Terms of Service
Last updated: March 30, 2020
1. ACCEPTANCE OF TERMS OF SERVICE These Terms of Service (these “Terms” or “Terms of Service”) are between you and Next Step Interactive, Inc. (“Next Step”, “we”, “our” or “us”), and govern your access to and use of the website located at covidcert.nextstep.careers (the “Site”).
THE INFORMATION PRESENTED ON THE SITE AND ANY INFORMATION TRANSMITTED TO YOU IN CONNECTION WITH YOUR USE OF THE SITE IS NOT INTENDED TO AND DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE RELIED UPON AS THE BASIS OF ANY HEALTH CARE DECISION. IF YOU HAVE ANY MEDICAL CONCERNS, PLEASE CONTACT YOUR PHYSICIAN OR YOUR EMPLOYER.
2. GENERAL CONDITIONS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and, if applicable, you have given us your consent to allow any of your minor dependents to use this Site. You may not use this Site if you are under the age of majority (which is 18 in most states) without the consent or involvement of your parent(s) or guardian(s). The Site is intended for use only by persons who have reached their age of majority or older who have the capacity to form a binding contract. We do not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act from children under 13 via our Site, and do not target our Site to children under 13. We encourage parents and guardians to take an active role in their children’s online activities and interests.
3. CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, remove, add to, or otherwise change or replace any part of these Terms of Service by posting updates and/or changes here. It is your responsibility to check this page periodically for changes to the Terms of Service. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of any changes to the Terms of Service.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION NextStep does not rent or sell Personal Information that we collect from users to third parties. NextStep will disclose personal information when you post content which is visible to others through the Services, when you consent or instruct us to share your personal information with third parties, such as potential employers, or when we have a legitimate business or legal need to share your information. We may also disclose anonymous or aggregate information that does not reasonably identify you as an individual. Our sharing and disclosure practices are described in more detail below.
5. ACCESS TO AND USE OF THE SITE
5.1 License Grant to You. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely in accordance with the terms and conditions of these Terms of Service. All rights not expressly granted in these Terms of Service are reserved by us. Unless expressly authorized by Next Step, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, the Site or any of the Next Step Content (defined below) without our express, written consent.
5.2 Restrictions on Your Access to and Use of the Site. In connection with your access to or use of the Site, you are prohibited from:
- accessing data not intended for you or logging onto a server which you are not authorized to access;
- using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Site, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Explorer);
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on or through the Site;
- attempting to probe, scan or test the vulnerability of a Next Step system or network or to breach security or authentication measures;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or through the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works of our software or Next Step Content, or any content that is not your own;
- distributing viruses, malicious code, malware or any other technologies that may harm the Site or any user of the Site;
- violating or circumventing any applicable laws or regulations, or any technical measures, security measures or policies of the Site;
- violating, infringing, or breaching the rights of Next Step or a third-party, including, but not limited to, any copyrights, trademark rights, patent rights, trade secret rights, rights of publicity or personality, moral rights, or any other proprietary rights; or
- submitting to or through the Site any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or content.
Violations of system or network security may result in civil or criminal liability. Next Step will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
5.3 User Content and License Grant to Us. When you transmit any information, content, materials or data to or through the Site (“User Content”), you are not forfeiting any ownership rights you may have in the User Content. However, by submitting User Content on or through the Site, you grant to Next Step a non-exclusive, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to use, copy, record, distribute, reproduce, disclose, sublicense (through multiple levels), modify, adapt, display, publicly perform, transmit, publish, broadcast, translate, and make derivative works of all or any portion of the User Content you upload to, publish or share through the Site, solely for the purpose of providing the services contemplated to be provided to you under these Terms of Service. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you transmit, and that our use of such User Content as authorized under these Terms of Service do not violate or infringe upon the rights of any person or entity. In the event of any loss of or damage to your User Content, your sole and exclusive remedy shall be for us to make reasonable commercial efforts to restore the lost or damaged User Content. Next Step will not be responsible for any loss, destruction, alteration or disclosure of your User Content caused by any third party.
6. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS The Site and all information, content, and materials offered on or through the Site, including, but not limited to, text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Site or accessible through the Site, other than User Content (collectively, “Next Step Content”), is the property of Next Step or its licensors. No title to or ownership in any Next Step Content is transferred to you by way of these Terms of Service or otherwise. The NEXT STEP trademark and the Next Step logo are trademarks of Next Step. The Site, the Next Step Content, and the NEXT STEP and Next Step logo trademarks are protected by copyright, trademark, and/or other intellectual property laws.
7. THIRD PARTIES; THIRD-PARTY CONTENT AND THE SITE References on the Site or through the Site to any third parties or any websites, products or services of such third parties, are provided solely as a convenience to you. We do not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their websites, products or services. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
8. DISCLAIMER OF WARRANTY THE SITE IS PROVIDED BY NEXT STEP ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEXT STEP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXT STEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. NEXT STEP DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF SERVICE, AND YOU ACKNOWLEDGE THAT NEXT STEP WOULD NOT HAVE ENTERED INTO THESE TERMS OF SERVICE WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.
9. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL NEXT STEP, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS (THE “NEXT STEP PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF THE NEXT STEP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL THE NEXT STEP PARTIES BE LIABLE FOR ANY LOSSES OR DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU (IF ANY) IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. INDEMNIFICATION You agree to defend, indemnify and hold harmless the Next Step Parties from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach or alleged breach of these Terms of Service, your improper use of the Site, your breach of any applicable law or your misappropriation or infringement of the rights of a third party (each a “Claim”). Next Step shall have the right to participate in the defense of any such Claim at its own cost with legal counsel of its choice. You may not settle or negotiate any Claim that results in liability to, or imposes any obligation upon, Next Step, financial or otherwise, without the written consent of Next Step.
12. LIMITATION ON TIME TO BRING CLAIMS TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY, YOU AGREE TO BRING ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OUR RELATIONSHIP, OR THE USE OF THE SITE WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.
13. TERMINATION These Terms of Service shall remain in force and effect unless and until terminated by either you or us. We reserve the right to immediately suspend or terminate your current or future use of the Site at any time, with or without notice or liability, at any time and in our sole discretion, for any business reason or if we determine that you have breached or threaten to breach these Terms of Service, violated any law, rule, or regulation, or engaged in other inappropriate conduct. You may terminate these Terms of Service at any time by providing written notice to us, via email to [email protected]. Upon termination of these Terms of Service, you must immediately discontinue use of the Site. Even after your rights under these Terms of Service are terminated, all provisions of these Terms of Service that by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. MISCELLANEOUS TERMS
14.1 Consent to Electronic Communications You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, or on the Site or through the Site, satisfy any legal requirement that such communications or agreements be in writing.
14.2 Assignment You may not assign your rights under these Terms of Service without the prior written permission of Next Step and any attempt by you to do so shall be null and void.
14.3 Waiver No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
14.4 Severability If any provision of these Terms of Services is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.
14.5 Relationship of the Parties; No Third-Party Beneficiaries Next Step and you are independent contractors. These Terms of Service do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between Next Step and you. There are no third-party beneficiaries to these Terms of Service.
14.6 Governing Law; Forum; Waiver of Jury Trial These Terms of Service are governed by and construed in accordance with the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Service or the Siteshall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in or for King County, Washington. Each party waives any and all objections to the exercise of jurisdiction over it by such courts and to venue in such courts.
EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS OF SERVICE.
14.7 Injunctive Relief Any breach of the terms and conditions of these Terms of Service related to intellectual property rights would cause Next Step irreparable harm for which the recovery of money damages alone would be inadequate. Therefore, if you breach or threaten to breach such terms or conditions, Next Step will be entitled to seek and obtain injunctive relief, without the need to post a bond or prove actual monetary damages, to protect its rights under these Terms of Service, in addition to any and all other remedies available at law or in equity.