in such cases. Upon termination for any reason, NSSBI will disable access to any applicable Digital Products, including at the end of the Subscription Term. In addition, Sections 11, 14 through 18 and 20 shall survive any termination of this Agreement.
17. MODIFICATION AND SEVERABILITY. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of the Terms shall remain in force and in effect and be construed so as to best effectuate the intention of the parties. The waiver of one default shall not waive subsequent defaults of the same or different kind. NSSBI reserves the right to make changes to these Terms at any time.
18. JURISDICTION; VENUE; CHOICE OF LAW. THE STATE COURTS OF THE COMMONWEALTH OF MASSACHUSETTS SITTING IN SUFFOLK COUNTY AND, IF THE JURISDICTIONAL PREREQUISITES EXIST AT THE TIME, THE UNITED STATES DISTRICT COURT FOR MASSACHUSETTS SHALL HAVE THE SOLE AND EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ANY DISPUTE OR CONTROVERSY ARISING UNDER OR CONCERNING THIS CONTRACT. THIS CONTRACT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REFERENCE TO ITS PRINCIPLES OF CONFLICTS OF LAWS, EXCEPT THAT FOR GOVERNMENTAL CUSTOMERS IN THE UNITED STATES THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE GOVERNMENT AGENCY CUSTOMER IS LOCATED.
19. EXPORT. Import duties, taxes and customs clearance fees relating to Products shipped outside the United States will be borne by Customer. Export laws and regulations of the United States apply to all Products. Customer agrees that export control laws govern its use of the Digital Products and related Services (including technical data) and any Digital Products deliverables provided to Customer by NSSBI, and Customer agrees to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). For Products exported outside the United States, Customer agrees that it will not import or allow a third party to import such Products into the United States.
20. CONFIDENTIALITY. Customer acknowledges that in the course of providing Products under this Agreement, representatives of NSSBI may disclose certain confidential information to Customer. All concepts, work, materials, and related information disclosed to Customer by any person acting on behalf of NSSBI are proprietary and confidential information of NSSBI. Customer acknowledges this and agrees not to disclose any such concepts, work, material or related information to any other parties, or to make any use of the Products other than the use that is intended by NSSBI through its provision of the Products.

TERMS APPLICABLE TO DIGITAL PRODUCTS

In addition to the above General Terms applicable to all Products, the following terms are applicable to the purchase of Digital Products. In the event of a discrepancy between the General Terms and the Terms Applicable to Digital Products, the Terms Applicable to Digital Products shall apply.

1. SUBSCRIPTION TERM. Any subscription to Digital Products is for the price and time period or term listed in the applicable Order Document(s). If Customer wishes to extend any Subscription Term, a purchase order, change order, or amendment is to be negotiated for additional fees. If no commencement date for the Subscription Term to the Digital Products is specified in the applicable Order Document(s), the Subscription Term shall be deemed to commence on the date on which the Customer is granted access to the Digital Product as delivered by NSSBI, NOT upon Customer activation of the Digital Product, and shall continue until the end of the Subscription Term. Upon expiration or termination of the Subscription Term, Customer will no longer have permitted access to the Digital Product. In the event that NSSBI must discontinue access to a Digital Product prior to expiration of the Subscription Term, NSSBI shall provide a pro-rated credit to Customer applicable toward the purchase of other NSSBI Products. Such pro-rated credit shall reflect the portion of the Subscription Term that remains unused as of the date of discontinuation of the Digital Product.
2. HOSTING. Any Digital Products purchased for a limited Subscription Term shall be hosted by or through NSSBI. NSSBI may choose to transition the hosting of a Digital Product to a different site or platform upon prior written notice to Customer. Any NSSBI Digital Products Customer wishes to self-host would be considered a separate transaction, and separate agreements and fees are to be negotiated. Self-hosted versions of many of NSSBI’s Digital Products are not available for license. In the case of Digital Products that are self-hosted in whole or in part, upon expiration or termination of the applicable Subscription Term, Customer must immediately cease using the Digital Product, delete or destroy any copies of the Digital Product and, if requested, confirm to NSSBI that the Customer has complied with these requirements.
3. ALLOCATION OF LICENSES. NSSBI will provide Customer with the number of credentials with respect to Digital Products equal to the number of students, teachers or administrators licensed by Customer under the applicable Order Document(s).
4. LICENSE LIMITATIONS. Customer may not: (1) re-sell, rent or lease a Digital Product or any part of it; (2) copy any part of a Digital Product, except where specifically indicated otherwise or for back-up purposes; (3) reverse engineer, decompile or disassemble a Digital Product or the software through which it is delivered, or convert it into any other format or medium; (4) use more copies of a Digital Product, or deploy a Digital Product on more devices or at more sites, than are authorized by these Terms Applicable to Digital Products and the applicable Order Document(s), or (5) sub-license the Digital Products except as permitted by NSSBI.
5. SECURITY. Customer acknowledges that Digital Products may include security technology to ensure that they may only be used in accordance with the applicable license rights. Customer shall take all reasonable security measures to prevent unauthorized access to the Digital Products. Customer agrees to: (1) accept all responsibility for all activities that occur under user name(s) or password(s) used by Customer; and (2) immediately notify NSSBI of any unauthorized use of any password or account assigned to Customer, or any other breach of security or confidentiality thereof. In such event, NSSBI shall have the right, without limitation of any other rights under this Agreement, to terminate any such account or this Agreement in its entirety. In the event that Customer transmits Customer Materials to NSSBI outside of NSSBI’s secure software (e.g. in association with the provision of any Services), Customer agrees to use a secure conduit (e.g., HTTPS) for the transmission of such Customer Materials. NSSBI shall have no obligation to monitor Customer Materials, but NSSBI reserves the right to do so and to remove or disclose any Customer Materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, and NSSBI will use reasonable efforts to notify Customer reasonably in advance.
6. THIRD PARTY PRIVACY POLICIES. In connection with Customer’s use of Digital Products owned and hosted by NSSBI, Privacy Policy for NSSBI Products shall apply. Please note that in some instances Digital Products are owned and hosted by third parties. In such cases, there may be other specific privacy policies that apply. In such cases, you should refer to the applicable third-party privacy policy for that Digital Product(s).

TERMS APPLICABLE TO CONNECTED PRODUCTS

In addition to the General Terms and Terms Applicable to Digital Products that may apply to individual components of the Connected Products, the following terms apply to NSSBI Connected Products. In the event of any conflict, the Terms Applicable to Connected Products shall apply.

1. CONNECTED PRODUCTS. The Connected Products consists of the NSSBI program products, professional development services and classroom materials offered by NSSBI through its platform(s), or otherwise delivered to the Customer, solely in the formats identified in the Order Document(s). Customer understands and agrees that certain content of the Connected Products may be updated or substituted on an ongoing basis in the discretion of NSSBI. In addition, the Customer may add other Products and Services to the Order Documents, at the applicable NSSBI price, and all such additional Products and Services shall be governed by these terms and other applicable NSSBI terms and conditions.
2. LICENSE. Subject to the General Terms and Terms Applicable to Digital Products, NSSBI hereby grants Customer a limited, non-exclusive, non-sublicensable and non-transferable right to access the Connected Products as identified on the applicable Order Document(s), solely for educational purposes and solely in connection with the Customer’s school/district. NSSBI will provide Customer with the number of credentials with respect to the Connected Products equal to the number of students, teachers or administrators licensed by Customer under the applicable Order Document(s). Teacher licenses can be used by multiple instructors in good faith, in the same school/district so long as such teacher licenses maintain a customary classroom teacher-to-student ratio (i.e. the number of teacher licenses purchased is substantially in proportion to the number of student licenses purchased by the Customer). Any rights not expressly granted by NSSBI in this Agreement are expressly reserved to NSSBI. The Subscription Term is for the period of years specified in the applicable Order Document(s) and paid for by Customer. This Subscription Term shall be effective upon the date set forth in the Order Document(s), provided that, if no such commencement date is specified, the Subscription Term shall be deemed to commence on the earliest date on which the applicable product is first accessed or used by Customer and shall continue until the end of the Subscription Term. For a multi-year Subscription Term, Customer shall be permitted to re-allocate the licensed credentials to different grade levels of the same NSSBI program, so long as the total number of licensed users is not exceeded for the same Subscription Term during the same academic year.
3. EMBEDDED SERVICES. Subject to the General Terms, NSSBI will provide the then standard embedded professional development services to Customer as NSSBI makes available with the Connected Products Subscription. In addition, Customer may engage NSSBI to provide additional training, coaching or other professional development in association with the Connected Products.
4. CONSUMABLE PRINT MATERIALS. For a multi-year Subscription Term, Customer shall be permitted to re-allocate the quantities of consumable print materials of a given Product among different grade levels, so long as the total quantity purchased is not exceeded in a given academic year. As of 3/1/2022, customers must manage their annual shipment of consumable print materials through the The Pop Shop in order to specify the Customer’s grade level quantities for the following school year. Subscription quantities not specified for shipment may not be carried over to the following year and may not be refunded or credited.

TERMS APPLICABLE TO SERVICES

In addition to the General Terms, the following terms apply to the purchase of Services. In the event of a discrepancy between the General Terms and the Terms Applicable to Services, the Terms Applicable to Services shall apply.

1. PURCHASE ORDER. At least thirty (30) days prior to the first date of Services, Customer shall provide NSSBI with a purchase order. If Customer’s purchase practice is not to provide a purchase order, Customer agrees that it shall sign a Services Agreement or contract and make prompt payment under the terms set forth herein for all Services delivered to Customer by NSSBI.
2. LOGISTICS. No less than thirty (30) days before a Services Date, Customer shall provide to NSSBI the following information: shipping address for materials, the address and other pertinent details (e.g., room number) of Services delivery sites, and the number of participants for each day of Services to be delivered. NSSBI reserves the right to charge Customer expedited shipping charges if additional shipping or handling charges are incurred by NSSBI, or to reschedule the Services without penalty, as a result of Customer’s failure to provide the necessary information within this timeframe.
3. SCHEDULING, RESCHEDULING AND CANCELLATION. The scheduling of Services to be delivered on specified dates (“Services Dates”) shall be outlined in the purchase order or agreement. Services to be delivered on dates to be determined (“TBD Dates”) must be delivered within twelve (12) months of NSSBI’s receipt of the purchase order or other agreement. Fees paid for any TBD Dates not consumed within twelve (12) months will be forfeited by the Customer. When scheduling TBD Dates, the Customer shall contact NSSBI at least six (6) weeks prior to the first day on which the Customer would like the Services to begin. NSSBI cannot guarantee availability of dates for specific consultants.
   1. DATE CHANGES/RESCHEDULING.
      1. Services Dates, once scheduled, may be changed only upon the mutual agreement of NSSBI and the Customer. In addition to rescheduling fees, as set forth below, any change to the dates or the type of Services herein may change the fees that will be charged.
         1. Any date change requests must be received by NSSBI from the Customer no less than thirty (30) days prior to the scheduled Services Date. All rescheduled Services Dates must be delivered within twelve (12) months of NSSBI’s receipt of the purchase order or other agreement. All rescheduled Services Dates not consumed within twelve (12) months will be forfeited by the Customer and no refund of any prepaid fees shall be given.
         2. For any Services Date changes made at any time by Customer for any reason, Customer shall reimburse NSSBI 100% of any out-of-pocket travel or other ancillary costs spent by NSSBI in connection with preparation for providing the Services (e.g., travel already booked).
   2. CANCELLATIONS/DEFAULT.

1. 1. 1. Customer may cancel Services without incurring any cancellation fee prior to the scheduling of a Services Date by providing NSSBI no less than thirty (30) days’ written notice prior to the Services Date.
      2. Cancellations received from Customer less than thirty (30) days prior to the Services Date shall result in payment by Customer of a cancellation fee of 50% of the fees for the cancelled Services. Cancellations received from Customer less than seven (7) days in advance of the Services Date shall result in payment by Customer of a cancellation fee of 75% of the fees for the cancelled Services.
      3. Cancellations received from Customer less than 24 hours prior to the Services Date, or if Customer is absent from the scheduled Service (“no-show”), shall result in payment by Customer of a cancellation fee of 100% of the fees for the cancelled Services.
      4. If a cancellation involves more than one Service Date, any cancellation fees shall be prorated accordingly. In all cases, Customer shall pay for any Services actually delivered.
      5. For any cancellation of Services Dates at any time for any reason, Customer shall reimburse NSSBI 100% of any out-of-pocket travel or other ancillary costs spent by NSSBI in connection with preparation for providing the Services in accordance with this Agreement (e.g., travel already booked).
2. PROHIBITION ON REPRODUCTION. No part of the Services or any related materials may be videotaped, audio taped, photographed or in any way copied, excerpted, reproduced or distributed without the prior written consent of NSSBI. Participants may be asked to leave if they engage in this activity and will be required to delete any unauthorized recordings.

TERMS APPLICABLE TO PILOTS

In addition to all of the above Terms, where Pilots are permitted by applicable law and otherwise available, the following terms are applicable to the Pilots. In the event of a discrepancy, the Terms Applicable to Pilots shall apply.

1. CONSIDERATION. In partial consideration of its participation in the Pilot, Customer agrees to cooperate with NSSBI’s efforts to gather data (including but not limited to performance, usage, and other data at the building, grade, teacher and student levels), testimonials and other information relating to the Pilot. NSSBI may meet with the Customer to review success data and other information obtained in connection with the Pilot or from the use of Products in the Pilot (“Pilot Materials”). Customer agrees that NSSBI will collect, use and protect pilot data in accordance with the Privacy Policy for NSSBI Products.
2. PILOT MATERIALS. Pilot Materials shall be provided in limited quantities as specified in the Pilot Proposal and only for the duration of and otherwise within the scope of the Pilot. Participation in the Pilot shall not thereby entitle Customer to participation in future pilots or additional access to Pilot Materials or to other instructional materials.
3. OWNERSHIP. To the fullest extent permitted by law, where the Customer does not share in the funding of the Pilot, NSSBI retains ownership of all Pilot Materials. NSSBI also retains all right, title and interest in and to any Pilot Materials consisting of software licensed to the Customer for the limited period of the Pilot. In the event that the NSSBI program relating to the Pilot is selected and purchased by Customer at the end of the Pilot, Customer will have the option to purchase or license the Pilot Materials on terms to be negotiated between NSSBI and Customer. Where the Customer does not share in the funding of the Pilot, and the piloted NSSBI program is NOT selected by the Customer at the end of the Pilot, Customer shall discontinue use of all Pilot Materials provided under license and return such Pilot Materials to NSSBI (and NSSBI is entitled to terminate access to or collect all Pilot Materials owned by NSSBI at its discretion). Customer is not permitted to resell any Pilot Materials.
4. DAMAGE AND/OR LOSS. Customer is responsible for any damage or loss to NSSBI owned Pilot Materials during the Pilot.
5. TERMINATION. Where Customer has not participated in the funding of the Pilot, NSSBI may terminate the Pilot at any time upon thirty days prior written notice to Customer.

DEFINITIONS

The following terms used throughout this agreement, whether used in the singular or plural, shall have the meanings set forth herein.

1. “Connected Product(s)” means Physical Products, Digital Products and Services specifically labelled as part of NSSBI’s “Connected Teaching System.”
2. “Customer” means the legal entity identified on the purchasing or registration materials. For purposes of this Agreement, Customer includes affiliates specifically listed in a purchase order or in other purchasing or registration materials. Such affiliates agree to be bound by the terms of this Agreement. Customer is responsible for compliance with the terms of this Agreement by all affiliates, subsidiaries and subdivisions purchasing Products hereunder.
3. “Customer Materials” means the materials, data and information belonging to a Customer and provided to NSSBI, either directly or by granting NSSBI access to Customer’s files/systems, for the purpose of using an NSSBI Product.
4. “Digital Product(s)” means non-tangible, digital versions of Products, whether licensed on a fixed, perpetual or subscription term.
5. “Order Document(s)” means the NSSBI cost proposal or NSSBI quotation and order form.
6. “Physical Product(s)” means any Product versions that are not Digital Products, including printed books, other printed materials, and the physical media (CDs, DVDs, videos, other audio/ video/multimedia products) that carry copies of any Digital Product(s) delivered to Customer, and any other physical copies of Products.
7. “Pilot” means the paid or unpaid, full or partial access to Products for a specific, limited period of time for evaluation and trial of the Product prior to Customer’s decision on whether or not to purchase the Product in full. Pilots are generally of short-duration and for limited Product in order for a Customer to evaluate how a full-scale implementation of Products will work in practice. Ownership of the Product remains with NSSBI unless and until full purchase of the Pilot Materials, as hereinafter defined, is completed.
8. “Product(s)” collectively refers to all NSSBI Physical Products, Digital Products, Connected Products, Pilots and Services.
9. “Services” means professional development services delivered personally to the Customer either , in person or on site as specified in the purchase order or other ordering documents or statement of work(s), which may include training, professional development, coaching, consulting, conferences, courses, “Getting Started” and implementation training, and software implementation, for Customer as agreed to by the parties, under this Agreement.
10. “Subscription Term” means the term of the Customer’s subscription to a Digital Product or a Connected Product.

The NEXT Steps Small Business Incubator Publishing Company (“NSSBI,” “we” or “us”) provides educational content and related services for grades K-College/Adult via a set of online learning platforms, including but not limited to our Community On Demand Learning Management System and Money Guide for Young Entrepreneurs Activity Workbook & Online Courses platforms (the “K-College/Adult Learning Platforms” or the “Platforms”). The websites for our K-College/Adult Learning Platforms:

• Provide authorized educational institutions and their district and school administrators and teachers with password-protected access to educational content for use in their curricula;
• Permit educational institutions to give their students password-protected access and other access to educational content for use in connection with their studies; and
• Provide general content and informational services to visitors to our sites who are interested in learning more about our K-College/Adult Learning Platforms.

PLEASE READ THESE TERMS CAREFULLY.

BY BROWSING OUR GENERAL INFORMATION AND ACCESSING OUR PLATFORMS, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE TO ABIDE BY ALL TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE K-College/Adult LEARNING PLATFORMS THAT LINK TO THESE TERMS.

1. Navigating our Terms. To assist you in understanding our Terms, we have divided these Terms into numbered sections, and provide a set of definitions to allow easy reference to key concepts. See Section 9 (Definitions).
2. Password Protected Pages and Open Pages. Each website that hosts one of our K-College/Adult Learning Platforms (a “Platform Website“) is divided into two areas: (i) a password-protected area that provides Online Educational Content and that is designed to be available only to Platform Users who hold requisite passwords for their use (“Password Protected Pages“); and (ii) an open area, that provides General Information and certain educational content to users without password requirements (“Open Pages“).
3. Relationship with Your School. NSSBI enters into relationships with Schools and other Educators, whereby NSSBI agrees to provide their Administrators, Teachers, Students and other associated individuals with access to its Platforms. These Terms address such access.
4. Use of Our Platforms.

1. 1. Student Platform Users; School’s Registration Responsibilities. Educators select the Students (and, where applicable, the parents or legal guardians) who will have access to the K-College/Adult Learning Platform and the associated School-Designated Educational Content. The School and its Administrators/Teachers are responsible for registering Students. Although our ClassZone Learning Platform allows certain Students to self-register, the School controls which Students are distributed an access code in order to so register.
   2. School-Designated Educational Content. Educators select the Online Educational Content and K-College/Adult Learning Platform features (where applicable) that will be available for their classrooms (“School-Designated Educational Content“). We then provide this School-Designated Educational Content in accordance with these Terms.
   3. School Code of Conduct. The School is responsible for the conduct of its Students in connection our K-College/Adult Learning Platforms. We encourage Schools and Teachers to apply appropriate codes of conduct to student activities in this regard.
   4. Nature of K-College/Adult Learning Platforms; Innovation. We describe the features and functions of our K-College/Adult Learning Platforms in help-screens, via Technical Support, and other materials (collectively, “Documentation“). We seek to provide innovative and useful online learning experiences for Educators and Students. Toward this end, we might choose in our discretion to alter the methods that deliver School-Designated Content (“Content-Delivery Mechanisms“). We may revise our Documentation to describe updates to our Content-Delivery Mechanisms, either before we release the update or within a reasonable time after release.
   5. Use of Passwords. Once registered, you will receive or otherwise have the opportunity to create a user name and password (your “Password“). The Platform Website at issue will guide you as to requirements concerning the needed “strength” of this Password. Your Password gives you access to Password Protected Pages (the extent of this access may be set by your School-assigned role), and to our Online Educational Content. Please keep in mind that we will treat anyone who uses your Password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your Password. Therefore, we recommend that you maintain your Password in confidence, and that you notify us immediately if you suspect that someone else is using your Password. If you forget your password: (i) Educators should contact Technical Support for assistance in recovering the password, and (ii) Students should contact their Teacher or Administrator for password recovery support.
2. Technical Support. We offer certain technical support for our K-College/Adult Learning Platforms, to Educators and Students. This support can be obtained by contacting us as provided below (“Technical Support“). If you have questions concerning the hours when Technical Support is available, or other terms applicable to Technical Support, please feel free to ask our Technical Support personnel.

Attention: Tech Support  Phone: 678.570.0398  Email: info@nextstepsyep.org

1. Intellectual Property Rights.
   1. NSSBI Ownership of Platform Websites and General Information; Grant of Rights to Site Visitors. The K-College/Adult Learning Platforms and the Online Educational Content embody intellectual property rights owned by NSSBI (or its licensors) including, where applicable, rights under patent law, copyright law, trade secret law, and trademark law (“NSSBI Intellectual Property“). Subject to your compliance with these Terms, NSSBI grants (i) Site Visitors and Platform Users a non-exclusive license to access and use the Open Pages for educational purposes, and (ii) Platform Users a non-exclusive license to access and use (a) the K-College/Adult Learning Platform selected by your School, and (b) associated School-Designated Content. Such use shall be limited to those features and functions specified in applicable Documentation, and you agree not to duplicate, publish, display, distribute, modify, or create derivative works of any K-College/Adult Learning Platform or Online Educational Content unless expressly permitted, as indicated in the Documentation or other applicable information materials or NSSBI contract terms concerning the Content.
   2. Ownership of User Content. Where applicable, certain features of a Platform (where applicable, “Interactive Features“) provide Educators and Students the ability to create, upload or post User Content. We do not claim ownership in User Content. We expect each user of our Platforms to act responsibly, and to respect the rights of others. We seek to protect the integrity and security of our computing systems, and the right to protect our community of users from claims of intellectual property infringement and other claims or threats. Toward these ends, we reserve the right in our sole discretion (i) to monitor your use of the Platforms, and your User Content, (ii) to restrict or foreclose access to certain areas of the Platforms or other resources, and (iii) to take other actions we deem necessary to protect our community of users and our resources. To the extent User Content constitutes (in whole or in part) a Student Record, such Student Record shall be the property of and under the control of the School.  For so long as a Student is a Platform User, the Student can obtain a copy of his/her User Content by using the download feature available through the Platform, or if such features are not available, by contacting us in accordance with Section 10 (Contact Us).
   3. Limited Operations Use. Although we hold no ownership rights in your User Content, as provided in Section 6.2 (Ownership of User Content), in order to provide to you (and your Teachers, Students, and your associated School) the Interactive Features that permit creation and use of that User Content, the Platform must necessarily use and distribute that User Content and you agree to permit us and grant such required operations use.
   4. Contact for Alleged Copyright Infringement. NSSBI respects the intellectual property rights of others and requires that its users do the same. If you believe that content available on a Platform Website constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA“) to respond to such concerns, as follows:

The NEXT Steps Small Business Incubator Publishing Company, 3104 Briarcliff Road NE, P.O. Box 29605, Atlanta, GA 30345 Attn: DMCA Agent, Legal  Email: info@nextstepsyep.org

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

1. Submission of Feedback. If you choose to provide us with feedback or ideas on our Platforms or Online Educational Content, (collectively, “Feedback “) you acknowledge and agree (i) that you have no expectation of review, compensation or consideration of any type for the Feedback; and (ii) we will be free to use and exploit such Feedback in our discretion and without compensation or obligation to you.
2. Protection of Student Personal Information. Please see our Privacy Policy for information about (i) our practices related to collection, use and deletion of Personal Information, including how Students or their parents/legal guardians can access, review, and update Personal Information, (ii) the security measures we have in place designed to safeguard Student Records, including employee training, (iii) our procedures for responding to a security breach, and (iv) how we work with Schools to comply with the Family Educational Rights and Privacy Act, including the Protection of Pupil Rights Amendment (“FERPA”). See our Privacy Policy.
3. Definitions. For your ease of use, the following is a list of defined terms, as used above:
   1. “Administrator” means a School official, IT personnel, or other non-Teacher personnel who holds authorized access to a K-College/Adult Learning Platform.
   2. “Documentation” means technical descriptions of the features and functions of a K-College/Adult Learning Platform, as further defined in Section 4.4 (Nature of K-College/Adult Learning Platforms; Innovation).
   3. “Educators” means (i) Schools, (ii) Administrators, and (iii) Teachers.
   4. “General Information” means information and associated informational services, made available via a Platform Website, that describe or illustrate NSSBI’s Online Educational Content.
   5. “NSSBI” means The NEXT Steps Small Business Incubator Publishing Company
   6. “NSSBI Intellectual Property” means intellectual property rights owned by NSSBI (or its licensors) that are embodied in the K-College/Adult Learning Platforms, the Online Educational Content, the Platform Websites, and the General Information including, 9here applicable, rights under patent law, copyright law, trade secret law, and trademark law.
   7. “Interactive Features” means those features of a K-College/Adult Learning Platform that allow a Platform User to upload, post, or create User Content.
   8. “K-College/Adult Learning Platform” or “Platform” means an NSSBI online K-College/Adult learning platform, including the Community On Demand Learning Management System and The Money Guide for Young Entrepreneurs Activity Workbook & Online Course platforms. The term “K-College/Adult Learning Platform” includes the Online Educational Content available on that Platform.
   9. “Online Educational Content” means the electronic textbooks, graphics, animations, video recordings, audio recordings, artwork, and other educational content NSSBI makes available through a K-College/Adult Learning Platform via Password-Protected Pages.
   10. “Open Pages” means those pages of a Platform Website that are made available without password requirements.
   11. “Password-Protected Pages” means those pages of a Platform Website that are made available only to users with requisite password credentials.
   12. “Platform Users” means (i) Schools; (ii) Administrators; (iii) Teachers; and (iv) Students.
   13. “Platform Website” means a website that hosts a K-College/Adult Learning Platform.
   14. “School” means (i) an educational institution in a contractual relationship with NSSBI regarding one or more K-College/Adult Learning Platforms; and (ii) home schooling parents, tutoring centers and other formal and informal learning programs that similarly have entered into a contractual relationship with NSSBI regarding one or more K-College/Adult Learning Platforms.
   15. “School-Designated Educational Content” means the Online Educational Content acquired by a School for its curricula, via the K-College/Adult Learning Platform at issue.
   16. “Site Visitors” means visitors viewing or interacting with a Website Platform’s Open Pages.
   17. “Student” means an individual receiving educational instruction via our learning platform. The term “student” includes individuals within the K–12 age group.
   18. “Student Records” has the same meaning as “Pupil Records,” as defined in Section 49073.1 of the California Education Code.
   19. “Teachers” means those teachers of a School who hold authorized access to Online Educational Content via a K-College/Adult Learning Platform.
   20. “Technical Support” means the support we provide for our K-College/Adult Learning Platforms, as further described in Section 5 (Technical Support).
   21. “Terms” means these Terms of Use for K-College/Adult Learning Platforms.
   22. “User Content” means information, assignments or other school-related materials a Platform User submits to the Platform. By way of clarifying example, the term “User Content” does not include statistical information, analytics, or other anonymized data relating to use of a K-College/Adult Learning Platform, nor does the term User Content include NSSBI Intellectual Property.
   23. “We” or “Us” means NSSBI.
   24. “You” means a Site visitor or Platform User.
4. Contact Us.

You may contact us with questions concerning these Terms.

EXTERNAL LINKS POLICY

Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.

In addition, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.

We permit links to our website if they do not imply an endorsement by, or affiliation with, our website.

We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. To report problems with links on our website, or for more information about this policy, please send an e-mail to legal@nextstepsyep.org

This policy was last updated on June 19, 2019.

Copyright © 2019 The NEXT Steps Small Business Incubator, and licensed for use by The NEXT Steps Youth Entrepreneur Program, Inc at www.nextstepsyep.org. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of The NEXT Steps Small Business Incubator, Inc.

ANTI-SPAM POLICY
We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community.

We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act).

If you subscribe to electronic newsletters or other communications from our website, you will always have an option to unsubscribe immediately.

If you have additional questions, comments or concerns, please contact us by sending an e-mail to legal@nextstepsyep.org and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:
Eagles Economic Community Development Corporation
c/o The NEXT Steps Youth Entrepreneur Program
4910 Jonesboro Road
Suite 500
Union City, Georgia 30291

Cookies
Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website.

3rd party advertising companies may also use cookies for tracking purpose.

This disclaimer was last updated on January 6th, 2019.

Copyright © 2019 The NEXT Steps Small Business Incubator, and licensed for use by The NEXT Steps Youth Entrepreneur Program, Inc at www.nextstepsyep.org. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of The NEXT Steps Small Business Incubator, Inc.

WEBSITE EARNINGS DISCLAIMER

You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase the financial education course and any other goods or services offered for sale at this website.

No Earnings Projections, Promises Or Representations
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of the goods or services sold by us, including, but not limited to, the financial education course, and that we have not authorized any such projection, promise, or representation by others.

Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.

This includes all products and services offered by NEXT Steps including the The Money Guide for Young Entrepreneurs Curriculum Series, The Community On Demand Digital Economy & Digital Media Network, The Community On Demand STEAM Education & Life Skills Game, STEAM Education Trends Within the 17 High-Demand Career Clusters & Pathways, NEXT Steps Partners In Education Network, and The Ultimate Guide to Understanding our Digital Badge & Skillcoin Rewards System and all other products and services offered through the NEXT Steps.

The Economy
The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by goods or services purchased from us.

Your Success Or Lack Of It
Your success in using the information or strategies provided by this website, depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.

Internet businesses and earnings derived there from, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase goods or services from us, and/or any monies spent setting up, operating, and/or marketing any business or other enterprise, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

Forward-Looking Statements
MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY MATERIALS ON THE WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

Due Diligence
You are advised to do Your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with Your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice. Nothing contained on the website or in materials available for sale or download on the website provides legal advice in any way. You should consult with your own attorney on any legal questions you may have.

We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.

Purchase Price
Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for the financial education course, and any other goods and services sold on this website, has been arbitrarily set by us. This price bears no relationship to objective standards.

Testimonials & Examples
Testimonials and examples on this website about our financial education course and other goods and services are exceptional results, do not reflect the typical purchaser’s experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well. The described experiences are atypical. Your financial results are likely to differ from those described in the testimonials.

Please note that the content of this page can change without prior notice. This disclaimer was last updated on May 16, 2019.

Copyright © 2019 The NEXT Steps Small Business Incubator, and licensed for use by The NEXT Steps Youth Entrepreneur Program, Inc at www.nextstepsyep.org. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of The NEXT Steps Small Business Incubator, Inc.

COURSE EARNINGS DISCLAIMER

You understand and agree that there are important risk factors that should be considered by you when deciding whether to implement any of the strategies or techniques taught in this financial education course.

1. No Earnings Projections, Promises or Representations. You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of this financial education course, and that we have not authorized any such projection, promise, or representation by others.

Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.

You understand that this financial education course has not been available for purchase long enough to provide an accurate earnings history.

2. The Economy. The economy, where you live and do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by this financial education course.

3. Your Success or Lack of It. Your success in using the information or strategies provided by this course depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all. Businesses and earnings derived there from, involve unknown risks and are not suitable for everyone. You may not rely on any information presented in the course or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase the course, and/or any monies spent in reliance upon the information provided in the course, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

4. Forward-Looking Statements. MATERIALS CONTAINED IN THIS COURSE, OR ON THE WEBSITE WHERE THE COURSE WAS PURCHASED, MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS IN THE COURSE OR ON THE WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIALS.

5. Due Diligence. You are advised to do Your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with Your accountant, lawyer, investment advisor, or other appropriate professional before acting on this or any information. You may not consider any examples, documents, or other content on the course or otherwise provided by us to be the equivalent of legal, accounting, or investment advice. Nothing contained in the course or in materials available for sale or download on the website provides legal, investment, or accounting advice in any way. You should consult with your own attorney, financial investment advisor, and accountant with any questions you may have. We assume no responsibility for any losses or damages resulting from your use of any information or opportunity contained within the course, on the related website, or within any information disclosed by the owner of the course and the website in any form whatsoever.

6. Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for this financial education course has been arbitrarily set by us. This price bears no relationship to objective standards.

7. Testimonials & Examples. Testimonials and examples for this course and on the related website are exceptional results, do not reflect the typical purchaser’s experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well. The described experiences are atypical. Your financial results are likely to differ from those described in the testimonials. You understand that this course has not been available for purchase long enough for us to determine what are typical financial results.

8. How To Contact Us.
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail toLegal@nextstepsyep.org Admin@nextstepsyep.org, and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
Eagles Economic Community Development Corporation
c/o The NEXT Steps Youth Entrepreneur Program
4910 Jonesboro Road
Suite 500
Union City, Georgia 30291

These terms and conditions were last updated on January 1st, 2019

Copyright © 2019 The NEXT Steps Small Business Incubator, and licensed for use by The NEXT Steps Youth Entrepreneur Program, Inc at www.nextstepsyep.org. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of The NEXT Steps Small Business Incubator, Inc.

CIPA – Compliant Internet Safety Policy
1. Minors (CIPA – Compliant Internet Safety Policy)
NEXT Steps recognizes that access to technology in school gives students greater opportunities to learn, engage, communicate, and develop skills that will prepare them for work, life, and citizenship. We are committed to helping students develop 21st-century technology and communication skills. To that end, we provide access to technologies for student, staff, parent, visitor, and community use.
It is the policy of The NEXT Steps Youth Entrepreneur Program to:
(a) prevent user access over its computer network to, or transmission of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications;
(b) prevent unauthorized access and other unlawful online activity;
(c) prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and
(d) comply with the Children’s Internet Protection Act [Pub. L. No. 106-554 and 47 USC 254(h)].
DEFINITIONS
Key terms are as defined in the Children’s Internet Protection Act. This Acceptable Use Policy outlines the guidelines and behaviors that users are expected to follow when using school technologies or when using personally-owned devices on the school campus. • The NEXT Steps network is intended for educational purposes. • All activity over the network or using district technologies may be monitored and retained. • Students are expected to follow the same rules for good behavior and respectful conduct online as offline. • Misuse of school resources can result in disciplinary action. • Users of the district network or other technologies are expected to alert Technology staff immediately of any concerns for safety or security.

ACCESS TO INAPPROPRIATE MATERIAL
To the extent practical, technology protection measures (or “Internet filters”) shall be used to block or filter Internet, or other forms of electronic communications, access to inappropriate information. Specifically, as required by the Children’s Internet Protection Act, blocking shall be applied to visual depictions of material deemed obscene or child pornography, or to any material deemed harmful to minors. Subject to staff supervision, technology protection measures may be disabled for adults or, in the case of minors, minimized only for bona fide research or other lawful purposes.

TECHNOLOGIES COVERED
NEXT Steps may provide Internet access to: desktop computers, mobile computers or devices, videoconferencing capabilities, online collaboration capabilities, message boards, email, and more. As new technologies emerge, NEXT Steps will attempt to provide access to them. The policies outlined in this document are intended to cover all available technologies, not just those specifically listed.
INAPPROPRIATE NETWORK USAGE
To the extent practical, steps shall be taken to promote the safety and security of users of the Ricardo
Independent School District online computer network when using electronic mail, chat rooms, instant
messaging, and other forms of direct electronic communications.
Specifically, as required by the Children’s Internet Protection Act, prevention of inappropriate network usage
includes: (a) unauthorized access, including so-called ‘hacking,’ and other unlawful activities; and (b)
unauthorized disclosure, use, and dissemination of personal identification information regarding minors.
EMAIL

NEXT Steps may provide users (Students grades 2nd through 8th, Staff, and designated individuals/groups) with email accounts for the purpose of school-related communication. Availability and use may be restricted based on school policies.
Users are provided with email accounts, they should be used with care. Users should not send personal information; should not attempt to open files or follow links from unknown or not trusted origin; should use appropriate language; and should only communicate with other people as allowed by the district policy or the teacher.
Users are expected to communicate with the same appropriate, safe, mindful, courteous conduct online as offline. Email usage may be monitored and archived.

SOCIAL/WEB 2.0 / COLLABORATIVE CONTENT
Recognizing the benefits collaboration brings to education, NEXT Steps may provide users with access to web sites or tools that allow communication, collaboration, sharing, and messaging among users.
Users are expected to communicate with the same appropriate, safe, mindful, courteous conduct online as offline. Posts, chats, sharing, and messaging may be monitored. Users should be careful not to share personally-identifying information online;

SECURITY
Users are expected to take reasonable safeguards against the transmission of security threats over the school network. This includes not opening or distributing infected files or programs and not opening files or programs of unknown or not trusted origin.
If you believe a computer or mobile device you are using might be infected with a virus, please alert the Technology staff. Do not attempt to remove the virus yourself or download any programs to help remove the virus.

DOWNLOADS
Users should not download or attempt to download or run .exe programs over the school network or onto
school resources without express permission from the Technology staff.
You may be able to download other file types, such as images of videos. For the security of our
network, download such files only from reputable sites, and only for education purposes.

PLAGIARISM
Users should not plagiarize (or use as their own, without citing the original creator content, including words or
images, from the Internet. Users should not take credit for things they didn’t create themselves, or misrepresent
themselves as an author or creator of something found online. Research conducted via the Internet should be
appropriately cited, giving credit to the original author.

PERSONAL SAFETY
Users should never share personal information, including phone number, address, social security number,
birthday, or financial information, over the Internet without adult permission. Users should recognize that
communicating over the Internet brings anonymity and associated risks, and should carefully safeguard the
personal information of themselves and others. Users should never agree to meet someone they meet online in
real life without parental permission.
If you see a message, comment, image, or anything else online that makes you concerned for
your personal safety, bring it to the attention of an adult (teacher or staff if you’re at school;
parent if you’re using the device at home) immediately.

CYBER BULLYING
Cyber bullying will not be tolerated. Harassing, dissing, flaming, denigrating, impersonating, outing, tricking, excluding, and cyber stalking are all examples of cyberbullying. Don’t be mean. Don’t send emails or post comments with the intent of scaring, hurting, or intimidating someone else.
Engaging in these behaviors, or any online activities intended to harm (physically or emotionally) another person, will result in severe disciplinary action and loss of privileges. In some cases, cyber bullying can be a crime. Remember that your activities are monitored and retained.

EDUCATION, SUPERVISION AND MONITORING
It shall be the responsibility of all members of the Ricardo Independent School District staff to educate, supervise and monitor appropriate usage of the online computer network and access to the Internet in accordance with this policy, the Children’s Internet Protection Act, the Neighborhood Children’s Internet Protection Act, and the Protecting Children in the 21st Century Act.
Procedures for the disabling or otherwise modifying any technology protection measures shall be the responsibility of Superintendent or designated representatives.
The Superintendent or designated representatives will provide age appropriate training for students who use the Ricardo Independent School District’s Internet facilities. The training provided will be designed to promote the Ricardo ISD’s commitment to:
a. The standards and acceptable use of Internet services as set forth in the Ricardo Independent School District’s Internet SafetyPolicy;
b. Student safety with regard to:
i. safety on theInternet;
ii. appropriate behavior while on online, on social networking Web sites, and in chat rooms; and
iii. cyberbullying awareness andresponse.
c. Compliance with the E-rate requirements of the Children’s Internet Protection Act
(“CIPA”).
Following receipt of this training, the student will acknowledge that he/she received the training,
understood it, and will follow the provisions of the District’s acceptable use policies.

LIMITATION OF LIABILITY
NEXT Steps will not be responsible for damage or harm to persons, files, data, or hardware.
While NEXT Steps employs filtering and other safety and security mechanisms, and attempts to ensure their proper function, it makes no guarantees as to their effectiveness.
NEXT Steps will not be responsible, financially or otherwise, for unauthorized transactions conducted over the school network.

NEXT Steps Acceptable Use Policy

INTRODUCTION
NEXT Steps recognizes that access to technology in school gives Students, Staff, and
Guests (henceforth: Users) greater opportunities to learn, engage, communicate, and
develop skills that will prepare them for work, life, and citizenship. We are committed to
helping Users develop 21st-century technology and communication skills. To that end, we
provide access to technologies for Users use. This Acceptable Use Policy outlines the
guidelines and behaviors that Users are expected to follow when using school technologies
or when using personally-owned devices on the school campus.
● The NEXT Steps network is intended for educational purposes.
● All activity over the network or using district technologies may be monitored and
retained.
● Access to online content via the network may be restricted in accordance with our
policies and federal regulations, such as the Children’s Internet Protection Act(CIPA).
● Users are expected to follow the same rules for good behavior and respectful conduct
online as offline.
● Misuse of school resources can result in disciplinary action.
● NEXT Steps makes a reasonable effort to ensure Users’ safety and security online, but
will not be held accountable for any harm or damages that result from use of school
technologies.
● Users of the district network or other technologies are expected to notify Ricardostaff
immediately of any concerns for safety or security.

TECHNOLOGIES COVERED
NEXT Steps may provide Internet access, desktop computers, mobile computers or
devices, videoconferencing capabilities, online collaboration capabilities, and more.
As new technologies emerge, NEXT Steps will attempt to provide access to them. The
policies outlined in this document are intended to cover all available technologies, not just
those specifically listed.

USAGE POLICIES
All technologies provided by the district are intended for education purposes. All Users are
expected to use good judgment and to follow the specifics of this document as well as the spirit
of it: be safe, appropriate, careful and kind; don’t try to get around technological protection
measures; use good common sense; and ask if you don’t know.
WEB ACCESS
NEXT Steps provides its Users with access to the Internet, including web sites, resources,
content, and online tools. That access will be restricted in compliance with CIPA regulations and
school policies. Web browsing may be monitored and web activity records may be retained
indefinitely.

SOCIAL/WEB 2.0 / COLLABORATIVE CONTENT
Recognizing the benefits collaboration brings to education, NEXT Steps may provide Users
with access to web sites or tools that allow communication, collaboration, sharing, and
messaging among users. Users should be careful not to share personally-identifying
information online.

MOBILE DEVICES POLICY
NEXT Steps may provide Users with mobile computers or other devices to promote learning
outside of the classroom. Users should abide by the same acceptable use policies when
using school devices off the school network as on the school network. Users are expected to
treat these devices with extreme care and caution; these are expensive devices that the
school is entrusting to your care. Users should report any loss, damage, or malfunction to
Ricardo staff immediately. Users may be financially accountable for any damage resulting
from negligence or misuse. Use of school-issued mobile devices off the school network may
be monitored.

PERSONALLY-OWNED DEVICES POLICY
Students should keep personally-owned devices (including laptops, tablets, smart phones, and
cell phones) turned off and put away during school hours—unless in the event of an emergency
or as instructed by a teacher or staff for educational purposes. Because of security concerns,
when personally-owned mobile devices are used on campus, they should not be used over the
school network without express permission from IT staff.

SECURITY
Users are expected to take reasonable safeguards against the transmission of security
threats over the school network. This includes not opening or distributing infected files or
programs and not opening files or programs of unknown or untrusted origin.

DOWNLOADS
Users should not download or attempt to download or run programs over the school network
or onto school resources without express permission from Ricardo staff. You may be able to
download other file types, such as images of videos. For the security of our network,
download such files only from reputable sites, and only for education purposes.

NETIQUETTE
Users should always use the Internet, network resources, and online sites in a courteous
and respectful manner. Users should also recognize that among the valuable content online
is unverified, incorrect, or inappropriate content. Users should use trusted sources when
conducting research via the Internet. Users should also remember not to post anything
online that they wouldn’t want parents, teachers, or future colleges or employers to see.
Once something is online, it’s out there—and can sometimes be shared and spread in ways
you never intended.

PLAGIARISM
Users should not plagiarize (or use as their own, without citing the original creator) content, including words
or images, from the Internet. Users should not take credit for things they didn’t create themselves, or
misrepresent themselves as an author or creator of something found online. Research conducted via the
Internet should be appropriately cited, giving credit to the original author.

PERSONAL SAFETY
Users should never share personal information, including phone number, address, social security number,
birthday, or financial information, over the Internet without adult permission. Users should recognize that
communicating over the Internet brings anonymity and associated risks, and should carefully safeguard the
personal information of themselves and others. Users should never agree to meet someone they meet
online in real life without parental permission. If you see a message, comment, image, or anything else
online that makes you concerned for your personal safety, bring it to the attention of an adult (teacher or
staff if you’re at school; parent if you’re using the device at home) immediately.

CYBERBULLYING
Cyberbullying will not be tolerated. Harassing, dissing, flaming, denigrating, impersonating, outing, tricking,
excluding, and cyberstalking are all examples of cyberbullying. Don’t be mean. Don’t send emails or post
comments with the intent of scaring, hurting, or intimidating someone else. Engaging in these behaviors,
or any online activities intended to harm (physically or emotionally) another person, will result in severe
disciplinary action and loss of privileges. In some cases, cyberbullying can be a crime. Remember that
your activities are monitored and retained.

I will:
✓ Use school technologies for school-related activities.
✓ Follow the same guidelines for respectful, responsible behavior online that I am expected
to follow offline.
✓ Treat school resources carefully, and alert staff if there is any problem with their operation.
✓ Encourage positive, constructive discussion if allowed to use communicative or
collaborative technologies.
✓ Alert a teacher or other staff member if I see threatening, inappropriate, or harmful content (images,
messages, posts) online.
✓ Use school technologies at appropriate times, in approved places, for educational pursuits.
✓ Cite sources when using online sites and resources for research.
✓ Recognize that use of school technologies is a privilege and treat it assuch.
✓ Be cautious to protect the safety of myself and others.
✓ Help to protect the security of school resources.

I will not:
✓ Use school technologies in a way that could be personally or physically harmful.
✓ Attempt to find inappropriate images or content.
✓ Engage in cyberbullying, harassment, or disrespectful conduct toward others.
✓ Try to find ways to circumvent the school’s safety measures and filtering tools.
✓ Use school technologies to send spam or chain mail.
✓ Plagiarize content I find online.
✓ Post personally-identifying information, about myself or others.
✓ Agree to meet someone I meet online in real life.
✓ Use language online that would be unacceptable in the classroom.
✓ Use school technologies for illegal activities or to pursue information on such activities.
✓ Attempt to hack or access sites, servers, or content that isn’t intended for my use.

INTERNET SAFETY TRAINING
NEXT Steps will provide age-appropriate training for Users who use the NEXT Steps Internet facilities.
The training provided will be designed to promote the schools commitment to: The standards and
acceptable use of Internet services as set forth in the NEXT Steps Internet Safety Policy; Student safety
with regard to:
✓ safety on the Internet; sexting
✓ appropriate behavior while on online, on social networking Web sites, and in chat rooms; and
✓ cyberbullying awareness and response.
✓ Compliance with the E-rate requirements of the Children’s Internet Protection Act (“CIPA”).

Following receipt of this training, the User will acknowledge that he/she received the training, understood
it, and will follow the provisions of the District’s acceptable use policies.
NEXT Steps will not be responsible for damage or harm to persons, files, data, or hardware.
While NEXT Steps employs filtering and other safety and security mechanisms, and attempts to ensure their
proper function, it makes no guarantees as to their effectiveness.

NEXT Steps will not be responsible, financially or otherwise, for unauthorized transactions conducted
over the school network.
Violations of this Acceptable Use Policy
Violations of this policy may have disciplinary repercussions, including:
● Suspension of network, technology, or computer privileges
● Notification to parents
● Detention or suspension from school and school-related activities
● Legal action and/or prosecution
Violations of this Internet Safety Policy
Violations of this policy may have disciplinary repercussions, including:
● Suspension of network, technology, or computer privileges
● Notification to parents
● Detention or suspension from schooland school-related activities
● Legal action and/orprosecution

Live Event Policies

Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.

IF YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS ON THIS ENTIRE PAGE, DO NOT ATTEND OUR EVENT.
2. Minors (CIPA – Compliant Internet Safety Policy)
NEXT Steps recognizes that access to technology in school gives students greater opportunities to learn, engage, communicate, and develop skills that will prepare them for work, life, and citizenship. We are committed to helping students develop 21st-century technology and communication skills. To that end, we provide access to technologies for student, staff, parent, visitor, and community use.
It is the policy of The NEXT Steps Youth Entrepreneur Program to:
(a) prevent user access over its computer network to, or transmission of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications;
(b) prevent unauthorized access and other unlawful online activity;
(c) prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and
(d) comply with the Children’s Internet Protection Act [Pub. L. No. 106-554 and 47 USC 254(h)].

3. Filming and Photography
The training environments NEXT Steps programs use and create for learning and engagement activities will be filmed, recorded and photographed. If you enter into a venue that is conducting a NEXT Steps learning and engagement activity, your voice and image will be recorded.
If you do not want to be on film, in a photograph or a part of any other media form – Do not enter any NEXT Steps training environment.
If you do not want your image to be filmed or recorded, — do not attend any NEXT Steps live events.
I do hereby give my assigns, licensees, and legal representatives the irrevocable right to use my name (or any fictional name), picture, portrait, recorded voice or photograph in all forms and media and in all manners, including composite or distorted representations, for advertising, trade, or any other lawful purposes, and I waive any right to inspect or approve the finished version(s), including written copy that may be created in connection therewith. I have read this release and am fully familiar with its contents.
The NEXT Steps Youth Entrepreneur Program has the right to reproduce my image, voice and interviews through any media, at this venue or elsewhere, for advertising, testimonials, trade films, web films, articles, books, audio, video tape, movie film, etc.
I agree that I will not assert or maintain against you, your successors, assigns and licensees, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to, those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any other reason in connection with your authorized use of my physical likeness and sound in the documentary as herein provided. I hereby release you, your successors, assigns and licensees, and each of them, from and against any and all claims, liabilities, demands, actions, causes of action(s), costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which I ever had, now have, or may, shall or hereafter have by reason, matter, cause or thing arising out of your use as herein provided.

4. Liability Waiver
By attending a NEXT Steps live event in any capacity you agree that Organizer (The NEXT Steps Youth Entrepreneur Program) is not liable for any personal injury, death, theft or other incidents that may occur at the event. The Organizer is not liable for any harassing, defamatory, illegal or improper conduct or remarks by the celebrities or speakers at the event.

5. License Agreement
The NEXT Steps Youth Entrepreneur Program (“NEXT Steps” or “Licensor”) grants the registered user of NEXT Steps’ Online Training Academy Group Package (“Licensee”) a limited, non-exclusive, license to use the NEXT Steps’ Money Guide for Young Entrepreneurs Curriculum & STEAM Education Micro-Credentialing Program (“Program”). This license is non-transferable and is limited to the Licensee that registered for the Program in accordance with the terms below.
The NEXT Steps retains the copyright and all rights not expressly granted to Licensee. In consideration for the rights granted under this Organization License Agreement (“Agreement”), the Licensee agrees to be bound to the terms herein and agrees that this License shall govern the rights and obligations of the Licensor and Licensee.

6. License Acceptance.

7. The End User accepts the Organization License Agreement by doing any of the following:
a) Logging onto the Licensees Programs and Training webpage.
b) Receiving any Program material sent electronically or via other delivery methods to the Licensee by the Licensor or the Licensor’s third party distributors, product fulfillment companies or personnel.
c) Downloading any of the Training or Program material.
d) Signing and returning this Agreement.

2. Authorized End User. This Agreement applies to the person registered that is identified through the name and email address entered when registering for the Program and can be defined as a single individual that will utilize this material (“End User”). The End User is responsible to notify others within their organization that they are bound by the terms of this Agreement. The Licensee may change the End User by notifying NEXT Steps within seven (7) days of the purchase.

3. License Granted. This licensing agreement is for a non-exclusive, revocable license to use content for non-commercial education purposes.
a) License may make up to 50 copies of the Activity Worksheets associated with the free material provided through the Program. Additional copies may be requested by purchasing Activity Worksheets from our website at www.nextstepsyep.org.
b) No copies may be made of the Instructor Guides, Lesson Guides or PowerPoint presentations.
4. Prohibited Uses. The Licensee recognizes and agrees that the Program, Training and Presentations are the property of the Licensor, NEXT Steps Youth Entrepreneur Program, and are copyrighted. The Program contains proprietary information of The NEXT Steps Youth Entrepreneur Program and the Licensee may not do any of the following:
a. Copy, reproduce, display, share or disclose information other than as consistent with the License Granted section of this Agreement.
b. Sell, transfer, license, rent, sublicense, repurpose, combine or adapt the Programs or use them in any manner not expressly authorized by this agreement.
c. Remove or alter the copyright notice or other legal disclaimers contained within the Program, Training or Presentations.
d. Licensees may not conduct virtual events with any NEXT Steps Presentations.
e. Licensee may videotape themselves using Licensed Presentations. The total of all video clips shown to the public are limited to five (5) total minutes of the Licensed material unless pre-approved by Licensor.
f. Credit card companies, the federal reserve or lenders whose main business is in high-interest rate loans (defined as above 18% APR) or those being sponsored by these organizations are strictly prohibited from using the Material, NEXT Steps name or any other service provided by NEXT Steps without written permission.

5. Name Usage. The Licensee has approval from NEXT Steps to mention NEXT Steps’ name and/or other branded material which includes but is not limited to NEXT Steps, Money Guide for Young Entrepreneurs, Community On Demand, Community On Demand Campaign, The Pop Shop, Digital Badge & Skillcoin Rewards System, STEAM Education Trading Cards & eGift Cards, Junior Executive Management (JEM) Teams, and The STEAM Investigative Process. When naming all NEXT Steps name branded material End User must mention NEXT Steps or National Financial Educators Council. For example, the NEXT Steps’ Money Guide for Young Entrepreneurs. End User must use the name in marketing, press releases, outreach efforts, email blasts, direct mailers, television advertisements, internet marketing and all forms of media, outreach and marketing. Licensee is not permitted to use any of the Licensors name or branded names or similar names in conjunction with any domain names or corporate names.

6. Assignment. Recipient may not assign its rights, duties or obligations under this Agreement without the prior written approval of the NEXT Steps. NEXT Steps shall have the right to transfer its interest in this Agreement without the consent of the End User.

7. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Georgia, without regard to conflicts of law principles.

8. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

9. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

10. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

If to Licensee:
Information will be sent to address on file for Licensee as provided.
If to Licensor:
Eagles Economic Community Development Corporation
c/o The NEXT Steps Youth Entrepreneur Program
4910 Jonesboro Road
Suite 500
Union City, Georgia 30291

11. Entire Agreement. This Agreement constitutes the entire agreement between NEXT Steps and End User, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

12. No Earnings Projections, Promises or Representations. Licensee understands and agrees that there are important risk factors that should be considered by you when deciding whether to implement any of the strategies or techniques taught in this financial education course.

NSSBI & NSYEP Books Terms of Use

1. CONTRACT. The ordering or acceptance of any Products (defined in section 23 below) purchased from The NEXT Steps Small Business Incubator & The NEXT Steps Youth Entrepreneur Program Publishing Company (NSSBI & NSYEP) or its applicable subsidiaries or affiliates (collectively, “NSSBI & NSYEP”) by any purchaser (each a “Purchaser”) shall constitute an agreement to these standard terms and conditions set forth herein (the “Terms”). These Terms, together with those terms  included in NSSBI & NSYEP’s Trade Division’s published Terms of Sale (“Terms of Sale”),  (if applicable to Purchaser’s purchase), collectively constitute the sole agreement between the parties relating to the subject matter hereof, except for any agreements, amendments, or waivers agreed to in writing by both NSSBI & NSYEP and Purchaser. Any contrary or inconsistent terms to these Terms appearing on purchase orders, acknowledgments, or other documents of Purchaser or oral stipulations shall not be binding on NSSBI & NSYEP.
2. BILLING AND PAYMENT. All amounts owing from Purchaser to NSSBI & NSYEP with respect to any Products purchased from NSSBI & NSYEP are due within the time period specified on the applicable Terms of Sale. Accounts must be current before subsequent shipments will be made. Purchaser credit limits may be established and modified by NSSBI & NSYEP in its sole discretion. Past due accounts are subject to a one percent (1%) monthly finance charge. Unless a set-off or deduction is specifically provided for by NSSBI & NSYEP in a valid credit memo, Purchaser may not charge back to NSSBI & NSYEP or make any set-offs or deductions, including, but not limited to, set-offs or deductions for violations of customer shipping or routing guidelines and/or other promotional programs. NSSBI & NSYEP shall process any credit to Purchaser’s account in accordance with NSSBI & NSYEP’s standard practices and procedures. For any payments made by credit card, Purchaser represents and warrants that it will not use any credit card or other form of payment unless Purchaser maintains all necessary legal authorization to do so. If NSSBI & NSYEP does not receive payment from Purchaser’s credit card issuer or its agent, Purchaser agrees to pay all amounts due upon demand by NSSBI & NSYEP or its agents. Unless Purchaser notifies NSSBI & NSYEP of any discrepancies within sixty (60) days after they first appear on Purchaser’s credit card statement or NSSBI & NSYEP invoice, Purchaser agrees that they will be deemed accepted by Purchaser for all purposes, unless otherwise required by applicable law.
3. SHIPPING; HANDLING; RISK OF LOSS. Unless otherwise expressly indicated on the face of an order or within the applicable Terms of Sale, the shipping term for all deliveries for which Purchaser pays freight costs is F.O.B. NSSBI & NSYEP’s shipping point (whether to a NSSBI & NSYEP or third party facility). Risk of loss and title is passed to Purchaser upon transfer of the Products to the carrier. For deliveries shipped freight free, the shipping term is F.O.B. Purchaser’s destination. Shipping costs quoted are estimates and may vary from the actual costs. NSSBI & NSYEP will ship Products (defined in section 24 below) using its established methods of packing and transportation, except as otherwise instructed by Purchaser and agreed to by NSSBI & NSYEP. If Purchaser requires other packing or preparation, Purchaser will pay the additional costs. Customer assumes full liability for the materials upon freight leaving our distribution center dock.
4. ACCEPTANCE, PRICES, AND TERMS. Orders for Products are subject to acceptance and availability. NSSBI & NSYEP’s list prices and other terms shown are subject to change without notice.
5. REJECTION. Purchaser may, immediately on receipt of any incorrect titles or damaged or defective Products, reject and return them to NSSBI & NSYEP, with authorization from NSSBI & NSYEP and at NSSBI & NSYEP’s expense. Purchaser assumes, and shall bear and pay, all risks and expenses of returning any such Products without NSSBI & NSYEP’s authorization. Shortages, damaged Products or incorrect titles must be reported within thirty (30) days of receipt of shipment. In the event of a shortage, NSSBI & NSYEP shall ship the items or credit Purchaser’s account for the shortfall. For damaged Products, NSSBI & NSYEP shall pick up the Products and issue an appropriate credit or ship replacement Products. For Products showing visible damage on the shipping carton, the carrier must note damages on the freight bill before accepting delivery. Merchandise damaged in transit must be reported to the carrier immediately. All original shipping cartons, packing slips, packing materials and damaged Products must be saved until they have been inspected or Purchaser’s claim has be resolved.
6. CUSTOMER RETURNS. Except for Products sold on a non-refundable basis, Purchaser may return, at Purchaser’s risk and expense, purchased Products in accordance with the returns provisions of the applicable Terms of Sale.  Purchaser assumes, and shall bear and pay, all risks and expenses of returning any such Products. If Purchaser returns any Product that is damaged by Purchaser, used or otherwise ineligible for credit for any reason specified in our policy, NSSBI & NSYEP has the right to dispose of it without any further obligation, including, without limitation, notice, credit obligation or obligation to return it to the account.
7. TAXES. Where appropriate, Purchaser shall provide NSSBI & NSYEP with a duly executed tax certificate indicating that such purchase is for exemption or resale and listing Purchaser’s sales tax registration number for each state into which NSSBI & NSYEP’s Products will be delivered. NSSBI & NSYEP shall have no liability for any tax required to be billed, collected, and/or remitted by Purchaser as a result of sales of Products made by Purchaser, and Purchaser shall defend, indemnify, and hold harmless NSSBI & NSYEP against all losses, penalties, interest, and expense (including reasonable attorneys’ fees) arising out of any claims relating to such liability for taxes.
8. CHANGES CANCELLATION AND DEFAULT. NSSBI & NSYEP may make changes in quantities, case packs, specifications, delivery schedules, method of shipment, and packaging, and may cancel or terminate work on any order for its own convenience, in whole or in part, by written or electronic notice at any time. Any changes to orders requested by Purchaser may be approved or rejected in NSSBI & NSYEP’s sole and absolute discretion. If the Products purchased from NSSBI & NSYEP are not as described, Purchaser’s sole remedy is to return it in unused condition, complete and undamaged, in the original packaging. In the event of any default or breach by Purchaser of these Terms, NSSBI & NSYEP will have available all remedies under applicable law.
9. NO RESPONSIBILITY TO SELL MISPRICED MERCHANDISE. NSSBI & NSYEP does its best to describe every product offered as accurately as possible. However, NSSBI & NSYEP does not warrant that the Products, specifications, pricing, or other content we provide in catalogs or elsewhere is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any Products, NSSBI & NSYEP shall have the right to refuse or cancel any orders in its sole discretion. If NSSBI & NSYEP charged Purchaser’s credit card prior to cancellation, NSSBI & NSYEP will issue a credit to Purchaser’s credit card account in the amount of the charge.
10. RECALLS. In the event a Product is the subject of a recall by NSSBI & NSYEP, NSSBI & NSYEP shall be responsible only for, at NSSBI & NSYEP’s election: (a) supplying Purchaser with corrected versions of the recalled Product(s) in a quantity equal to the quantity recalled; or (b) reimbursing Purchaser for the costs paid by Purchaser to NSSBI & NSYEP for such Products upon the return thereof.
11. COMPLIANCE WITH LAWS. Purchaser shall comply with all applicable laws and regulations applicable to the purchase and use of Products and/or the resale of Products.
12. NSSBI & NSYEP’S INTELLECTUAL PROPERTY RIGHTS. The intellectual property contained in the Products (and any derivative works based on the Products) is confidential and/or proprietary information of NSSBI & NSYEP or its licensors and is protected by copyright and other intellectual property rights.
13. PURCHASE AUTHORIZATION. By ordering Products, Purchaser represents and warrants that it has complied with any and all of its own requirements necessary to authorize the purchase. Purchaser is solely responsible for all purchase decisions, including ensuring the compatibility and suitability of all Products.
14. EQUAL OPPORTUNITY CLAUSE. Pursuant to Presidential Executive Order 11246, as amended by Presidential Executive Order 11375, the Vietnam Era Veterans’ Readjustment Act of 1974 and the Rehabilitation Act of 1973 as amended, NSSBI & NSYEP does not and Purchaser shall not engage in any discriminatory practices based on race, color, religion, national origin, or physical or mental handicap. To the degree they are applicable, the following provisions are incorporated herein by reference and are binding upon NSSBI & NSYEP and Purchaser as if set forth fully at length herein: 41 CFR 60-1.4; 41 CFR 60-250.4 and 41 CFR 60-741.4.
15. FORCE MAJEURE. NSSBI & NSYEP shall not be deemed in default of its obligations to Purchaser to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials and supplies, or any other cause beyond its reasonable control.
16. SOLVENCY. By ordering and accepting delivery of Products, Purchaser represents to NSSBI & NSYEP that Purchaser is solvent and will make payment in full when due for such Products in accordance with the applicable invoice. In the event that the Purchaser orders and/or accepts delivery of any Products while insolvent, Purchaser shall immediately return all such Products to NSSBI & NSYEP, and any and all Products en route to Purchaser at such time shall be returned immediately upon Purchaser’s receipt thereof. Events which shall be deemed to establish Purchaser’s insolvency include, but are not limited to, the filing of a bankruptcy petition by or against Purchaser and/or Purchaser’s admission of its inability to pay its debts when due.
17. CLAIMS. All claims relating to any shipment and/or applicable invoice and/or Products must be made in writing within 30 days of the date of the invoice. Any request for proof of delivery must be made within 30 days of the date of the invoice.
18. INDEMNIFICATION. To the extent allowed by law and subject to the right of Purchaser to raise the defense(s) of sovereign governmental or qualified immunity against third party claims, Purchaser will indemnify, defend and hold harmless NSSBI & NSYEP, its parent companies, subsidiaries, affiliates, directors, officers and employees from any third party claims, causes of action, damages, costs, liabilities or expenses that arise from a breach of these Terms or from improper, illegal or unauthorized use, distribution or operation of the Products.
19. DISCLAIMER OF WARRANTIES AND INDEMNITIES; LIMITATION OF LIABILITY. ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND NSSBI & NSYEP EXPRESSLY EXCLUDES THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. PURCHASER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS NSSBI & NSYEP AND ITS PARENT, AFFILIATES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE OUTSIDE ATTORNEYS’ FEES AND EXPENSES) INCURRED IN DEFENDING ANY CLAIM, JUDGMENT OR PROCEEDING RELATING TO OR ARISING OUT OF: (I) PURCHASER’S BREACH OR ALLEGED BREACH OF ITS REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND AGREEMENTS CONTAINED IN THESE TERMS; AND/OR (II) THE DISTRIBUTION, RESALE AND PROMOTION OF PRODUCTS BY PURCHASER. NSSBI & NSYEP WILL HAVE THE RIGHT TO CONTROL THE DEFENSE AND SETTLEMENT OF ANY CLAIMS SUBJECT TO INDEMNIFICATION HEREIN. NSSBI & NSYEP SHALL HAVE NEITHER LIABILITY NOR RESPONSIBILITY TO ANY PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE ARISING FROM THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, NSSBI & NSYEP’S FAILURE OR ALLEGED FAILURE TO FILL ORDERS BY PURCHASER IN WHOLE OR IN PART. IN NO EVENT SHALL NSSBI & NSYEP BE LIABLE TO PURCHASER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, WARRANTY OR OTHERWISE, AND REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NSSBI & NSYEP’S TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID OR PAYABLE BY PURCHASER DURING THE MOST RECENT TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
20. SEVERABILITY. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of the Terms shall remain in force and in effect and be construed so as to best effectuate the intention of the parties. The waiver of one default shall not waive subsequent defaults of the same or different kind.
21. JURISDICTION; VENUE; CHOICE OF LAW. THE STATE COURTS OF THE STATE OF GEORGIA SITTING IN SUFFOLK COUNTY AND, IF THE JURISDICTIONAL PREREQUISITES EXIST AT THE TIME, THE UNITED STATES DISTRICT COURT FOR GEORGIA SHALL HAVE THE SOLE AND EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ANY DISPUTE OR CONTROVERSY ARISING UNDER OR CONCERNING THIS CONTRACT. THIS CONTRACT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, WITHOUT REFERENCE TO ITS PRINCIPLES OF CONFLICTS OF LAWS, EXCEPT THAT FOR GOVERNMENTAL CUSTOMERS IN THE UNITED STATES THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE GOVERNMENT AGENCY PURCHASER IS LOCATED.
22. EXPORT. Import duties, taxes and customs clearance fees relating to Products shipped outside the United States will be borne by Purchaser. Export laws and regulations of the United States apply to all Products. Purchaser agrees to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). For Products exported outside the United States, Purchaser agrees that it will not import or allow a third party to import such Products into the United States.
23. CERTAIN DEFINITIONS. “Product(s)” means books, professional development products, CDs, DVDs, videos, other audio/ video/multimedia products, subscription services, software licenses and any other products that Purchaser may acquire from NSSBI & NSYEP, all in tangible form.