NextGen Prospect Software Clients

Terms of Use

We’re providing you notice about our intellectual property rights.

NextGen reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. NextGen, and “in” logos and other NextGen trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of NextGen.

Users may not purchase, use or access the NextGen services for the purpose of building a competing product or service, or for any other competitive purposes.

We have the right to limit how you connect and interact on our Services.

NextGen reserves the right to limit your use of the Services, to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services and/or violating this agreement.

Users may not use the NextGen service on behalf of any third party, individual or organization of any kind.

Upon registration, NextGen clients are asked to provide us with a verifiable email address from an accredited collegiate institution and/or professional sports organization. NextGen uses this information to validate user identities and for user creation/sign-in. We may utilize this contact data in order to gain feedback about our platform and associated services. We may not distribute user contact information in any form to users outside of users of the NextGen platform.

User generated content within our app is not to be viewed, shared, distributed, printed, or referenced in any way without the express permission from the user organization primary admin as provided in the NextGen Terms of Service or as may be required by law. 

You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.

We’ll honor the choices you make about who gets to see your information and content, including how it can be used.

As between you and NextGen Prospect, you own the data and information that you submit to the Services, and you are only granting NextGen the following non-exclusive license:

  • Data entered from high school athletes and/or data entered about high school athletes may be distributed exclusively to verified NCAA coaches/staff as part of the NCAA Scouting Service compliance.

  • Data entered by collegiate staff regarding their own organization, players, rosters and any associated internal data may be shared exclusively with NFL player personnel. 

  • Collegiate users may opt out of sharing this data within the NextGen platform using their privacy settings.     

User data be viewed or accessed only for the purpose of tech support, onboarding, general use questions or suspected violation of the Terms of Service, or as may be required by law. Users are responsible for maintaining their own log-in credentials. You will not share an account with anyone else and will follow our rules and the law.

Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.

NextGen may not sell user personal contact information including customer e-mail addresses to anyone for any reason. NextGen may disclose and transfer the information obtained from you through this Site or the Service as part of a merger, acquisition or other sale of its assets or business.

We may be legally obligated to disclose information to the government or to third parties under certain circumstances, such as illegal activity on our Site. NextGen reserves the right to release personal information to its service providers, law enforcement or other government officials or in response to a formal request in a civil action, NextGen at our discretion, deems necessary.

NextGen reserves the right to communicate directly with users relating to new feature releases, database updates and any such announcements that may be pertinent for a successful user experience.

Users will honor your payment obligations as shown on the provided invoice & corresponding agreement. 

By submitting suggestions or other feedback regarding our Services to NextGen Prospect, you agree that NextGen can use and share (but does not have to) such feedback for any purpose without compensation to you.

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

NextGen Prospect MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NextGen Prospect AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS NextGen Prospect HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), NextGen Prospect, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

NextGen Prospect WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO NextGen Prospect FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $500.

The limitations of liability in this Section 4 are part of the basis of the bargain between you and NextGen and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if NextGen or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

In the unlikely event we end up in a legal dispute, you and NextGen agree to resolve it in New York courts using New York law.

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. If you live in the Designated Countries: 

For others outside of Designated Countries, including those who live outside of the United States: You and NextGen Prospect agree that the laws of the State of New York, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and NextGen Prospect both agree that all claims and disputes can be litigated only in the federal or state courts in Monroe County, New York, USA, and you and NextGen each agree to personal jurisdiction in those courts.

NextGen Prospect is a community of professionals networking on behalf and directly with collegiate, high school and professional staff & student-athletes.

 

You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  2. Provide accurate information to us and keep it updated;

  3. Use your real name on your profile; and

  4. Use the Services in a professional manner.

 

You agree that you will not:

  1. Create a false identity on NextGen, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

  2. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;

  3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);

  4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of NextGen;

  5. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));

  6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;

  7. Violate the intellectual property or other rights of NextGen, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “NextGen Prospect” or our logos in any business name, email, or URL. 

  8. Post anything that contains software viruses, worms, or any other harmful code;

  9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;

  10. Imply or state that you are affiliated with or endorsed by NextGen without our express consent (e.g., representing yourself as an accredited NextGen trainer);

  11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without NextGen's consent;

  12. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without NextGen’s consent;

  13. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

  14. Monitor the Services’ availability, performance or functionality for any competitive purpose;

  15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

  16. Overlay or otherwise modify the Services or their appearance

  17. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses etc)

 

NextGen uses cookies and similar technologies to automatically gather certain technical information, such as your browser type and operating system.  This information may be linked to other information NextGen collects about you for the purposes of providing the services you request and to safeguard our systems and your information.

NextGen and its partners use cookies or similar technologies to analyze trends, administer the website, analyze users’ movements around the Properties, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Properties.  As is true of most web sites and apps, we gather certain information automatically and store it in log files. 

Information collected automatically may include Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, device type and system response times, operating system, date/time stamp, and/or clickstream data. We link this automatically-collected data to other information we collect about you.

 

We do this to: 

* Ensure that our Properties work properly on your device so we can provide you with services you request.

* Promote our legitimate interests in safeguarding and ensuring the smooth operation of our IT systems, including our Properties, and to help safeguard your personal information.

 

We may work with third parties that collect data about your use of the Properties and other sites or apps over time for non-advertising purposes. 

 

Education Law as it applies to children:

  • NextGen does not allow profiles for student-athletes under the age of 13.

  • Any and all data regarding high school student-athletes is exclusively shared with approved NCAA colleges and university staff only, without exception. 

 

In addition to New York’s Education Law Section 2-d, there are federal laws that are designed to protect student data and prohibit any misuse. The Family Educational Rights and Privacy Act (FERPA) is the foundational federal law on the privacy of students’ educational records.  It was enacted in 1974 and applies to schools that receive federal funding, which are most public schools and some, but not all, private schools. FERPA safeguards student privacy by limiting who may access student records, specifying for what purpose they may access those records, and detailing what rules they have to follow when accessing the data. FERPA also includes provisions that guarantee a parent’s right to access, review and request the correction of their child’s educational record. For additional information about FERPA and other federal laws, please visit our page, Federal Laws that Protect Student Data. Other applicable laws are the Protection of Pupil Rights Amendment (PPRA) which defines the rules states and school districts must follow when administering tools like surveys, analysis, and evaluations funded by the US Department of Education to students, and the Children's Online Privacy Protection Rule (COPPA) which imposes certain requirements on operators of websites, games, mobile apps or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.


Correcting & Updating Your Information Customers can discontinue the Service at anytime by by emailing info@nextgenprospect.com

 

Data & Security

The NextGen Prospect database is hosted and backed by industry leaders at Amazon AWS and Digital Ocean. We hold user data and security in the highest regard and utilize daily database backups in multiple locations in the case of service interruption.  The NextGen Prospect hosts the service in a secure server environment with industry-standard safeguards to help prevent disruptions and/or temporary data loss. NextGen requires unique user names and passwords that must be entered each time a customer logs into the service and does not publicly publish the required login URL for sign in on any marketing page or website. Only verified, validated users gain access to the appropriate URL link for sign in and/or registration.

 

Changes to this Statement

NextGen Prospect reserves the right to make changes to this terms of use at any time. We will notify you of changes to our terms of use within our app upon sign in as soon as the changes are published. 

If you have any questions please contact us at info@nextgenprospect.com. You may also write to us at NextGen Prospect  LLC, 144 Village Landing #321 Fairport, NY 14450.