1. ACCEPTANCE OF TERMS
Hellenext provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. Your use of the Site constitutes your agreement to all such terms, conditions, policies and notices (the “Agreement”).
2. DESCRIPTION OF SERVICE
Hellenext provides users with access to a rich collection of resources through its network of properties (the “Service”). The Service includes a full copy of the current Hellenext site and special content features. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Hellenext properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Hellenext assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service by joining through Hellenext’s registration page and understand that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. MODIFICATIONS TO SERVICE
Hellenext reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hellenext shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Hellenext may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use Hellenext after the notice is posted, you are indicating your acceptance of those changes.
4. FEES AND PAYMENTS
Hellenext offers this service free of charge exclusively to registered students, teachers and professors at fully accredited two- and four-year colleges and universities, who have read the Next Generation Initiative’s mission statement and pledge to uphold and support the educational purposes and principles described in the Initiative’s mission statement, and have read this membership agreement and agreed to be bound to be bound to its terms.
Hellenext will charge any others fees to become a full (non-student or non-teacher) member. In order to use the Service or designated portions of the Service you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Hellenext reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
In order to set up a paid membership with Hellenext you must provide Hellenext with valid credit card information or a valid check or money order. By submitting such credit card information, you give Hellenext permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. All Fees (other than renewal fees) will be charged at the time they are incurred.
5. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to obtain access to Hellenext’s Service, you will select a member ID (username) and a password. You will provide Hellenext with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting our Edit Account page). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your Hellenext account including, but not limited to, use of the account by any person authorized by you to use your member ID and password.
6. NON-TRANSFERABILITY OF MEMBERSHIP
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void and may result in the cancellation of your account.
7. MEMBERSHIP RENEWAL AND CANCELLATION
Hellenext will automatically renew and charge your account upon every one-year or monthly anniversary of the date on which you joined depending on the membership plan that you selected during enrollment. If you purchased a two-year membership with a credit card your account will be automatically renewed as a one year membership. You give permission to Hellenext to automatically charge your membership fee to your credit card annually or monthly depending on your membership plan. However, you may “opt out” of this automatic renewal at any time by visiting your Edit My Account page here and indicating your preference. Or, at any time prior to the end of the applicable billing period (month, year, every other year), you may give Hellenext notice by e-mail to email@example.com that you do not wish to renew your account. Also, Hellenext will e-mail annual members approximately one month before such a renewal and give them the opportunity to cancel their memberships. Hellenext will cancel your account upon receipt of such notification from you.
The renewal charge will be equal to your original sign-up price, except if you upgraded to another plan.
You may cancel an annual membership and receive a full refund if you make your cancellation and refund request to firstname.lastname@example.org within 30 calendar days from the day you signed up. No other refunds will be offered.
Refunds to members who opt to receive special offers like free books, magazines, CDs and other services and items will be reduced by the amount of the retail price of, and shipping costs associated with, the special offer item.
8. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Hellenext shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
9. SPECIAL OFFERS
From time to time Hellenext may offer limited-time incentives that members may opt to receive as part of their membership. These incentives may include, but are not limited to books, magazine subscriptions, music CDs, software, special discounts and various services. The following general restrictions apply to these incentives:
Cost considerations dictate that shipping may be restricted to addresses within the United States.
Current subscribers to magazines and other services that we offer as incentives may not be eligible for these offers.
If you have opted into a Membership Premium offer and cancel your membership within the first 30 days of your membership and request a refund, your refund will be reduced by the amount of the special offer’s retail and shipping price.
Hellenet may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hellenext has no control over such sites and resources, you acknowledge and agree that Hellenext is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hellenext shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HELLENEXT 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.
b. HELLENEXT 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, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HELLENEXT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY HELLENEXT OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY HELLENEXT AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HELLENEXT 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 HELLENEXT 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 RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT 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 6 AND 7 MAY NOT APPLY TO YOU.
14. TRADEMARK INFORMATION
All materials on this site (“Online Materials”), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Hellenext or by other parties that have licensed their material to Hellenext. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
The Next Generation Initiative is a trademark of the Next Generation Initiative. Hellenext and other Hellenext logos and product and service names are trademarks of Hellenext LLC. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that Hellenext is a news and information site and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. Hellenext will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that Hellenext’s content or trademarks are being misused please contact email@example.com as soon as possible.
The failure of Hellenext to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the other provisions of the TOS 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group: firstname.lastname@example.org
18 . INDEMNIFICATION:
You agree to indemnify, defend and hold Hellenext harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
19. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS:
You agree that any letter sent by you to Hellenext will become the property of Hellenext LLC once received. Hellenext reserves the right to:
Delete your letter at its discretion.
Publish or not publish such letter, at its discretion on its website.
Retain your letter on its Website for perpetuity or until such time as it deems your letter no longer relevant to include on its Website.
Utilize your letter as it deems appropriate but in no event will your letter be sold to any third party.
Any comments, materials, or letters sent by you to Hellenext regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed. Hellenext shall have no obligation of any kind with respect to such Received Materials and Hellenext will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction.
Furthermore, Hellenext is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Hellenext for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
You can read Hellenext’s privacy statement here.
21. RESTRICTIONS ON USE:
You may not use Hellenext or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use Hellenext solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
23. ENTIRE AGREEMENT:
This Agreement and any other terms and conditions of service on Hellenext.org constitute the entire agreement between you and Hellenext and govern your use of the Service.
24. REFUSAL OR DISCONTINUANCE OF SERVICE:
Hellenext reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.
25. CHOICE OF LAW AND FORUM:
This Agreement will be governed by the laws of the State of Virginia. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Virginia and you agree to personal jurisdiction by the state and federal courts sitting in Fairfax, Virginia. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.
I HAVE READ AND UNDERSTAND THIS MEMBERSHIP AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.