Terms of Use

Last Modified: August 26, 2015

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Next Tier Education, Inc. and its subsidiaries and affiliates (“Next Tier,” “we,” or “us”), require that all visitors to a Web or mobile site, or other application, operated by Next Tier (the “Site”) adhere to the following terms and conditions of use (“Terms”). By using this Site, you are deemed to have agreed to these Terms. The Site also may contain additional terms that govern particular features or offers (“Additional Terms”).  The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and the Additional Terms. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.  You should check these terms and conditions periodically for changes. By using this Site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions please do not use this Site.

1.  CHANGES TO THE SITE

We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).

2.  LICENSE TO ACCESS AND USE

2.1 You may access and use this Site only for your personal use. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

2.2 You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.

2.3 You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

3.  PARENTAL PERMISSION AND ELIGIBILITY

We strongly urge all parents to participate in their children’s exploration of the Internet and any online services, and to teach their children about protecting their personal information while online.  We prohibit registration by children under the age of 13 for the Site. We will not knowingly collect personally identifiable information from children under 13.  We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian, and we may limit access to certain portions of the Site to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

4.  PRIVACY POLICY

Information that you provide to us or that we collect about you through your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.

5.  ELECTRONIC COMMUNICATIONS

When you visit the Site, submit information to the Site, or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the Site or sending you messages through the Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

6.  INTELLECTUAL PROPERTY

You understand and agree that we own, or (where applicable) we have the right or license from third parties, to all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable intellectual property and proprietary information of Next Tier or its licensors and Content providers that is protected by applicable laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Next Tier or its licensors and content providers.

7.  COPYRIGHT POLICY

If you believe in good faith that any Content has been used in a way that constitutes copyright infringement, you may forward the following to us at feedback@NextTier.com: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) 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; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.

8.  TERMINATION OF ACCESS

8.1 Next Tier reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and Next Tier, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.

8.2 Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, Next Tier will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.

8.3 You may terminate your registration with the Site at any time, for any reason, by email to info@NextTier.com.

9.  USER CONDUCT

In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, you may not cause or permit any person to do any of the following:

(a) use the Site or Content for any unlawful purpose;

(b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

(c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;

(d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;

(e) violate any code of conduct or other guidelines which may be applicable for any particular feature of the Site;

(f) harvest or otherwise collect information about others, including e-mail addresses, without their consent;

(g) use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;

(h) use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication;

(i) create a false identity for the purpose of misleading others; and

(j) violate any applicable laws or regulations.

10.  SUBMISSIONS

10.1 By disclosing or offering any information to us, including comments, documents, images, photos, video, works of authorship, graphics, suggestions, ideas, or other information (each, a “Submission”), either through your use of the Site or otherwise, you authorize Next Tier to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to Next Tier an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.

10.2 By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.

10.3 Next Tier may remove any Content that in its sole judgment violates these Terms or which may otherwise be offensive, illegal or violate the rights, harm or threaten the safety of any third party.  Next Tier assumes no responsibility for monitoring the Site for inappropriate Content or to modify or remove any inappropriate Content.  Next Tier is not responsible for the conduct of any end user submitting any inappropriate Content.  If you find Content that you believe to be offensive or that you believe violates these terms and conditions, please notify Next Tier.  We may choose to investigate such complaints and, if so, will take actions we determine to be appropriate, including up to removing of the Content and terminating the access of an end user.  However, we reserve the right not to take any action.

11.  PRICING

11.1 With respect to any fee-based portions of the Site, all prices exclude all taxes.  To the extent permitted by law, these taxes are your responsibility.  All prices are stated and shall be charged in United States dollars.  Any currency exchange settlements shall be based on your agreement with the provider of your designated payment method.  Next Tier reserves the right to change such prices from time to time.  If there was a time period associated with the service you purchased, the price at the time you purchased such service shall remain in effect for such time period.  Thereafter, the new price shall apply.  If you purchase a service that is designated as a monthly or other periodic basis, unless expressly stated otherwise, such service shall automatically renew from month to month (or such other period that applies to the service) and you shall be charged any applicable fees for such renewal, unless you cancel your subscription prior to the renewal period.

11.2 If you do not wish to accept a change in the price of a service as described above, then you must cancel the service prior to the effective date of the price change and your access to such service shall end immediately upon such cancellation (unless expressly provided otherwise).  If you have elected not to renew a monthly or other periodic service, your access to the service shall end upon the expiration of the original service period.  Unless expressly agreed otherwise, or as required by law, all charges are non-refundable.

12.  ELECTRONIC RECEIPTS

Next Tier shall send you e-mail receipts of all purchases made using your billing account to the email address associated with your account on the Site. You accept the sufficiency of such e-mail receipts and agree that it is your duty to print or save each e-mail receipt for your records.  Next Tier is not responsible for any problem you may have in receiving such e-mail receipts, including your spam filter settings, and no such problem shall excuse you of your payment obligations.

13.  REVIEW OF CHARGES

It is your responsibility to review all of your e-mail receipts for accuracy and to notify us of any error 90 days after the date you receive the relevant account statement from your designated payment method provider or such amounts will be deemed to have been accepted by you.  You hereby release Next Tier from any liability for any error that is not reported to Next Tier within such period.

14.  NO ADVICE

The Content provided through the Site should be used for informational purposes only; the content is not intended to be a substitute for professional advice. Always seek the advice of a relevant professional with any questions about any career, health, financial or other decision you are seeking to make. In the case of any Content pertaining to educational institutions, users should always consult the educational institution for the most up-to-date information, including, but not limited to, all information related to admission and application dates.

15.  SECURITY

Next Tier takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.  You are solely responsible for maintaining the confidentiality of your password.  Next Tier may assume that any individual accessing your account with your password is you and you shall be responsible for all acts or omissions committed by such individual.  You agree not to use the account, user ID, or password of any other registered end user or to disclose your password to any third party.  You must notify Next Tier immediately if you suspect or become aware of unauthorized use of your account or access to your password.

16.  HYPERLINKS

16.1 This Site may include hyperlinks to other websites which are not maintained by Next Tier. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Next Tier of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and Next Tier will have no liability for any loss or damage arising from your access or use of any external website. Since Next Tier is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.

16.2 Images of the Next Tier logo can only be used to link to the Site; any other use of the Next Tier logo can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that Next Tier approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

16.3 We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the Next Tier logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the Next Tier logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.

17.  USE OF TRADEMARKS

Except for the limited permission to use the Next Tier logo as set forth in these Terms, you may not, without our express written permission, use any Next Tier trademarks or service marks for any other purpose.

18.  DISCLAIMER

18.1 The use of this SITE by you is at your own risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, NEXT TIER AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE IS OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

18.2 APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

19.  LIMITATION OF LIABILITY

19.1 In no event will Next Tier, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Representatives”), be liable to you or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.

19.2 Under no circumstances will Next Tier or our Representatives be liable to you or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Next Tier and the Representatives will be limited in accordance with these Terms to the extent permitted by law.

19.3 Without limiting any of the foregoing, if Next Tier or any of our Representatives is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

20.  INDEMNIFICATION

You agree to defend, indemnify and hold harmless Next Tier, and our Representatives from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and Next Tier; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.

21.  JURISDICTION

These Terms will be construed and enforced in accordance with the laws of the State of Illinois. You submit to personal jurisdiction in Illinois, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Cook County, Illinois.

22.  WAIVER OF JURY TRIAL

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

23.  MISCELLANEOUS

23.1 These Terms,  the Privacy Policy, and any Additional Terms (as each may be revised and amended from time to time) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content.

23.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

23.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

23.4 These Terms do not confer any rights, remedies, or benefits upon any person other than you.

23.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

23.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

23.7 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

23.8 Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

23.9 Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.

24.  OTHER AGREEMENTS

If you have entered into a separate written agreement with Next Tier with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.

25.  QUESTIONS

Please contact us with any questions regarding the Site or these Terms at info@NextTier.com.

Privacy Policy

Last Modified: August 26, 2015

Your privacy is important to us. Next Tier Education, Inc. and its subsidiaries and affiliates (“Next Tier,” “we,” or “us”), understand your concerns with regard to how information about you is used and shared, and we appreciate your trust that we will use and share information about you carefully and sensibly. This Privacy Policy describes what information we collect about you, how we collect it, how we use it, with whom we may share it, and what choices you have regarding it. This Privacy Policy applies to your use of our web or mobile site, or other application (the “Site”) and any other means by which we may collect information about you, including information you may provide to us other than on the Site. We encourage you to become familiar with this Privacy Policy. By accessing and using the Site, you agree that you have read and understand this Privacy Policy and that you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Privacy Policy.

This Privacy Policy does not apply to any other websites. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of other companies or other websites. We encourage you to seek out and read the privacy policy of each website that you visit.

1.  What information do we collect, and how do we collect it?

We and our third party service providers (“Contractors”) may collect certain information from or about you in connection with your use of, or your submissions to or via, the Site (together, “Collected Information”), including, but not limited to, email address. In addition, we and our Contractors may retain the content of, and metadata regarding, any correspondence you may have with us or our representatives, regardless of the mode of communication by which such correspondence was made. This information helps us to improve the Site and the online content, materials, and services that we make available on the Site, and to more effectively and efficiently respond to both current and future inquiries.

In order to gain access to certain portions of the services on the Site, Next Tier may require you to register to create an account as set forth in the account registration procedures posted on the website and mobile applications.  To register, you will be asked to enter your email address and then select a password.

As part of your participation on the Site, you may post user generated content in certain areas of the Site.  You acknowledge that posting user generated content on the Site is at your own risk.  While the Site may provide features that permit you to limit access to your pages on the Site, you acknowledge that these security measures are limited and could be circumvented.  Next Tier has no control over the actions of other users of the Site with whom you choose to share your pages and your Collected Information.  Accordingly, user generated content posted by you might be accessible to unauthorized persons.  Next Tier is not responsible for any actions by third parties to circumvent the privacy and security mechanisms contained in the Website.  You further acknowledge that, even after user generated content might be removed from the Site, copies of such user generated content could still be viewable through the Site if other users of the Site have copied and stored your user generated content or if individuals have access to archived or cached versions of the pages before the user generated content was removed.

As with many other websites, the web servers used to operate the Site may collect certain data pertaining to you, including data regarding the equipment and communications method that you use to access the Site, and your activities on our Site. For security reasons and to confirm the integrity of the Site, we and our Contractors may combine components of thIs data with Collected Information, which may identify you. Unless otherwise described in this Privacy Policy, such identifying information (which is deemed “Collected Information” hereunder) will be used solely for our business purposes.

In addition, the Collected Information may reveal such things as the Internet protocol (“IP”) address assigned to your computer, specific pages that you access on the Site or prior to or after visiting the Site, and the length of time you spend at the Site. We and our Contractors may use this information to help administer the Site and the servers that provide the Site, generate statistical information, monitor and analyze Site traffic and usage patterns, and improve the Site’s content and content delivery, including any online content, materials, and services that we describe or make available on the Site.

In addition, our Site may send one or more “cookies” to your computer to improve the utility of the Site by storing user preferences and tracking user trends (also deemed “Collected Information” hereunder). Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Please note that you may not be able to access the full functionality of our Site if cookies are disabled on your browser.

2.  How will we use the information you provide to us?

In addition to the uses described above, we and our Contractors may use Collected Information to analyze and improve the content, materials, and services that we make available on the Site, to notify you of changes made to the Site, to evaluate user needs and improve the Site content, to send you promotional materials, and support our continuing efforts to offer users the information and services we think they want most. If you contact us for support or assistance, we may use Collected Information to provide service and support to you. We may also use Collected Information and the associated statistical data we and our Contractors generate to deliver targeted advertisements to you and other visitors of our Site.

We may also contact you to confirm registration information and regarding changes to Next Tier’s Terms of Use and this Privacy Statement.  On occasion, we may send you updates, a newsletter or other news regarding the Site.  You may choose to “opt-out” of these notifications at any time, even after you have provided personally identifiable information, by following the procedures set forth below. Please note, however, that under certain circumstances, if you initially do not choose to “opt-in,” or if you later “opt-out,” you may not be eligible for certain services from us for which a name, e-mail address, telephone number or other personally identifiable information is needed.

As part of your registration on the Site, you shall receive a user profile. Your profile information, as well as your name, email and photo, may be displayed to other people on the Site in accordance with your privacy settings.

Next Tier may send you, and third parties identified by you, service-related announcements from time to time through the general operation of the Site, such as to indicate that you have received a message from another user or to alert you of an event for which you have asked to receive alerts.

Next Tier may use information you submit to the Site in a non-identifying fashion (unless otherwise permitted by you) in order to provide aggregate statistics regarding the user membership of the Site and to provide personalized advertisements to you.

We and our Contractors may store Collected Information for as long as needed for the purposes indicated in this Privacy Policy, which may be indefinitely.

3.  Privacy of Children

We understand that young people need special safeguards and privacy protection. We realize that they may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We strongly urge all parents to participate in their children’s exploration of the Internet and any online services, and to teach their children about protecting their personal information while online.

We prohibit registration by children under the age of 13 for the Site and no one under 13 may provide any personally identifiable information to Next Tier or on the Site. We do not knowingly collect or solicit personally identifiable information from children under 13.  If you are under 13, please do not attempt to register on the Website or send any information about yourself to Next Tier.  You agree to abide by these restrictions, and not to help anyone avoid these restrictions.  If Next Tier learns that we have collected personally identifiable information from a child under the age of 13 without parental consent verification, we will delete the information as soon as possible.  If you believe that we have any personally identifiable information from or about a child under the age of 13, please contact us at info@NextTier.com. If you are a teacher or other adult who is looking to make use of the Site in connection with an event for a school event or community group that includes children under 13, please contact us at info@NextTier.com so that we can discuss available options with you.

4.  With whom do we share the information we collect?

We may share Collected Information with certain of our Contractors (e.g., our web hosting provider) in order to provide the Site to you. We may also share Collected Information with some of our business and marketing partners in furthering our mission as an organization or delivering the content, materials, and services available on or through the Site to you and any complimentary services to the services provided on or through the Site. We and our Contractors may also produce reports on Site traffic, usage patterns, and similar data generated from Collected Information, and we may share these reports with our business and marketing partners and others.

We may disclose Collected Information to the proper authorities if we become subject to a subpoena or court order or if we believe that we are otherwise legally required to disclose such information. We may also use and disclose information about you to establish or exercise our legal rights, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

If all or part of Next Tier is sold, merged, or otherwise transferred to another entity, we may transfer Collected Information to such entity as part of that transaction.

5.  What choices do you have?

When corresponding with Next Tier or our representatives, or when making a request for information or otherwise interacting with us or others through the Site, you choose what information to supply, what questions or comments to submit, whether you wish to receive further information, and by what method of communication such information should be delivered. Please take care to share only such information as is needed or that you believe is appropriate. You are under no obligation to provide us with personally identifiable information, but without it we may not be able to provide you the products or services you request. You may contact us as indicated below if at any time you would like to ask us about our data collection and information security practices.

6.  How Do We Protect Information Collected About You?

We have put in place certain security measures to safeguard Collected Information, but the storage and communication of Collected Information can never be completely secure. Hence we do not guarantee that information that you transmit or otherwise supply to us, or any communications conducted on or through the Site, is or will be totally secure. If you become aware of any breach of Site security or this Privacy Policy, please notify us immediately.

7.  Interactive Areas

We may provide areas within the Site that allow users to post commentary and other materials. If we do, these interactive areas, such as discussion forums, are intended to enhance the user experience and build a healthy community around the products and services available through the Site. Next Tier is not liable for information posted in interactive areas of the Site. You acknowledge that, should you participate in such interactive areas, the information you voluntarily post about yourself and third parties in such areas might be accessed, collected and used by third parties other than Next Tier or our Contractors.

8.  Access To and Correction of Information

Most of the Collected Information about you on the Site is directly accessible by you through the Site’s features and you may modify or delete such information at any time by logging into your account and using the Site’s account editing functions.  Please note that information you remove through such means may still remain in backup copies for a reasonable period of time.

You acknowledge and are aware that personally identifiable information that you have shared with other users of the Site through one of the communication channels on the Site generally cannot be removed by you.

If you would like to review any of the other personally identifiable information we have retained about you in our database, please send us an e-mail request for this information at info@NextTier.com. To help us address your request, please specify which information you wish to review. Once you have reviewed this information, at your request we will correct personally identifiable information about you that you state is erroneous. To request such a correction, please send an e-mail to info@NextTier.com. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers although we will always make reasonable efforts to do so upon your request.

9. Choice/Opt-Out

If at any time you would like to stop receiving notifications or opt-out of a feature, you may choose to opt-out by unsubscribing from . You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers although we will always make reasonable efforts to do so upon your request.

10. We may change this Notice

From time to time, we may change our privacy practices, and this Privacy Policy, because of changes in relevant and applicable legal or regulatory requirements, our business practices, or in our attempts to better serve your needs and those of our other customers.  We will try to notify you of any such changes, and a revised policy will be posted on this Site.  We encourage you to regularly review the current version of this Privacy Policy on the Site.

12. Location of this Site

This Site is hosted and operated in the United States. However, we and our Contractors may, in our effort to provide the Site, store Collected Information in the United States, or we may transfer it to, and store it within, other countries.

Those who access or use the Site from jurisdictions outside the United States do so at their own choice and risk and are solely responsible for compliance with local law. If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States or elsewhere. Please note that the level of legal protection provided in the United States or other non-European countries from which you may access our Site may not be as stringent as that under European Union privacy standards or the privacy laws of some other countries, possibly including your home jurisdiction.

13. Third Party Advertising

Ads appearing on the Site may be delivered to users by Next Tier or one of our advertising partners. Our advertising partners may set cookies or web beacons or use other technologies that allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies and tracking technologies by Next Tier and does not cover the use of cookies or other tracking technologies by any advertisers.

12. Any questions?

For any questions, or to request further information regarding this Privacy Policy or our use and disclosure of Collected Information, please contact us at info@NextTier.com.