PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
By accessing or using nextgrid.com (the “Site”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Site.
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and NextGrid Energy LLC (“NextGrid,” “we,” “us,” or “our”) governing your access to and use of the Site located at nextgrid.com and any related content, features, or services offered through the Site.
By visiting, browsing, or submitting information through the Site, you represent that: (a) you are at least eighteen (18) years of age (or the age of majority in your jurisdiction); (b) you have the legal capacity to enter into binding agreements; and (c) your use of the Site does not violate any applicable law or regulation.
2. Changes to These Terms
NextGrid reserves the right to modify these Terms at any time in its sole discretion. When we make material changes, we will update the “Effective Date” above. Your continued use of the Site after any modification constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically. If you do not agree to the revised Terms, you must stop using the Site.
3. Use of the Site
3.1 Permitted Use
Subject to your compliance with these Terms, NextGrid grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial informational purposes, including to learn about our services and to submit inquiries through our contact forms.
3.2 Prohibited Conduct
You agree not to:
- Use the Site for any unlawful purpose or in violation of any local, state, national, or international law or regulation
- Transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or other forms of solicitation
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity
- Collect or harvest any personally identifiable information from the Site, including usernames or email addresses
- Engage in any conduct that restricts or inhibits any person’s use or enjoyment of the Site
- Attempt to gain unauthorized access to any portion of the Site, its servers, or any connected systems or networks
- Use any robot, spider, scraper, crawler, or other automated means to access the Site for any purpose without our express written permission
- Introduce any viruses, Trojan horses, worms, or other malicious or harmful code
- Remove, circumvent, disable, or otherwise interfere with any security-related features of the Site
- Copy, reproduce, distribute, or create derivative works from any content on the Site without our express written authorization
3.3 Contact Form Submissions
When you submit information through a contact or inquiry form on the Site, you represent that the information you provide is accurate, complete, and current. You grant NextGrid the right to use the submitted information to respond to your inquiry and to communicate with you regarding our services. You agree not to submit any false, misleading, or fraudulent information.
4. Intellectual Property
4.1 Ownership
The Site and all content, features, and functionality — including but not limited to text, graphics, logos, images, audio clips, data compilations, software, and the design, selection, and arrangement thereof — are owned by NextGrid, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
4.2 Trademarks
The NextGrid name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NextGrid Energy LLC or its affiliates. You may not use such marks without the prior written permission of NextGrid. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
4.3 Limited License to Users
You are permitted to view, download, and print content from the Site solely for your personal, non-commercial informational purposes, provided that you: (a) do not modify or alter the content; (b) retain all copyright and proprietary notices; and (c) do not use any content in a manner that suggests an association with NextGrid or its products without prior written consent.
5. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXTGRID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NEXTGRID DOES NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, our warranties are limited to the greatest extent permitted by law.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXTGRID, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, BUSINESS, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT NEXTGRID WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXTGRID’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
7. Indemnification
You agree to defend, indemnify, and hold harmless NextGrid and its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Site; (c) any content or information you submit through the Site; or (d) your violation of any third-party right, including any intellectual property, privacy, or proprietary right.
8. Third-Party Links and Content
The Site may contain links to third-party websites, services, or resources. These links are provided solely for your convenience. NextGrid has no control over the content, policies, or practices of any third-party websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you access third-party websites through links on our Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The inclusion of any link on the Site does not imply endorsement, sponsorship, or recommendation by NextGrid. We encourage you to review the terms and privacy policies of any third-party websites you visit.
9. Electronic Communications
By submitting a contact form or otherwise providing your contact information through the Site, you consent to receive electronic communications from NextGrid in response to your inquiry. Such communications may include emails, phone calls, or other forms of contact. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
NextGrid’s email communications comply with the CAN-SPAM Act and applicable anti-spam laws. Any commercial email communications you receive from us will include a clear mechanism to opt out of future messages. You may opt out of non-transactional communications at any time by following the unsubscribe instructions included in such communications or by contacting us at privacy@nextgrid.com.
10. Privacy
Your use of the Site is also governed by our Privacy Policy, located at www.nextgrid.com/privacy-policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of your information as described in our Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy with respect to privacy matters, the Privacy Policy will control.
11. Digital Millennium Copyright Act (DMCA) Notice
If you believe that any content on the Site infringes your copyright, please send a written notice to our designated agent with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material on the Site that is claimed to be infringing and information reasonably sufficient to permit us to locate it
- Your contact information, including address, telephone number, and email address
- A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
- A statement made under penalty of perjury that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner
DMCA notices should be sent to:
NextGrid Energy LLC — DMCA Agent
Email: generalcounsel@nextgrid.com
Subject line: “DMCA Notice”
Please note that under Section 512(f) of the DMCA, any person who knowingly and materially misrepresents that material is infringing may be subject to liability.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms and any dispute arising out of or related to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law provisions.
12.2 Informal Resolution
Before initiating any formal legal proceeding, you agree to contact us at generalcounsel@nextgrid.com and provide a written description of the dispute, your proposed resolution, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receipt.
12.3 Binding Arbitration
If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in or near Boston, Massachusetts under its Consumer Arbitration Rules, rather than in court, except as provided in Section 12.4. The arbitration shall be conducted in English. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY.
12.4 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDING TO RESOLVE CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You agree that you may not bring a class action or private attorney general action against NextGrid. If this waiver is found to be unenforceable, then the entirety of the arbitration agreement in Section 12.3 shall be null and void.
12.5 Exceptions to Arbitration
Notwithstanding Section 12.3, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
12.6 Venue
Subject to the arbitration provisions above, you consent to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts for any disputes not subject to arbitration or for enforcement of arbitration awards.
13. Accessibility
NextGrid is committed to making its Site accessible to individuals with disabilities. We strive to conform with the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA. If you experience difficulty accessing any portion of the Site, please contact us at legal@nextgrid.com and we will make reasonable efforts to assist you.
14. Termination and Access Restriction
NextGrid reserves the right, in its sole discretion, to terminate or restrict your access to all or any part of the Site at any time, without notice, for any reason, including if we believe you have violated these Terms. Sections 4, 5, 6, 7, 12, and 15 shall survive any termination of these Terms.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by NextGrid on the Site, constitute the entire agreement between you and NextGrid concerning the Site and supersede all prior and contemporaneous agreements, representations, and understandings.
15.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect.
15.3 Waiver
No failure or delay by NextGrid to exercise any right or enforce any provision of these Terms shall constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of NextGrid.
15.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without NextGrid’s prior written consent. NextGrid may freely assign these Terms without restriction. Any purported assignment in violation of this section is null and void.
15.5 Force Majeure
NextGrid shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, labor disputes, or internet or telecommunications failures.
15.6 No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and NextGrid.
15.7 Headings
Section headings in these Terms are for convenience only and have no legal or contractual effect.
16. Contact Us
If you have any questions about these Terms of Service, please contact us at hello@nextgrid.com.