YOU SHOULD CAREFULLY READ THESE TERMS OF USE (THE “TERMS”) BEFORE USING THE NEXTPLAY PLATFORM AND ALL RELEVANT CONTENT AND SERVICES PROVIDED IN CONNECTION WITH OR THROUGH THE PLATFORM.
IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES.
Any information that NextPlay Nutrition (“us” or “we” or “our” or “NextPlay”) collects through your use of the Platform as well as all relevant content and functionality associated with the Platform, including related services (collectively, the “Services”) is subject to the Privacy Policy and, if applicable, NextPlay's Consumer Health Data Privacy Policy, which are part of these Terms.
By continuing to use the Platform and Services, you agree as follows:
KEY POINTS
If you do not agree with and accept the Terms, please discontinue all further use of the Platform and Services.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND NEXTPLAY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING CONTACT@NEXTPLAYNUTRITION.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Last Updated: March 14, 2026
These Terms of Use (“Terms of Use” or “Terms”) are a legal contract between you (“you/your” or "user") and NextPlay. NextPlay is the creator of the NextPlay website (nextplaynutrition.com) (the “Website”) and our application available on iOS, Android, and web platforms (the “App” and together with the Website, the “Platform”) and provides access to Services. These Terms govern your use of the Platform and Services and apply to individuals accessing the Platform and Services. By accepting these Terms and using the Platform and Services, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy.
The Platform is designed to allow current and prospective users to access informational materials about NextPlay, its Services, and related content as well as access certain services and content provided through or by your performance center or clinic.
You may access and use the Platform and use the Services only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as our Privacy Policy.
The Platform and Services are not intended to be used to identify emergencies or to treat emergent, serious, or life-threatening conditions. If you are a Platform or Services user and you or someone you know believes you are suffering an emergent or life-threatening condition, call 9-1-1 immediately where that service is available or go to the nearest open clinic or emergency room.
The Platform has different portals for different types of users, and you may have access to certain areas and be restricted from accessing other areas based on your assigned portal status. The Admin Portal may be accessed by employees of NextPlay, the performance center, clinic, or other entity providing access to the Platform for administrative and management purposes (“Admin Users”). The Expert Portal may be accessed by nutrition professionals or consultants contracted with the entity providing access to the Platform (“Consulting User”). The Member Portal may be accessed by athletes, patients, or other customers of NextPlay, the performance center, clinic, or other entity that provides you with access to the Platform (“Member User”). Admin Users, Consulting Users, Member Users and visitors to the Website are collectively “Users” and, individually, each a “User” of the Platform.
By accepting these Terms, you agree and acknowledge that we do not provide medical advice by licensed physicians or other healthcare practitioners.
Before utilizing our Services, Member Users should consult your physician or healthcare provider and consider the risks of utilizing the Services provided by NextPlay. Member Users acknowledge that you knowingly and voluntarily assume any risk in undertaking a fitness plan, a wellness plan, a diet, or utilizing dietitian advice and counseling, including through use of the Services. Member Users represent and warrant that you are in good physical health to utilize the Services, have received consent from your physician or healthcare provider to participate in the Services, and that you have chosen to use the Services under your own free will.
We are not responsible for any health problems that may arise or result from any diet, nutritional information, product, consultation, event, or service made available on the Platform or through the Services.
GENERAL INFORMATION AVAILABLE THROUGH THE PLATFORM ABOUT NEXTPLAY, ITS SERVICES, MEDICAL CONDITIONS, AND OTHER EDUCATIONAL ARTICLES AND VIDEOS IS PROVIDED FOR GENERAL EDUCATIONAL PURPOSES ONLY. NEVER DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED IN CONNECTION WITH THE SERVICES OR SOMETHING CONTAINED IN THE PLATFORM. IF YOU HAVE OR YOU SUSPECT THAT YOU HAVE AN URGENT MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY.
You must register to create an account (“User Account”) and become a registered user to access the Services. To register, you must create a username and provide your name, your email address, and other information specified in the registration form (“Registration Data”), which is typically provided by and handled by your performance center, clinic, or other entity providing you with access to the Platform. You may change or correct information in your account through your User Account settings. You may access and use the Services only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as our Privacy Policy.
By registering for an account and using the Platform or Services, you represent and warrant as follows:
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE PLATFORM OR SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE PLATFORM OR SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE PLATFORM OR SERVICES.
With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, NextPlay reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms on the Platform and we will change the “Last Updated” date above.
If you continue to use the Platform or Services after we have informed you of the changes, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Platform and Services and delete all files associated with the Platform and Services on your computer and/or mobile device.
NextPlay owns the Platform and Services, including all content and functionality you access through the Platform and Services. Subject to your compliance with these Terms, NextPlay grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platform and Services by registering for a User Account. These Terms govern any content, materials, or services accessible from the Platform as well as upgrades provided by NextPlay that replace or supplement the original Platform, including the App. You may not transfer, redistribute or sublicense the Platform and, if you sell your mobile device to a third party, you must remove the App from the mobile device before doing so.
THE PLATFORM AND SERVICES ARE FOR YOUR USE ONLY IN YOUR ROLE AS A USER AND ARE NOT FOR RESALE TO OTHERS. You may not use the Platform or Services for any other purpose than what is allowed under these Terms without NextPlay's express written permission.
You may not use NextPlay's name, trademarks, service marks, or logos, or those of third parties appearing on the Platform or Services in any advertising or publicity or to otherwise indicate NextPlay's or such third party's sponsorship or affiliation with any product or service without express written permission from NextPlay or such third party.
You own your Personal Data (as defined in the Privacy Policy) and any other information you submit on or through the Platform or Services (collectively, “User Information”). If you are entering someone else's information into the Platform, you represent and warrant that you have permission to do so. For us to provide you with the Platform and Services, you grant to NextPlay and the entity providing you access to the Platform a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your User Information for the purpose of providing the Platform and Services, subject to the restrictions in the Privacy Policy. You also agree to allow NextPlay to de-identify and anonymize your User Information, including, without limitation, your personal health information in accordance with our Privacy Policy, and to use or disclose such de-identified information for any purpose.
Member Users who are no longer members or customers of the entity that provided the Member User with access to the Platform may be able to retain access to their User Account through a direct subscription with NextPlay. Contact NextPlay at contact@nextplaynutrition.com for more information.
NextPlay may create, collect, analyze, retain, and use data and other information that is related to or derived from (a) User's access or use of the NextPlay Platform and/or Services (“Usage Data”) and (b) Personal Data and/or User Information that is used solely in a deidentified manner (“Derivative Data”), for the purposes of developing, maintaining, operating, improving, or providing the NextPlay Platform and/or Services, to develop new products and services, and for its other business purposes (and such Usage Data and Derivative Data will be owned by NextPlay). In the event User gains or retains any interest in the Usage Data or Derivative Data, User hereby irrevocably assigns to NextPlay any and all right, title, and interest in and to any Usage Data or Derivative Data.
You may use the Platform and Services only for lawful purposes and in accordance with these Terms. In addition, we impose certain restrictions on your use of the Platform and Services. While using the Platform and Services, you shall not:
NextPlay is not obligated to monitor your use of the Platform and Services, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. NextPlay reserves the right to suspend or terminate your use of the Platform and Services without notice to you if you partake in any of the prohibited uses described above.
The Platform and Services are designed to require Users to create a username and password to access and use the Platform and Services. Your username and password are, collectively, your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of your User Credentials, (ii) not allowing another person to use your User Credentials to access the Platform or Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials, regardless of whether you were aware of those activities. You agree to immediately notify NextPlay in writing by email of any unauthorized use of your User Credentials or any other compromise of the security of your User Account.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by NextPlay and/or its affiliates, officers, directors, and representatives due to someone else’s use of your User Account or password, regardless of whether you were aware of such use.
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for you to access and use the Platform and Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Platform and Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
We may send communications, including emails, to you regarding your User Account, the Platform, and the Services. You can choose to filter any User Account, Platform, and Services emails using your email settings, but we do not provide an option for you to opt out of these communications.
If you consent to receive marketing or other communications not related to the User Account, the Platform, and the Services, we will provide you with the option to opt out of such marketing communications within the applicable message.
By providing your phone number on the Platform, you expressly consent and agree that we may contact you using written, electronic, and/or oral/audio means, including by manual dialing, leaving prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or send SMS/text messages to your phone number as necessary to (a) help you access your account when you've forgotten your password; and (b) as otherwise necessary to service your account, complete transactions requested by you, or enforce these Terms, our policies, Applicable Law, or any other agreement we may have with you, even if the provided phone number is registered on any federal or state Do-Not-Call registry. For purposes of clarity, the communications described in this paragraph are transactional in nature, and not promotional.
Additionally, we may offer you the chance to enroll to receive recurring SMS/text messages from us about account-related news and alerts and/or marketing and promotional offers for NextPlay products and services (collectively, “Promotional Text Messages”). By enrolling, you agree to receive Promotional Text Messages from us to the phone number you provide and that such Promotional Text Messages may be sent using an automatic telephone dialing system.
You may opt-out from Promotional Text Messages at any time. To unsubscribe from Promotional Text Messages, contact us at contact@nextplaynutrition.com.
You certify that any phone number(s) you provide to us are true and accurate and that you are authorized to enroll such phone number(s) to receive calls and/or SMS/text messages as described herein. Message and data rates apply. Consent is not required as a condition of purchase. We are not responsible for any delays upon sending or receiving text messages.
We may send you push notifications through our App. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device.
In the course of using the Platform and Services, you may be introduced to areas or features of the Platform or Services that allow you to access websites that do not belong to and are not controlled by us (collectively, “Third-Party Platforms”). If you choose to access one of these Third-Party Platforms, you will leave our Platform and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Platforms may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Platforms is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Platforms to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Platforms, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Platforms.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY PLATFORMS OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.
Any reference in the Platform or Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.
To the extent any features, aspects, products, or services offered through the Platform or Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), such as your performance center or clinic, you may be subject to additional terms and conditions. To the extent applicable, you will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.
In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. You agree to use the Third-Party Services at your sole risk. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
In addition to other representations and warranties contained throughout the Terms, you represent and warrant that your use of the Platform and Services will be in accordance with these Terms and all applicable laws, regulations, rules, and NextPlay policies and procedures (to the extent such policies and procedures are communicated to you). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.
You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of the information you provide regarding your age and residence.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEXTPLAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEXTPLAY MAKES NO WARRANTY THAT THE PLATFORM AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEXTPLAY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APP, SERVICES OR MATERIALS ACCESSED OR PURCHASED THROUGH THE PLATFORM OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PLATFORM OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NEXTPLAY OR THROUGH THE PLATFORM OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE PLATFORM AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM AND SERVICES, INCLUDING, WITHOUT LIMITATION, AUTHORIZED THIRD PARTIES.
NEXTPLAY CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. NEXTPLAY CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE PLATFORM OR SERVICES.
YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD NEXTPLAY OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PLATFORM AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES REMAINS WITH YOU. NEITHER NEXTPLAY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM AND SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEXTPLAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.
YOU ACKNOWLEDGE THAT IF YOU USE THE PLATFORM OR SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. NEXTPLAY IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE PLATFORM OR THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, NEXTPLAY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE PLATFORM MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NEXTPLAY AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE PLATFORM OR SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE PLATFORM OR SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform and Services (“Feedback”). You may submit Feedback by e-mailing us at contact@nextplaynutrition.com. You acknowledge and agree that if you submit any Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
If you breach any of these Terms, we may suspend or disable your User Account or terminate your access to the Platform and Services without prior notice to you. There may be other instances where we may need to terminate your access to the Platform and Services that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Platform and Services and materials at any time, with or without cause.
If you wish to terminate your User Account, please contact NextPlay at contact@nextplaynutrition.com or the entity that provided you with access to the Platform, immediately discontinue your use of the Platform and Services, and delete all files associated with the Platform and Services from your computer or mobile device.
You agree that any dispute between you and NextPlay arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and NextPlay.
Before filing a claim against NextPlay, you agree to try to resolve the dispute informally by contacting contact@nextplaynutrition.com. Most User concerns can be resolved quickly and to your satisfaction through email. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below.
In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”).
You and NextPlay agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by you, one (1) arbitrator is selected by NextPlay, and the third (3rd) arbitrator is selected by mutual consent of you and NextPlay. If you and NextPlay cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. You and NextPlay shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.
NextPlay may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform and Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
YOU MAY ONLY RESOLVE DISPUTES WITH NEXTPLAY ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND NEXTPLAY EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Notwithstanding the above, you can decline or “opt out” of the alternative dispute resolution process described above by contacting contact@nextplaynutrition.com within 30 days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
If you opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you submit to the exclusive jurisdiction of any state or federal court sitting in the State of California within twenty-five (25) miles of Newport Beach, California in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
These Terms, the Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between NextPlay and you regarding the Platform and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between NextPlay and you regarding the Platform and Services.
These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without NextPlay’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. NextPlay may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by NextPlay via email (in each case to the address that you provide); and/or (ii) by posting to the Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from NextPlay electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH NEXTPLAY IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to NextPlay by email to: contact@nextplaynutrition.com. Notice to NextPlay shall be effective upon receipt of notice by NextPlay.
The failure of NextPlay to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NextPlay.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between you and us, all right, title, and interest, including all Intellectual Property Rights, in the Platform and Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by NextPlay or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us. Any use of the Platform or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at contact@nextplaynutrition.com.
These Terms govern your installation and use of the App. The App is provided to you by NextPlay on behalf of the performance center, clinic or other entity using the NextPlay platform.
For iOS Users: