Last Updated: April 15, 2021
For clarity, the NEXTEP Services simply enable communications between you and the applicable NEXTEP customer and provides online order transaction processing. NEXTEP does not fulfill any orders or provide any goods to you on behalf of the applicable NEXTEP customer. NEXTEP has no obligation to you in connection with any order and will not be liable to you in any event for the quality, amount, content, pricing, timing of delivery, etc. of any order you place with any NEXTEP customer. The NEXTEP customer from which you purchased any goods or services is responsible for all customer service related to your order(s), including, without limitation, fulfillment, delivery, cancellation, returns, refunds, rebates, and awards associated with any orders made via the NEXTEP Services.
After downloading the Mobile Application on your Device, you must register with NEXTEP to create a Mobile Application account. When creating your Mobile Application account, you will be required to “click to accept” the Terms. It is important that you read the Terms in their entirety and understand them before using the NEXTEP Services and the Mobile Application. PLEASE READ SECTION 10 (“DISPUTE RESOLUTION”) CAREFULLY AS IT RELATES TO ARBITRATION AND CLASS ACTIONS.
If you use the NEXTEP Services and/or download the Mobile Application, you create a legally binding contract between you and NEXTEP. If you do not agree with the Terms, do not download the Mobile Application and do not use the NEXTEP Services. BY DOWNLOADING THE MOBILE APPLICATION AND/OR USING THE NEXTEP SERVICES, YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE READ THESE TERMS; (B) YOU ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM; (C) ALL INFORMATION YOU PROVIDE IS TRUTHFUL AND ACCURATE; (D) YOU WILL USE NEXTEP SERVICES AND THE MOBILE APPLICATION ONLY IN ACCORDANCE WITH THESE TERMS; (E) YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE AND USE THE MOBILE APPLICATION AND/OR NEXTEP SERVICES; AND (F) YOU ARE USING THE NEXTEP SERVICES IN THE UNITED STATES. Use of the NEXTEP Services and its features is void where prohibited.
As further outlined in Section 14, agreement to the Terms includes agreement to all current and future notices, updates, disclosures, and statements regarding your Mobile Application account, which will be communicated to you electronically from time-to-time.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE NEXTEP SERVICES, INCLUDING THE MOBILE APPLICATION. NEXTEP SHALL HAVE NO RESPONSIBILITY TO YOU FOR ANY DAMAGES OR LOSSES THAT RESULT FROM YOUR USE OF THE NEXTEP SERVICES.
NEXTEP may communicate with you via email, text message, in-app messages, telephone, or other electronic means of communication. By using the NEXTEP Services, you expressly consent to receive communications from NEXTEP and the NEXTEP customers selected by you and you agree that all such communications satisfy any requirement that a communication be in writing and delivered to you.
Your download of the Mobile Application and creation of a NEXTEP account will allow NEXTEP to monitor your usage and your location data. This monitoring will be done via a NEXTEP geo-location feature that can be turned off at any time by using the settings on your Device.
You may contact NEXTEP by phone at (866)-654-4848 and by mail at NEXTEP Systems, Inc., Attn: Customer Care, 3310 West Big Beaver Road, Suite 200, Troy, MI 48084.
When you establish your Mobile Application account, you will be required to provide certain personal information to enable NEXTEP and NEXTEP’s customers to contact you in accordance with the Terms. When creating your Mobile Application account, you may “opt-in” to certain customer programs. For each NEXTEP customer program you select, NEXTEP may share your personal information, order information, and certain other information with your selected NEXTEP customer(s). By selecting a NEXTEP customer program on the Mobile Application, you expressly agree to receive offers, rewards, advertising, data, information, text, images, audio, video, and other communications (collectively, “Communications”) from NEXTEP or such NEXTEP customer. NEXTEP may also send you offers and push notifications from such customer(s) to your Device. You may “opt-out” of these Communications and push notifications at any time via the Mobile Application. All Communications are provided by the applicable NEXTEP customer. NEXTEP does not create or provide such Communications and is not responsible for the content or accuracy of any such Communications or customer programs generally. You must comply with all terms and conditions of any program offered by the NEXTEP customer that you select. Any disputes or controversies arising between you and any NEXTEP customer selected via the Mobile Application is solely between you and the applicable NEXTEP customer.
You acknowledge that NEXTEP utilizes multi-factor authentication (“MFA”) to log into the Mobile Application. The MFA allows for you to satisfy an MFA challenge once up to every 45 days. The “Remember-me-on-device” option is a cookie based option that is designed to allow you to satisfy MFA once and not be prompted again for up to 45 days but NEXTEP, in its sole discretion, may increase the frequency or modify the MFA challenges. In addition, if you have enabled it on your mobile device, the Mobile Application uses the facial recognition and/or fingerprint id functionality on your mobile device to confirm your identity for the purpose of logging you into the Mobile Application. You acknowledge and agree that the Mobile Application does not control the authentication on your mobile device and that facial recognition and/or fingerprint id does not guarantee that only one user can access your data.
You acknowledge and agree that the Mobile Application may send data to certain other applications on your mobile device, including, but not limited to, health and fitness applications (“Third Party Applications”) that you may have downloaded to your mobile device and that once that data is sent to another mobile application, the use of that data is not within the control of Nextep or the Mobile Application but rather those Third Party Applications.
3. Use of the NEXTEP Services.
NEXTEP grants to you a non-transferable, non-sublicensable, non-exclusive license to access the NEXTEP Services exclusively for your own personal use and not for any commercial purpose. You agree not to: (a) make copies of the NEXTEP Services; (b) disassemble, decompile, decode, reverse engineer, reprint, transcribe, extract, adapt, translate, create derivative works of, enhance or modify the NEXTEP Services, or any portion thereof; (c) sell, resell, distribute, assign, transfer or sublicense the NEXTEP Services; (d) make the NEXTEP Services available for the benefit of anyone other than yourself; (e) violate any applicable laws, rules, or regulations in connection with your use of the NEXTEP Services; (f) remove, obscure, or modify any proprietary notice (including any notice of copyright or trademark) of NEXTEP or its affiliates; (g) use the NEXTEP Services to store or transmit infringing, libelous, harassing, disparaging or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights; (h) use the NEXTEP Services to store or transmit viruses, malware, ransomware or other malicious code, or otherwise seek to interfere with the with the proper working of the NEXTEP Services; (i) attempt to gain access to components of or areas within the NEXTEP Services that your Mobile Application account does not permit you to access; or (j) probe, scan, or test the vulnerability of the NEXTEP Services or any network connected thereto, nor breach the security or authentication measures contained therein.
You alone are responsible for your acts and/or omissions in connection with your use of the NEXTEP Services. You are also responsible for all activity occurring on your Mobile Application account, whether or not you conduct and/or authorize such activity. For clarity, you may be held responsible for any loss or damage that NEXTEP or any third party may suffer in connection with your use of the NEXTEP Services, including your failure to comply with these Terms. NEXTEP may suspend or terminate your Mobile Application account and refuse any or all current or future use of the NEXTEP Services if NEXTEP has reasonable suspicion that you have provided any information that is inaccurate, untrue, not current or incomplete or you otherwise have violated the Terms in any way. At its sole discretion, NEXTEP may limit the type, manner, and frequency of transactions made using your Mobile Application account.
The NEXTEP Services may contain links to third party websites (including NEXTEP customer websites) and content. NEXTEP does not endorse or otherwise approve any third party websites on the Mobile Application, including any content thereon. You access all third party websites at your own risk.
4. Creating Your Mobile Application account.
When you register your Mobile Application account, you will be required to select a username and password. You are solely responsible for maintaining the security of your Mobile Application account and the confidentiality of your user name and password. You should not allow any other parties to access your Mobile Application account. You agree to notify NEXTEP immediately in the event that you suspect or are aware of any unauthorized use of your Mobile Application account. Neither NEXTEP nor NEXTEP’s merchants are liable to you for any unauthorized use of your Mobile Application account, including any unauthorized redemption of any awards, promotions, or discounts in your Mobile Application account, regardless of whether you are aware of such unauthorized use or not. However, you could be held liable for losses incurred by NEXTEP due to someone else using your user name or password.
5. Terminating Your Mobile Application account.
You may terminate your Mobile Application account at any time by calling NEXTEP’s customer care at (866)-654-4848 and requesting deletion of your Mobile Application account.
NEXTEP reserves the right, in its sole discretion, to terminate, suspend, or otherwise restrict your Mobile Application account, including the ability to access the NEXTEP Services in whole or in part, at any time without prior notice to you and without any liability to you.
6. App Provider.
Additional Terms Applicable on the Android Market/Google Play. NEXTEP and you both agree and acknowledge that neither Google Inc., nor any of its subsidiaries or affiliates (“Google”), are a party to this Agreement, and you will look to NEXTEP for any recourse, and not Google. You agree to be bound by the then-current Android Market Terms of Services as found on Google’s website: http://www.google.com/mobile/android/market-tos.html) and the Google Play Terms of Services (located at https://play.google.com/about/play-terms.html). You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to our Services. To the extent there is a conflict between any of the terms contained herein and those set forth in either the Android Market Terms of Services or Google Play Terms of Service, the Android Market Terms of Services or Google Play Terms of Services, whichever is applicable, will prevail and govern.
Additional Terms Applicable to iOS Devices. NEXTEP and you both agree and acknowledge that neither Apple Inc., nor any of its subsidiaries or affiliates (“Apple”), are a party to this Agreement, and you will look to NEXTEP for any recourse, and not Apple. You agree to be bound by the thencurrent Apple Media Services Terms and Conditions as found on Apple’s website: https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Services. To the extent there is a conflict between any of the terms contained herein and those set forth in the Apple Media Services Terms and Conditions, the Apple Media Services Terms and Conditions will prevail and govern.
7. Updates of the NEXTEP Services; Interruption/Unavailability of NEXTEP Services.
From time to time and without prior notice to you, NEXTEP may in its sole discretion release updates to the Mobile Application that you must install. Some updates may prevent you from accessing the Mobile Application entirely or limit certain features within the Mobile Application. Though NEXTEP seeks to mitigate any downtime of the NEXTEP Services, NEXTEP does not guarantee that the NEXTEP Services will be available at all times or free of interruption. Therefore, you may occasionally experience interruptions of service where you will be unable to utilize the NEXTEP Services, including any discount, offers, or promotions contained in your Mobile Application account.
8. Payment Instruments.
FOR CLARITY, YOUR MOBILE APPLICATION ACCOUNT IS NOT A BANK ACCOUNT OR OTHER FINANCIAL PRODUCT. NEXTEP IS NOT A BANK AND IS NOT A MONEY SERVICES BUSINESS (AS SUCH TERMS ARE DEFINED BY APPLICABLE LAW, RULES, AND/OR REGULATION). NEXTEP DOES NOT OFFER CONSUMER FINANCIAL SERVICES, INCLUDING, BUT NOT LIMITED TO, MONEY TRANSMISSION SERVICES. YOU MAY NOT USE THE NEXTEP SERVICES FOR THE PAYMENT OF LOANS, PROVIDING CASH ADVANCES, CHECK CASHING, ACCEPTING OR TRANSFERRING ANY SECURITIES, OR ANY OTHER TRANSFER OF MONEY NOT OTHERWISE EXPRESSLY PERMITTED BY THESE TERMS. You may only use the NEXTEP Services for bona fide purchase of goods or services from NEXTEP customers in the ordinary course of business.
When utilizing the Mobile Application, you will be prompted to link a payment method (for example, a debit or credit card) to your Mobile Application account. When you link a payment method to your Mobile Application account, you represent and warrant that you are the authorized owner/user of such payment method and that such payment method is and will remain at all times valid and current. Once a payment method is linked to your Mobile Application account, that payment method will be charged for your purchase of goods and/or services through the NEXTEP Services until you either disable the payment method or remove it from your Mobile Application account. By linking a payment method to your Mobile Application account, you expressly authorize NEXTEP to charge such payment method when you initiate a transaction utilizing the NEXTEP Services. You may change or disable any payment method(s) linked to your Mobile Application account at any time.
NEXTEP does not guarantee that it will be able to charge any linked payment method on your Mobile Application account. In the event a transaction cannot be completed via the NEXTEP Services using your desired payment method, an alternate form of payment will be required. NEXTEP is not responsible for any charges imposed to you as a result of any failed charge by NEXTEP via the NEXTEP Services.
All transactions that you make through the NEXTEP Services are subject to the terms and conditions of your applicable payment method. If you seek any reversal, refund, chargeback, or other adjustment associated with a purchase utilizing your payment method via the NEXTEP Services, you must contact the payment method issuer.
9. Transaction Receipts.
NEXTEP customers may provide you with transactions receipts either via the Mobile Application or via the email address you provide to NEXTEP. You should review all transactions receipts for accuracy. If any transaction receipt appears to be incorrect, or any transaction otherwise appears to be unauthorized by you, please contact the applicable NEXTEP customer, NEXTEP, and your payment method issuer immediately.
10. Dispute Resolution: ARBITRATION AND CLASS ACTION WAIVER.
NOTE: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND THE RESOLUTION OF DISPUTES
MANDATORY ARBITRATION: ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE NEXTEP SERVICES, THESE TERMS, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT; HOWEVER, YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF (1) THE CLAIMS QUALIFY FOR SMALL CLAIMS COURT; (2) THE MATTER REMAINS IN SMALL CLAIMS COURT AT ALL TIMES; AND (3) THE MATTER PROCEEDS ONLY ON AN INDIVIDUAL (NOT A CLASS OR REPRESENTATIVE) BASIS). ARBITRATION DOES NOT PROCEED BEFORE A JURY AND MAY INVOLVE MORE LIMITED DISCOVERY THAN A COURT PROCEEDING.
ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.
The arbitrator's award or decision will not affect issues or claims involved in any proceeding between NEXTEP and any person or entity who is not a party to the arbitration. The arbitrator may award monetary, 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. The arbitrator's award, if any, will not apply to any person or entity that is not a party to the arbitration. However, nothing in this Section or these Terms shall preclude any party from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief on your behalf. Further, notwithstanding the foregoing, nothing in this Section or these Terms prohibits a party from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other equitable relief.
The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the arbitration provisions of this Section. Arbitration will be administered by JAMS (www.jamsadr.com). For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply (if no such rules are in effect, JAMS default arbitration rules shall apply). For claims equal to or less than $250,000, the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply (if no such rules are in effect, JAMS default arbitration rules shall apply). Unless the arbitrator(s) determine that justice or fairness require otherwise: (i) any arbitration will proceed in Muscogee County, Georgia (although, for your convenience, any party or its counsel may participate telephonically); and (ii) the arbitrator(s) will oversee limited discovery, taking into account the amount in controversy and the parties’ desire to keep proceedings cost-effective and efficient. Any decision rendered in any arbitration proceeding shall be final and binding on each of the parties to the arbitration and judgment may be entered thereon in any court of competent jurisdiction. The parties will maintain the confidential nature of the arbitration proceeding except as may be necessary to enforce any award or to comply with applicable law.
If the total damage claims in an arbitration are $10,000 or less, not including your attorneys’ fees (“Small Arbitration Claim"), the arbitrator may, if you prevail, award you reasonable attorney fees, expert fees and costs (separate from Arbitration Costs as defined below), but may not grant NEXTEP its attorney fees, expert fees or costs (separate from Arbitration Costs) unless the arbitrator determines that your claim was frivolous or brought in bad faith. In a Small Arbitration Claim case, NEXTEP will pay all arbitration filing, administrative and arbitrator costs (together, “Arbitration Costs"). You must submit any request for payment of Arbitration Costs to JAMS at the same time you submit your Demand for Arbitration. However, if you wants NEXTEP to advance the Arbitration Costs for a Small Arbitration Claim before filing, NEXTEP will do so at your written request which must be sent to NEXTEP at NEXTEP Systems, Inc., Attn: Legal Department, 3310 West Big Beaver Road, Suite 200, Troy, MI 48084.
If your total damage claims in an arbitration exceed $10,000, not including your attorneys’ fees (“Large Arbitration Claim"), the arbitrator may award the prevailing party its reasonable attorneys' fees and costs, or it may apportion attorneys' fees and costs between you and NEXTEP (such fees and costs being separate from Arbitration Costs). In a Large Arbitration Claim case, if you are able to demonstrate that the Arbitration Costs will be prohibitive as compared to the costs of litigation, NEXTEP will pay as much of the Arbitration Costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Choice of Forum: A court, not the arbitrator, will decide any questions regarding the validity, scope and/or enforceability of this Section 10. Any litigated action (as opposed to an arbitration) regarding, relating to or involving the validity, scope and/or enforceability of this Section 10, or otherwise, shall be brought in either the courts of the State of Georgia sitting in Muscogee County or the United States District Court for the Northern District of Georgia, and you expressly agree to the exclusive jurisdiction of such courts. You hereby agree and consent to the personal jurisdiction and venue of such courts, and expressly waive any objection that you might otherwise have to personal jurisdiction or venue in such courts.
Class Action Waiver: YOU ACKNOWLEDGE AND AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE RESOLVED ON AN INDIVIDUAL BASIS WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND SHALL NOT BE CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PARTIES. YOU FURTHER AGREE TO WAIVE, AND HEREBY WAIVE, THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO LITIGATE OR ARBITRATE ON A CLASS-WIDE BASIS.
11. Disclaimer of Warranties.
THE NEXTEP SERVICES AND ANY AND ALL PRODUCTS, SERVICES, AND/OR CONTENT AVAILABLE ON OR THROUGH THE NEXTEP SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. NEXTEP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES ANY AND ALL WARRANTIES REGARDING IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND/OR MERCHANTABILITY. FURTHER, NEXTEP DOES NOT MAKE ANY WARRANTIES THAT THE MOBILE APPLICATION OR THE NEXTEP SERVICES WILL MEET ANY OF YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR THAT THE NEXTEP SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
NEXTEP DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE NEXTEP SERVICES WILL BE FREE FROM LOSS, ATTACK, VIRUS, INTERFERENCE, OR OTHER SECURITY VULNERABILITY OR INTRUSION (INCLUDING, WITHOUT LIMITATION, THE UNAUTHORIZED USE OF YOUR MOBILE APPLICATION ACCOUNT, REGARDLESS OF WHETHER SUCH USE IS WITH OR WITHOUT YOUR KNOWLEDGE), AND NEXTEP DISCLAIMS ALL LIABILITY IN CONNECTION THEREWITH.
NEXTEP DOES NOT MONITOR ANY CONTENT POSTED BY NEXTEP CUSTOMERS AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR LIABILITY IN CONNECTION WITH THE CONTENT POSTED BY NEXTEP CUSTOMERS.
FOR CLARITY, ANY GOODS, MATERIALS, PRODUCTS, OR SERVICES THAT YOU OBTAIN ON OR THROUGH THE NEXTEP SERVICES ARE PROVIDED TO YOU DIRECTLY BY NEXTEP’S CUSTOMERS AND NOT BY NEXTEP. NEXTEP HAS NO OBLIGATION TO YOU IN CONNECTION WITH ANY SUCH GOODS, MATERIALS, PRODUCTS, OR SERVICES AND WILL NOT BE LIABLE TO YOU IN ANY EVENT FOR THE QUALITY, AMOUNT, CONTENT, PRICING, TIMING OF DELIVERY, ETC. OF ANY ORDER YOU PLACE WITH ANY NEXTEP CUSTOMER.
12. Limitation of Liability.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE NEXTEP SERVICES, INCLUDING THE MOBILE APPLICATION. NEXTEP SHALL HAVE NO RESPONSIBILITY TO YOU FOR ANY DAMAGES OR LOSSES THAT RESULT FROM YOUR USE OF THE NEXTEP SERVICES, INCLUDING THE MOBILE APPLICATION.
IN NO EVENT WILL NEXTEP, ITS PARENT(S), SUBSIDIARIES, OR AFFILIATES, BE LIABLE FOR ANY CLAIM, LOSS, OR DAMAGES OF ANY FORM INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE NEXTEP SERVICES, INCLUDING, WITHOUT LIMITATION ANY: (A) LOST PROFITS; (B) DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, OR ANY OTHER SPECIAL DAMAGES; (C) PERSONAL INJURY; AND/OR (D) BREACH OF CONFIDENTIALITY OR LOSS OF PRIVACY. THIS LIMITATION APPLIES REGARDLESS OF NATURE OR TYPE OF THE CAUSE OF ACTION AND REGARDLESS OF WHETHER NEXTEP KNEW OR SHOULD HAVE KNOWN OF THE POTENTIAL LIKELIHOOD OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NEXTEP AND/OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AND CONTRACTORS (COLLECTIVELY, THE “NEXTEP PARTIES”) FROM AND AGAINST ANY DAMAGES OR LOSSES INCURRED BY NEXTEP WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR ACTS OR OMISSIONS IN CONNECTION WITH YOUR USE OF THE NEXTEP SERVICES.
NEXTEP reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of these Terms, in whole or in part, at any time and without prior written notice to you. When NEXTEP amends these Terms, it will revise the “Last Updated” date located at the top of these Terms. NEXTEP will also take reasonable steps to ensure you are made aware of any material updates including providing you with notice of such changes, including through the NEXTEP Services, as appropriate. If you provide personal information to NEXTEP or access or use the NEXTEP Services after these Terms have been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these Terms will be available online and/or via the Mobile Application.
15. Entire Agreement.
These Terms constitute the entire understanding of you and NEXTEP with respect to the NEXTEP Services and supersedes all prior agreements, understandings, representations, and negotiations, whether oral or written between them.
16. No Waiver of Rights.
Any failure of NEXTEP to enforce any of the terms, conditions or covenants of these Terms shall not constitute a waiver of any rights under these Terms.
17. Section Headings.
All section headings contained herein are for descriptive purposes only, and the language of such section shall control.
You may not assign these Terms or your Mobile Application account directly or by operation of law, without the prior written consent of NEXTEP. Any assignment by you without the prior written consent of NEXTEP shall be void. NEXTEP may assign these Terms and/or any of its rights, duties, obligations, or responsibilities with respect to the NEXTEP Services without your consent. The Terms shall be binding upon the parties hereto, their successors and permitted assigns.
19. Third Party Beneficiary
Under no circumstance shall any third party be considered a third party beneficiary of your rights or remedies under these Terms or otherwise be entitled to any of your rights or remedies under these Terms.
If any term or provision of these Terms is found to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of these Terms, but such terms or provisions shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth.
No part or portion of Section 10 (Dispute Resolution) shall be deemed so integral to either these Terms as a whole, or to the remaining parts or portions of Section 10 (Dispute Resolution), that the unenforceability of that part or portion should have any impact on or render the remainder unenforceable.