TERMS OF SERVICE
Last updated: November 5th, 2019
These Terms of Service (“Terms”) govern your access to and use of NexGenT Inc (“NexGenT”, “Company”, “we”, “our”) websites, services, and applications (collectively the “Site”). The Site includes, but is not limited to nexgent.com, dreamITjob.com and zerotoengineer.com. Please read these Terms in their entirety before using the Site. Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
You may use the Site only if you can form a binding contract with NexGenT Inc, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Site may change over time as we add more features and refine the Site, often and without prior notice to you. In addition, NexGenT Inc may temporarily or permanently stop providing the Site, or any features within the Site, to you or to users of the Site in general and without prior notice.
Site Visitors and Customers
To purchase NexGenT Inc.’s products and services you must be at least 18 years of age. By using the products and services provided by the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. NexGenT Inc. may, in its sole discretion, refuse to allow access to or use of the Site to any user. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. You agree to comply with all laws regarding online conduct. In addition, you must abide by NexGenT Inc.’s policies as stated in these Terms and other policy documents listed on the Site, as well as all other operating rules, policies and procedures that may be published from time to time on the Site by NexGenT Inc., each of which is incorporated herein by reference and each of which may be updated by NexGenT Inc. from time to time without prior notice to you.
Several features on the Site require registration and creation of a member account. You must keep account information up-to-date and accurate at all times, including a valid email address. Your NexGenT account is your account only and you may not share, transfer or sell your account or User ID to any other party. You must treat your account information as confidential and personal to you. Keep your password secure. Do not provide your username or password information to any other party. You agree that you are fully responsible for any and all activity, liability, and damage resulting from your failure to maintain password confidentiality. You also agree that NexGenT Inc. cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Terms of Sale
Use of the software (products and services) offered on the Site requires payment of a subscription fee (unless otherwise stated). All prices and fees are quoted in US Dollars (USD). If you elect to subscribe for our services, you shall pay all applicable fees, as described on the Site. All fees are exclusive of state and local sales or use taxes and any duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes. You agree to pay any such taxes that might be applicable to your use of the services and payments made to NexGenT Inc. NexGenT Inc. reserves the right to change its prices at any time, and any such changes or modifications shall be posted on the Site and effective immediately (notices to any user are at the discretion of NexGenT Inc.) Any such changes or modifications in prices and fees shall be effective when the services in question come up for renewal.
You authorize NexGenT Inc., directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information you provide. All fees relating to usage of the services are charged automatically using the payment method (Credit card/PayPal) specified by you on file with NexGenT Inc. for your user account. NexGenT Inc. does not maintain payment information from users that purchase our products and services. User credit card information is maintained and processed through NexGenT Inc.’s credit card processor Stripe. If you are on a subscription plan, it will automatically renew at the end of the subscription period unless you cancel before the end of the current subscription period. For complete subscription plan details, view NexGenT Inc.’s refund policy. Until NexGenT Inc. receives a request from you regarding the status of your subscription, you acknowledge and understand that NexGenT Inc. will continue to charge you as long as your account remains active, regardless of whether the services are used or not.
NexGenT Inc. will not refund any subscription fees already paid to us. You shall not have any claims against NexGenT Inc. in relation to the discontinuation of the services. All prices and fees are non-refundable unless otherwise expressly noted (review the NexGenT Inc. refund policy for complete details), even if the services are suspended or terminated prior to the end of a payment term. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligations hereunder and your use of the services will be automatically terminated. If you have any questions concerning your order, please contact us using the contact information listed at the bottom of this document.
NexGenT Inc. considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users (“Material”) to be non-confidential and non-proprietary, and NexGenT Inc. shall not be liable for the disclosure or use of such Material. Any communication by you to NexGenT Inc. is subject to these Terms. You hereby grant and agree to grant NexGenT Inc. a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish, and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Third Party Advertising
Resolution of Disputes and Release
In the event a dispute arises between you and NexGenT Inc., please contact NexGenT Inc.. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in California. You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section. You and NexGenT Inc. agree that any cause of action arising out of or related to the Site or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Should you have a dispute with one or more users, or an outside party, you release NexGenT Inc. (and NexGenT Inc.’s officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. NexGenT Inc. encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Unless otherwise noted, all of the text, information, data, graphics, photographs, images, illustrations, animations, software, audio, video, and all other content on the Site (collectively, the “Content”) is subject to the copyright and other intellectual property rights of NexGenT Inc.. All Content on the Site is the sole property of NexGenT Inc. NexGenT Inc. reserves all rights not expressly granted in and to the Site and the Content. Subscribers on the Site are granted a limited, non-exclusive, revocable license to use the software provided on the Site for the sole purpose of online learning. This limited license shall remain in effect until your subscription (unless otherwise stated) is terminated as provided in these Terms. You agree not to engage in any use of the Content other than as expressly permitted by NexGenT Inc. The software and other NexGenT Inc. Content may not be copied, distributed, modified, or reproduced in any medium or for any purpose without express written permission from NexGenT Inc. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or any of the Content therein.
“NexGenT”, “Zero To Engineer”, “Full Stack Network Associate”, “Full Stack Network Engineer” and other trademarks, trade names, graphics, logos, domain names, designs, page headers, button icons, service names, and any other features of the Zero To Engineer brand (collectively, the “Trademarks”) are the sole property of NexGenT Inc. These Terms do not grant you any license or right to use the Trademarks for any purpose, whether for commercial or non-commercial use. NexGenT Inc.’s Trademarks may not be used except as expressly permitted by NexGenT Inc.
Access and Interference
NexGenT Inc. does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside NexGenT Inc.’s control. You agree that you will not: (i) Take any action that imposes, or may impose, in NexGenT Inc.’s sole discretion, an unreasonable or disproportionately large load on NexGenT Inc.’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any user Content without the prior express written permission of NexGenT Inc. and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass NexGenT Inc.’s robot exclusion headers or other measures NexGenT Inc. may use to prevent or restrict access to NexGenT Inc.
Without limiting any other remedies, NexGenT Inc. may, without notice, and without refunding any fees, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if NexGenT Inc. suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached these Terms or other policy documents or guidelines listed on the Site; NexGenT Inc. is unable to verify or authenticate any of your personal information or Content; or NexGenT Inc. believes that a user is acting inconsistently with the letter or spirit of NexGenT Inc.’s policies, has engaged in improper or fraudulent activity in connection with NexGenT Inc. or the actions may cause legal liability or financial loss to NexGenT Inc.’s users or to NexGenT Inc..
Disclaimer of Warranties
NexGenT Inc. makes no representations or warranties as to your use of the Site and the services and assumes no liability or responsibility for the accuracy, or any error or omission, in the Content. We do not represent or warrant that use of the Service by you will not infringe rights of third parties. Third parties may provide some of the content available on the Site. NexGenT Inc. does not guarantee the accuracy, integrity, or quality of the content provided by third parties. Neither we, nor any of our affiliates, or any of our employees, agents, content providers or licensors, make any representation or warranty of any kind regarding the Site or the Site content whatsoever. You acknowledge that you are using the site at your own risk. NexGenT Inc., its officers, directors, employees, affiliated, and suppliers provide the site and NexGenT Inc.’s services “as is” and without any warranty or condition, express, implied or statutory. NexGenT Inc. and its officers, directors, employees, affiliates, and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. No advice or information (oral or written) obtained by you from NexGenT Inc. shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.
Limitation of Liability
In no event shall NexGenT Inc., and (as applicable) NexGenT Inc.’s officers, directors, employees, affiliates, or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, NexGenT Inc.’s services, or these Terms, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
You agree to indemnify and hold NexGenT Inc., and (as applicable) NexGenT Inc.’s officers, directors, affiliates, agents, and employees, harmless from any claim or demand, including attorney’s fees, made by any third party due to or arising out of your breach of these Terms or other company policy documents, or your violation of any law or the rights of a third party.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
Company of Service
NexGenT Inc. reserves the right to modify or terminate the Site services for any reason, without notice, at any time. NexGenT Inc. reserves the right to alter these Terms or other Site policies at any time. Each revised version these Terms will be posted on the Site. Continued use of the Site constitutes your acceptance of any revised Terms.
Choice of Law
These Terms shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Any and all provisions in these Terms relating to fees, service, content, licensing, information control, dispute resolution, NexGenT Inc.’s intellectual property, data access and site interference, breach of these Terms, privacy, warranty, limitation of liability, severability, the relationship(s) between and among NexGenT Inc., Site users, and third parties, and choice of law, survive any termination or expiration of these Terms.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Nexgent Inc., Attn: Legal Notices; 2033 Gateway Place, Suite 460 San Jose, CA 95110 (in the case of NexGenT Inc.) or, in your case, to the email address you provide to NexGenT Inc.. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, NexGenT Inc. may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to NexGenT Inc. In such case, notice shall be deemed given three days after the date of mailing. Disclosure. The services hereunder are offered by Nexgent Inc., Attn: Legal Notices; 2033 Gateway Place, Suite 460 San Jose, CA 95110.
Please contact us if you have any questions or concerns about our Term of Service or any other terms, conditions, or policies.
2033 Gateway Place, Suite 460
San Jose, CA 95110
This concludes the Terms of Service
Last update: 25 May 2019
For complete NexGenT Inc. refund policy, visit: https://help.nexgent.com/refund-policy/nexgent-inc-refund-policy
This concludes the Refund Policy
Last updated: April 1st, 2019
NexGenT Inc. is it’s own data controller and does not sell or disclose your personally identifiable information to third parties. However, this policy may change and information may be disclosed in the event of bankruptcy, merger, or acquisition. NexGenT Inc. uses reasonable data security measures to protect all user data, content and materials on the Site.
Information We Collect
NexGenT Inc uses the information we collect to:
● Provide services for which our customers pay
● Improve the Site, services and usability
● Communicate with our users
● Share success stories and experiences
Personally Identifiable Information: We may collect personally identifiable information that you voluntarily provide to us when you purchase products or services through the Site, create an account, and/or contact us for customer service purposes. The types of information that may be collected include name, address, email address, telephone number, t-shirt size, age, country of origin, salary info/goals, IT certification/experience info, IT interest areas, user goals/interests/dream job/aspirations, user referral info, user sign-up date, user product/service purchase details, payment history, training progress data, current user employment status info/details, and, as applicable, billing information.
You provide certain personally identifiable information to us when you register your email address with us for mailing lists or other Site services and/or when you send email messages, submit forms, or transmit other information. If you correspond with us via email, we may retain the content of your email messages, your email address, and our responses. If you pose questions about our services, we may incorporate those questions onto an FAQ page to improve the Site experience, but we will not divulge personal identifying information such as your name or email in that case.
Other Voluntarily Provided Personal Information: Certain customers/students may be asked to voluntarily share their success stories and/or experiences for posts on our Site and advertising purposes. If the customer/student is willing and explicitly agrees to voluntarily share their stories and information then the customer/student rightfully grants NexGenT Inc. permission to edit, alter, copy, exhibit, publish, or distribute any images, videos, voice, and personal information as advertising material. Students understand that this includes, but is not limited to photos, LinkedIn profiles, mentor session video or audio recordings, video or audio based testimonials, case studies, and other forms of broadcast material deemed useful by NexGenT Inc. Furthermore, customers/students who voluntarily participate in these activities release NexGenT Inc. for all claims and liability relating to the use of advertising material. Customers/students will not receive financial compensation for volunteering or being involved in NexGenT Inc.’s advertising efforts.
Additional voluntarily provided information may include testimonials, product reviews, and other information provided when customers/students participate in review boards, discussion boards, chat sessions, mentor sessions and coaching calls and/or other interactive areas of the Site and its services.
Mandatory Information: In order to become a customer you are required to provide the following information when purchasing NexGenT Inc.’s products and services: name, email, and billing info. Without this information we will be unable to set up your account or subscribe you to the Site services.
● To have personal data deleted or removed
● To restrict/block/suppress processing of personal data
● To retain and reuse personal data for own purpose
● To object personal data being used for the purpose of direct marketing or advertising
● To have their personal data be rectified if it is inaccurate or incomplete
● To be informed about how personal data is being used
● To have knowledge about what user data is being stored and how it is being processed
● To be protected against the risk of potentially damaging decisions made without human intervention (e.g. automated processing by a third party that affects you as user of the Site)
For any questions about your rights as a user or for clarification or requests pertaining to the user rights defined above please send an email to firstname.lastname@example.org detailing your request.
Information we collect automatically
Cookies: When you use the Site, we may send one or more “cookies” – a small data file – to your computer to uniquely identify your browser and let NexGenT help you log in faster and enhance your navigation through the Site. A cookie may convey anonymous information about how you browse the Site to us. A persistent cookie remains on your hard drive after you close your browser so that it can be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is disabled.
Log Files: When you use the Site, our servers automatically record certain information sent by your web browser. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Site, domain names, landing pages, pages viewed, mobile carrier, and other such information.
Local storage: We store data locally on your device to enhance the user experience on our site. Browser local storage allows us to save what page you are on, and what lesson progress you have made, so that when you return at a later time or refresh the browser, the page will remain the same.
How we use the information we collect
We do not use any data disclosed from our users to make automated decisions such as for credit scoring, loan screening, profiling users or making employment decisions.
General Operation of the Site: We use the information you submit to operate, maintain, and provide the features and functionality of the Site or otherwise in connection with our business in relation to the Site. If you provide an email address, it may be used to send you information, company news, updates, and/or related product or service information. You may unsubscribe from emails at any time by using the unsubscribe link in the email you received from us, or by contacting using the contact information provided herein or on the Site.
Non-private Communication Channels: Any information you voluntarily submit to the Site’s non-private communication channels (for example, if you submit a discussion question to our discussion boards) becomes available to other users of the Site and potentially the public. Even if you remove the content, copies may remain viewable in cached or archived pages if other users have copied or stored your content.
Business Mergers and Transfers: As we develop our business, we may buy or sell assets or business offerings. Customers, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the event of bankruptcy, merger, or acquisition.
Information Provided to Law Enforcement: We may also be required by law enforcement or judicial authorities to provide personal information to the appropriate governmental authorities. We will disclose personal information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
Your Use: We will display your personal information in your profile page and elsewhere on the Site according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time. We may also share or disclose your information with your consent, for example, if you use a third party application to access your account (see below).
Third Party Services: We may share your information with a third party application with your consent, for example when you choose to access our Site through such an application such as logging to the Site using LinkedIn.
Non-Personally Identifiable Information: We may disclose your non-private, aggregated, or otherwise non-personally identifiable information, such as anonymous usage data, etc., with interested third parties to help them understand the usage patterns for the Site.
How We Protect Your Information:The security of your information is important to us, and when you enter sensitive information as part of our service, we encrypt the transmission of that information using secure socket layer technology (SSL).
NexGenT uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information, once we receive it. For example, we continuously and regularly back up your data to help prevent data loss and aid in data recovery. We also host data in secure SAS 70 audited data centers, and implement firewalls and access restrictions on our servers to secure our network and better protect your information. No method of electronic transmission of storage is 100% secure, however, and we cannot ensure or warrant the absolute security of any information you transmit or store in the Site.
Collection of Information by Third Parties
Protecting the privacy of children is very important. Our Site and services are not directed to persons under the age of 18 and NexGenT does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register to our Site or services without parental consent. Purchases of NexGenT Inc’s products and services are only available to persons over the age of 18. Website visitors may be asked to verify their age when purchasing NexGenT Inc.’s products and services.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
NexGenT has submitted its application to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy shield Framework.
If, at any time in the future, we do transfer information, we will implement the choice principle that establishes how our users can limit how their personal data is used.
2033 Gateway Place, Suite 460
San Jose, CA 95110