SELF ENROLLMENT TERMS AND CONDITIONS OF SERVICE
Basic nB-Bizcard or Enhanced nB-Webcard or Premium nB-Webstore Listing
These terms and conditions of this Agreement ("Agreement ") govern the parties' obligations under which nextBlock.com ("nextBlock ") will provide you with the free Basic nB-Bizcard or fee-based Enhanced nB-Webcard or Premium nB-Webstore Listing ("Product") for the nextBlock directory ("Directory").
By clicking on the "I ACCEPT" box you hereby agree to be bound by the terms and conditions in this Agreement.
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Description of the Service:
The Enhanced nB-Webcard or Premium nB-Webstore Listing is a fee-based service provided by nextBlock to serve the needs of small businesses that have listings on the nextBlock Directory. Business owners that sign up for the Product can enhance their existing listing(s) by including details about their business including a business description, an email link for users to correspond with the business, a link to a company's existing website, if available, and other information that may be valuable to the user. -
Term:
The term of this Agreement will be year to year commencing on the date that you submit your listing for the Product (the "Initial Term"). In the event you pre-pay for a full (12) month term, such payment will be non-refundable and non-creditable. After the expiration of the Initial Term, this Agreement shall automatically renew for successive yearly periods at renewal rates applicable at the time, unless notice of termination is provided in accordance with Section 6 below; provided, however, that to qualify for each renewal the listing must at the time of renewal be in compliance with the terms and conditions of this Agreement. -
Representations and Warranties
By accepting the terms of this Agreement you represent and warrant that:- You are at least 18 years old;
- You are a permanent resident of the United States, currently residing in the United States;
- The information you provided, including your name, Email address, credit card, billing information, and any other information required to be completed on the registration form is current, complete, accurate and true;
- You currently own or control all rights in and to the website ("Your Site"), located at the web address you have provided, to the extent necessary to enter into this Agreement;
- Your Site does not violate or infringe upon the rights, including the intellectual property rights, of any third parties and complies with all applicable federal, state and local laws and regulations;
- Your Site is for a valid business located in the United States;
- Your Site must be in the English language with the official business name visible to any visitor to that site;
- Your Site must not contain any content, products, services or other information that, in
nextBlock's sole determination, is inflammatory, defamatory, offensive, or otherwise inconsistent
with the spirit of the Directory or nextBlock's (including its parent, subsidiary and affiliate's)
websites. You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content originated. This
means that you, and not nextBlock, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. nextBlock does not control the
Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will nextBlock be liable in any way
for any Content, including, but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service. You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a nextBlock official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
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Payment:
You must submit a valid credit card number on the form as part of the registration process. All fees are non-refundable and non-creditable. You acknowledge that the payment of this fee does not in any way guarantee that all your suggested enhancements will be added to your listing. -
Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. -
Member Account, Password and Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify nextBlock of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. nextBlock cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. -
nextBlock's Rights and Responsibilities:
You acknowledge that nextBlock does not pre-screen Content, but that nextBlock and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, nextBlock and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by nextBlock or submitted to nextBlock.- When nextBlock receives your request for a Basic nB-Bizcard or Enhanced nB-Webcard or Premium nB-Webstore Listing, your information may be reviewed by nextBlock for accuracy and, if your request is accepted, your Listing will appear immediately in the Directory. nextBlock will not be responsible for any delays in posting your Basic nB-Bizcard or Enhanced nB-Webcard or Premium nB-Webstore Listing.
- nextBlock reserves the right to decide whether, where, and how a listing appears in the Directory. nextBlock will consider your preferences, but reserves the right to list your Business in any category or subcategory that nextBlock deems appropriate, in its sole discretion. nextBlock also reserves the right to change your category or sub-category at any time.
- nextBlock may establish general practices and limits concerning use of the Service. You
acknowledge that nextBlock reserves the right to log off accounts that are inactive for an
extended period of time. nextBlock reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
You acknowledge and agree that nextBlock may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of nextBlock, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
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No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. -
Termination:
Either party, in its sole and absolute discretion, may terminate this Agreement with or without cause by providing the other party with at least thirty (30) days prior written notice. Notwithstanding the foregoing, nextBlock will not terminate any Product for which a Business has pre-paid, prior to the expiration of the pre-paid number of months. Notwithstanding the foregoing, nextBlock may immediately terminate this Agreement and remove your listing from if nextBlock, in its sole discretion concludes that you have provided false information as part of your submission, breached the terms of this Agreement, are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services, are engaged in activities or sales that may damage the rights of nextBlock or others or otherwise breached the terms of this Agreement. Any termination under this Section 6 shall take effect immediately without any opportunity to cure. For the month in which termination of this Agreement occurs, your credit card will be charged the full amount of the then current monthly fee without any pro-ration of any kind. -
Force Majeure:
Neither party to this Agreement shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control. -
Notices:
Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to nextBlock such notices shall be addressed to info@nextBlock.com or 1171 Allen Ave., Glendale, CA, 91201, Attn: Chief Operations Officer. If to you, such notices shall be addressed to the electronic or mailing address specified in your registration form, or such other address as either party may give the other by notice as provided in this Section. nextBlock's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By email: info@nextBlock.com -
General Information:
This AGREEMENT constitutes the entire Agreement between the parties with respect to the subject matter contained herein and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties. The Agreement shall be governed by the laws of the state of California without regard to its conflict of law provisions. The parties further consent and submit to the jurisdiction of the Courts of the State of California, including the United States District Courts of California and expressly agree to such forum for the bringing of any suit, action or other proceeding arising out of their obligations hereunder, and expressly waive any objection to venue in any such Courts and waive any right to a trial by jury so that trial shall be by and only to the Court. nextBlock's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Directory, to the Agreement, or to your Product must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect. Any and all press releases and other public announcements related to the inclusion of your listing in the Directory, including the method and timing of such announcements, must be approved in advance and in writing by nextBlock. -
Indemnification:
You agree to indemnify, defend and hold harmless nextBlock, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of or listing in the Directory, the acceptance or rejection of your Basic nB-Bizcard or Enhanced nB-Webcard or Premium nB-Webstore Listing, any alleged violation of this Agreement, or any alleged violation of any rights of others. nextBlock reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. -
DISCLAIMER OF WARRANTIES AND LIABILITIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. nextBlock EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- nextBlock MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM nextBlock OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT nextBlock SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF nextBlock HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND - NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the AGREEMENT or other matters by displaying notices or links to notices to you generally on the Service. - TRADEMARK INFORMATION
the nextBlock logo, and other nextBlock logos and product and service names are trademarks of nextBlock, LLC. (the "nextBlock Marks"). Without nextBlock's prior permission, you agree not to display or use in any manner, the nextBlock Marks. - COPYRIGHTS and COPYRIGHT AGENTS
nextBlock respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide nextBlock's Copyright Agent the following information:- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Changes to this Agreement:
nextBlock reserves the right to modify, update add or remove any or all of the terms and conditions in this Agreement at any time. Any changes to this Agreement will be posted on this page, located at nB_BusinessReg_Plans.asp. You are encouraged to check back often.









