Effective as of August 7, 2019
These Terms of Use describe the terms under which Next 10 ("Next 10," "we," "our," or "us") provides the next10.org, budgetchallenge.org, compare50.org, cawaterchallenge.org, californiachoices.org, and carbonchallenge.org websites, and our other websites and online services that reference these Terms of Use (the "Services").
1. INTRODUCTION
By using the Services, you accept Next 10’s Terms of Use and the following additional terms, conditions, and policies, which are incorporated herein by reference: Privacy Policy – http://next10.org/privacy-policy; Copyright Policy – http://next10.org/copyright-policy.
Changes and Modifications. We may change or amend these terms from time to time. If we make material changes to our terms, we will notify you that our terms have changed, either through the user interface, in an email message, or through other reasonable means. Your use of the Services after the date such change(s) become effective will constitute your consent to the changed terms. If you do not agree to the change(s), you must immediately stop using the Services; otherwise, the new terms will apply to you. As long as you comply with this Agreement, Next 10 grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights or licenses, implied or otherwise.
Third-Party Content. The Service may contain user-submitted content, and links to other affiliated or independent third-party websites. Next 10 is not responsible for – and does not necessarily endorse the content or practices of third parties, including any information or materials contained on such Linked Sites.
2. DESCRIPTION OF SERVICES
General Description. Next 10 is focused on innovation and the intersection between the economy, the environment, and quality of life issues for all citizens. We create tools and provide information that fosters a deeper understanding of the critical issues affecting all citizens. Through education and civic engagement, we hope citizens will become empowered to affect change.
Age restrictions. Next 10 does not permit users younger than 13 to use the Service, and does not knowingly collect information from children under 13 years of age. Users between 13 and 18 years of age may utilize an account established by their parent or legal guardian, or may otherwise use the Service, only with such parent or guardian’s approval, and only if no parental consent beyond that contemplated in these Terms of Use is required in your jurisdiction. If you permit your child or legal ward between 13 and 18 years of age (“Child”) to use the Services, you hereby agree to these Terms of Use on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Service by your Child regardless of whether such use was authorized by you.
3. USER CONDUCT
While using the Services, you agree that you will NOT:
- Use the Service for any commercial purpose, or use any automated means to access or retrieve information from the Service.
- Upload, post, transmit, or otherwise make available any content that is intended to – or does – support or oppose any candidate for public office.
- Use the Service for any illegal or unauthorized purpose. You agree to comply with all laws in all applicable jurisdictions (including your own jurisdiction) regarding online conduct and acceptable content.
- Use the Service to harass, threaten, impersonate, or intimidate anyone.
- Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Upload, post, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual's right to publicity or privacy.
- Upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation. • Upload, post, email, transmit, or otherwise make available any malware, adware, spyware, viruses or any software of a destructive or malicious nature.
- Copy, modify, create a derivative work based on, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or any part thereof.
- Attempt to access the Service if your access has been suspended, revoked or terminated.
Any violation of the above rules will constitute a material breach of these Terms of Use, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of the Services.
4. USER-SUBMITTED CONTENT
The Services may allow users or other third parties to submit or post content, or may otherwise host content provided by third parties (collectively, "User Content"). Any User Content contained on the Services represents the opinion of that user only. No User Content made available through the Services should be taken as a statement by or from Next 10, or its subsidiaries, directors, officers, employees, or licensors.
User Content must be truthful; non-commercial in nature; may not contain advertising for any kind of product; and must not support or oppose any candidate for public office. All User Content posted must be your original work, or properly permissioned and credited. You are solely responsible for all User Content that you publish or disseminate using the Service.
When you upload or otherwise provide User Content to or through the Service, you retain ownership of any copyright (and any other rights) you hold in your User Content. You also represent and warrant – with respect to all User Content that you submit or otherwise make available through the Service – that (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, and/or otherwise exploit such User Content in connection with the Service, and to grant to Next 10 the rights and licenses set forth in this Agreement; and (b) the User Content will not infringe or otherwise violate the copyright, trademark, or any other right of any third party.
You agree to grant – and hereby do grant – to Next 10 and its successors, assigns, licensees and third party service providers a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform all User Content in any medium and by any means currently existing or yet to be devised, throughout the world and for any and all purposes, including commercial purposes.
Next 10 does not guarantee access to and/or hosting of User Content that is shared through the Service, and may disable, remove or discontinue hosting any content at any time, and for any reason or no reason.
5. INFRINGEMENT COMPLAINTS
If you believe that any user of the Services is infringing your intellectual property rights, please contact us at copyright@next10.org. You may review our IP policy for more information about how to properly notify us about claimed infringement, at http://next10.org/copyright-policy.
Next 10 Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, "Next 10 Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Next 10 Content, contained in the Service is owned, controlled, or licensed by or to Next 10, and is protected by trade dress, copyright, patent, and/or trademark laws, and various other intellectual property and other rights. Your User Content (as defined above) is owned by you, and is not Next 10 Content.
Except as expressly provided in this Agreement or otherwise permitted by law, no Next 10 Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Next 10's express prior written consent.
Research Content
The Services may contain reports, charts and graphics reflecting research on important public policy issues affecting citizens (the “Research Content”). If such content specifically states that Next 10 is the copyright owner, you may copy and distribute unmodified versions on social media without asking for specific prior written permission, provided that you attribute the content to Next 10, and provide a link to the website where you obtained the content. Any other use (including without limitation use in any blog post, article, paper or book – or any commercial use) requires the express prior permission of Next 10. If you would like to request such permission, please contact us at info[at]next10.org, or at our mailing address below.
Next 10 does not have the ability to grant permission for you to use all of the Research Content that appears on the site (for example, the University of California is the copyright owner of its reports). Doctrines like the copyright fair use doctrine may permit you, in certain circumstances, to make use of these works, but we cannot advise you on whether or not these doctrines may apply to your particular use. If you have any doubt about whether you need permission to make a certain use, please contact the copyright owner directly.
If you make use of any content obtained from a Next 10 website, do not remove any attribution information that may accompany the content, and link back to the website you obtained the content from, in addition to attributing the work to its author(s).
7. VIOLATION OF THIS AGREEMENT - TERMINATION
You agree that Next 10 may, in its sole discretion and without prior notice, immediately terminate your access to the Services and/or block your future access to the Services at any time and for any reason, including if it determines that you have violated this these Terms of Use or any other agreements or guidelines that may be associated with your use of the Services. Please note that it is Next 10’s policy to terminate the accounts of users who violate the copyrights, trademark rights, or other rights of third parties.
If Next 10 takes any legal action against you as a result of your violation of these Terms of Use, Next 10 will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Next 10. You agree that Next 10 will not be liable to you, or to any third party, for termination of your access to the Service.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEXT 10 AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS (THE "NEXT 10 AFFILIATES") EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NEXT 10 AND THE NEXT 10 AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) USER CONTENT WILL BE HOSTED AND/OR DISTRIBUTED THROUGH THE SERVICES; (iv) ANY PRODUCTS, WEBSITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (v) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULT FROM THE DOWNLOADING FROM, VIEWING, SHARING, OR OTHERWISE ACCESSING THE SERVICES. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXT 10 ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING USER CONTENT, IS SOLELY THE OPINION OF THE PARTY RESPONSIBLE FOR ITS CREATION. NO SUCH CONTENT, INCLUDING USER CONTENT, AND NO STATEMENT MADE BY, ON, OR THROUGH THE SERVICE SHALL BE ATTRIBUTABLE TO NEXT 10 OR THE NEXT 10 AFFILIATES.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEXT 10 AND THE NEXT 10 AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU AS A RESULT OF (i) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES; (ii) ANY CHANGES THAT NEXT 10 MAY MAKE TO THE SERVICES; (iii) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICES; OR (iv) THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT MAINTAINED THROUGH THE SERVICES. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEXT 10 AND THE NEXT 10 AFFILIATES SHALL NOT BE LIABLE FOR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE LIABILITY OF NEXT 10 AND THE NEXT 10 AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. INDEMNIFICATION
You agree to defend, indemnify and hold Next 10 and/or the Next 10 Affiliates harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including without limitation attorneys' fees) that arise directly or indirectly out of or from: (i) your violation of these Terms of Use, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Content; and (iv) any activity related to access to or use of your account by you or any other person. Next 10 reserves the right, but has no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. GENERAL TERMS
Entire Agreement. This Agreement is the entire legal agreement between you and Next 10. It governs your use of the Service and completely replaces any prior agreements between you and Next 10 with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from Next 10 and/or its affiliated services.
Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to its conflicts of laws provisions.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this section carefully. It affects your rights.
Summary:
Most disputes can be resolved informally. If you have a concern, please contact us. In the unlikely event that we are unable to resolve your concern to your satisfaction (or if we haven’t been able to resolve a dispute that Next 10 has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. Whether to agree to arbitration is an important decision, and in making it you should not rely solely on the information in this agreement. You may opt out of this arbitration provision by following the instructions below.
Arbitration Agreement:
(1) Next 10 and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under any statute, regulation, or legal or equitable theory. It includes, but is not limited to:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
- Claims that are currently the subject of purported class action litigation in which you aren't a member of a certified class; and
- Claims that may arise after the termination of this Agreement.
References to "Next 10", "you", "we", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court if its claims are within that court’s jurisdiction and are pending only in that court. You agree that, by entering into this Agreement, you and Next 10 are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Use.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Next 10 should be addressed to: 300 Brannan Street, Suite 402, San Francisco, California 94107 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Next 10 and you don't reach an agreement to resolve the claim within 30 days after the Notice is received, you or Next 10 may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Next 10 or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Next 10 is entitled.
(3) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 800.778.7879.
The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of the arbitration provision. Unless Next 10 and you agree otherwise, any arbitration hearings will take place San Francisco, California. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(4) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND NEXT 10 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. Further, unless both you and Next 10 agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(5) Notwithstanding any provision in this Agreement to the contrary, we agree that if Next 10 makes any future change to this arbitration provision (other than a change to the Notice Address) during the term of these Terms of Use, you may reject any such change by sending us written notice within 30 days of change to the Notice Address provided above. By rejecting any future change, you're agreeing that you'll arbitrate any dispute between us in accordance with this provision.
(6) HOW TO OPT OUT OF ARBITRATION: You may opt out of this arbitration provision by sending a letter to the Notice Address referenced above, and providing each of the following pieces of information: (a) your full name; (b) your address; (c) your phone number; (d) the URL where you found this agreement; and (e) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these Terms of Use.
(7) If for any reason a claim proceeds in court rather than in arbitration, you agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco, California, and waive any objection to such jurisdiction or venue.
Statute of Limitations. You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of this Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Next 10 does not exercise or enforce any legal right or remedy, including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. Next 10 may assign or delegate all rights and obligations under this Agreement at any time, fully, or partially.
Notices. Next 10 may provide you with notices, including those regarding changes to the Agreement, by postings to the Service. Next 10's mailing address is 300 Brannan Street, Suite 402, San Francisco, California 94107. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at support@next10.org or at our mailing address.