YOU SHOULD CAREFULLY READ THESE TERMS OF USE (THE "TERMS") BEFORE USING THE NEXTPLAY WEBSITE (THE "SITE") AND ALL RELEVANT CONTENT AND SERVICES PROVIDED IN CONNECTION WITH OR THROUGH THE SITE (THE "SERVICES").
BY CREATING A USER ACCOUNT AND USING THE SITE AND SERVICES, YOU ARE CONSENTING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES.
Any information that NextPlay Nutrition ("us" or "we" or "our" or "NextPlay") collects through your use of the Site and Services is subject to the Privacy Policy, which is part of these Terms.
CALIFORNIA RESIDENTS: Please review the following terms before purchasing a subscription from us: California Subscription Terms.
By continuing to use the Site and Services, you agree as follows:
If you do not agree with and accept the Terms, please discontinue all further use of the Site and Services. Do not continue to access the Site or Services.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND NEXTPLAY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING CONTACT@NEXTPLAYNUTRITION.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Last Updated: July 24, 2025
These Terms of Use ("Terms of Use" or "Terms") are a legal contract between you ("you/your" or "user") and NextPlay. NextPlay is the creator of the NextPlay website (the "Site") and provides access to Services, including personalized meals and access to dieticians through its affiliated dieticians, available at nextplaynutrition.com. These Terms govern your use of the Site and Services and apply to individuals accessing the Site and Services. By accepting these Terms and using the Site and Services, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy.
The Site is designed to allow current and prospective users to access informational materials about NextPlay, its Services, and related content.
You may access and use the Site and use the Services only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as our Privacy Policy.
The Site and Services are not intended to be used to identify emergencies or to treat emergent, serious, or life-threatening conditions. If you are a Site or Services user and you or someone you know believes you or a patient are suffering an emergent or life-threatening condition, call 9-1-1 immediately where that service is available or go to the nearest open clinic or emergency room.
By accepting these Terms, you agree and acknowledge that we do not provide medical advice. Our role is limited to providing information about NextPlay's Services and related content.
THE SITE AND SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
General information available through the Site about NextPlay, its Services, medical conditions, services providers, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of information or advice you received in connection with the Services or something contained in the Site. If you have or you suspect that you have an urgent medical problem or condition, please contact a qualified healthcare professional immediately. No healthcare professional relationship is created between you and NextPlay by your voluntary usage of this Site and/or the Services.
Our Services include providing access to dieticians and meals. Before utilizing our Services, you should consult your physician or healthcare provider and consider the risks of utilizing the Services provided by NextPlay. You acknowledge that you knowingly and voluntarily assume any risk in undertaking a diet or utilizing dietician advice, including through use of the Services. You represent and warrant that you are in good physical health to utilize the Services, have received consent from your physician or healthcare provider to participate in the Services, and that you have chosen to use the Services under your own free will.
Images of products on the Site are examples only and may not be identical to the product or packaging you receive from NextPlay. If you have any food allergies, it is your responsibility to notify us of your allergies. Please know that despite taking precautions, normal kitchen operations may involve some shared cooking and preparation areas, equipment and utensils, and the possibility exists for your food items to come in contact with other food products, including allergens. We are not responsible for any health problems that may arise or result from any diet, nutritional information, product, consultation, event, or service made available on the Site or through the Services.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS PROVIDED THROUGH THE SITE AND SERVICES. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS.
You must register to create an account ("User Account") and become a registered user to access the Services. To register, you must create a username and provide your name, your email address, and other information specified in the registration form ("Registration Data"). You may change or correct information in your account through your User Account settings. You agree not to register for a User Account on behalf of an individual other than yourself. You may access and use the Services only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as our Privacy Policy.
By registering for an account and using the Site or Services, you represent and warrant as follows:
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SITE OR SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SITE OR SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SITE OR SERVICES.
With the exception of the Arbitration Agreement (see "Dispute Resolution" section) included near the end of these Terms, NextPlay reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms on the Site and we will change the "Last Updated" date above.
If you continue to use the Site or Services after we have informed you of the changes, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Site and Services and delete all files associated with the Site and Services on your computer and/or mobile device.
NextPlay offers a subscription model for Services. Pricing and billing cadence for Services is set forth on our Site, and pricing and subscription options may be subject to change in the future. Additional services may be available for an additional charge. We reserve the right to change our subscription or adjust prices of our Services. Any changes to your Services will only take effect following proper notice to you.
The following outlines NextPlay's pricing, billing, scheduling, and cancellation procedures. If you have any questions please email contact@nextplaynutrition.com for clarification.
When you subscribe to Services, you expressly authorize NextPlay, or its third-party payments vendor, to process payments monthly via the credit/debit card on file ("Authorized Payment Method") unless you cancel your subscription plan or we suspend or stop providing the Services.
When you provide an Authorized Payment Method, NextPlay or our third-party payments vendor will attempt to verify the information provided by processing an authorization hold on my account. NextPlay will not charge you in connection with the authorization hold, but your available balance or credit limit may be reduced.
If during your subscription term with NextPlay the level or tier of services you have selected changes, any corresponding fees will be reflected in the first automatic billing statement following the changes to the subscription level.
You will be charged for your first month of Services upon sign up for subscription.
You are required to provide a minimum of 24-hours advanced notice if you are unable to attend a live scheduled session. If you do not provide 24-hours advanced notice and would like to reschedule another session, then you will be charged a fee for an additional session.
You are required to notify us six days prior to first paused delivery (Monday at 5pm local time for Sunday evening delivery pause. Wednesday at 5pm local time for the following Tuesday evening delivery pause. Friday at 5pm local time for the following Thursday evening delivery pause. If you do not notify us by this deadline to pause meals, then we cannot guarantee that your meals will not be delivered and in any event, you will not receive any refund or credit.
You may cancel your subscription at any time by providing NextPlay with thirty (30) days written notice sent to contact@nextplaynutrition.com. You will be charged an early termination fee equal to 20% of the fees for the remaining (cancelled) subscription period if you cancel before the end of your subscription period.
In the event my Authorized Payment Method is declined for any reason, NextPlay will request that you provide an updated Authorized Payment Method as soon as possible. If a new Authorized Payment Method is not provided within thirty (30) days, NextPlay will automatically cancel your subscription effective as of the last day of the immediately preceding month.
If at any time you believe that NextPlay billed you incorrectly, you must contact NextPlay no later than thirty (30) days after such charges have been processed, in order to receive an adjustment or credit. Billing inquiries should be directed to contact@nextplaynutrition.com.
FOR CALIFORNIA RESIDENTS: Please review the following terms before purchasing a subscription from us: California Subscription Terms.
BY PURCHASING A SUBSCRIPTION FROM US, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IN ADDITION, YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEES AS DESCRIBED HEREIN.
If you are not satisfied with a NextPlay Service or product, please contact us via email or phone within seven (7) days of receipt of your delivery or Service and we will address any refund request on a case-by-case basis at our sole discretion. We may require photographic documentation of any product you are dissatisfied with prior to us providing you with a refund. We are unable to accept returns of food items.
Meals will be delivered from local kitchens through a delivery service. You agree to pay any delivery, shipping and handling charges shown at the time you select a subscription or make a purchase.
You are responsible for inspecting all products for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the products you receive. If you have any reason to believe that your delivered product is not suitable for consumption, discard the item and contact us at contact@nextplaynutrition.com. We recommend that you refrigerate all perishable products upon delivery and follow the USDA's instructions on safe food handling.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver product, we will attempt to deliver your product as soon as reasonably possible or we may cancel delivery of the product and issue you a refund for the undelivered product.
All Services and products are subject to availability, and we reserve the right to discontinue offering certain products and Services.
You may not resell any products delivered to you through the Services.
NextPlay owns the Site and Services, including all content and functionality you access through the Site and Services. Subject to your compliance with these Terms, NextPlay grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Site and Services by registering for a User Account.
THE SITE AND SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You may not use the Site or Services for any other purpose than what is allowed under these Terms without NextPlay's express written permission.
You may not use NextPlay's name, trademarks, service marks, or logos, or those of third parties appearing on the Site or Services in any advertising or publicity or to otherwise indicate NextPlay's or such third party's sponsorship or affiliation with any product or service without express written permission from NextPlay or such third party.
You own your Personal Data (as defined in the Privacy Policy) and any other information you submit on or through the Site or Services (collectively, "User Information"). If you are entering someone else's information into the Site, you represent and warrant that you have permission to do so. For us to provide you with the Site and Services, you grant to NextPlay a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your User Information for the purpose of providing the Site and Services, subject to the restrictions in the Privacy Policy. You also agree to allow NextPlay to de-identify and anonymize your User Information, including, without limitation, your personal health information in accordance with our Privacy Policy, and to use or disclose such de-identified information for any purpose.
NextPlay may create, collect, analyze, retain, and use data and other information that is related to or derived from (a) User's access or use of the NextPlay Services ("Usage Data") and (b) Personal Data and/or User Information that is used solely in a deidentified manner ("Derivative Data"), for the purposes of developing, maintaining, operating, improving, or providing the NextPlay Services, to develop new products and services, and for its other business purposes (and such Usage Data and Derivative Data will be owned by NextPlay). In the event User gains or retains any interest in the Usage Data or Derivative Data, User hereby irrevocably assigns to NextPlay any and all right, title, and interest in and to any Usage Data or Derivative Data.
You may use the Site and Services only for lawful purposes and in accordance with these Terms. In addition, we impose certain restrictions on your use of the Site and Services. While using the Site and Services, you shall not:
NextPlay is not obligated to monitor your use of the Site and Services, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. NextPlay reserves the right to suspend or terminate your use of the Site and Services without notice to you if you partake in any of the prohibited uses described above.
The Site and Services are designed to require users to create a username and password to access and use the Site and Services. Your username and password are, collectively, your "User Credentials." you are solely responsible for (i) maintaining the strict confidentiality of your User Credentials, (ii) not allowing another person to use your User Credentials to access the Site or Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials, regardless of whether you were aware of those activities. You agree to immediately notify NextPlay in writing by email of any unauthorized use of your User Credentials or any other compromise of the security of your User Account.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by NextPlay and/or its affiliates, officers, directors, and representatives due to someone else's use of your User Account or password, regardless of whether you were aware of such use.
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for you to access and use the Site and Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Site and Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
We may send communications, including emails, to you regarding your User Account, the Site, and the Services. You can choose to filter any User Account, the Site, and the Services emails using your email settings, but we do not provide an option for you to opt out of these communications.
If you consent to receive marketing or other communications not related to the User Account, the Site, and the Services, we will provide you with the option to opt out of such marketing communications within the applicable message.
By providing your phone number to NextPlay on the Site, you expressly consent and agree that we may contact you using written, electronic, and/or oral/audio means, including by manual dialing, leaving prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or send SMS/text messages to your phone number as necessary to (a) help you access your account when you've forgotten your password; and (b) as otherwise necessary to service your account, complete transactions requested by you, or enforce these Terms, our policies, Applicable Law, or any other agreement we may have with you, even if the provided phone number is registered on any federal or state Do-Not-Call registry. For purposes of clarity, the communications described in this paragraph are transactional in nature, and not promotional.
Additionally, we may offer you the chance to enroll to receive recurring SMS/text messages from us about account-related news and alerts and/or marketing and promotional offers for NextPlay products and services (collectively, "Promotional Text Messages"). By enrolling, you agree to receive Promotional Text Messages from us to the phone number you provide and that such Promotional Text Messages may be sent using an automatic telephone dialing system.
You certify that any phone number(s) you provide to us are true and accurate and that you are authorized to enroll such phone number(s) to receive calls and/or SMS/text messages as described herein. Message and data rates apply. Consent is not required as a condition of purchase. We are not responsible for any delays upon sending or receiving text messages.
We may send you push notifications through our App. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device.
In the course of using the Site and Services, you may be introduced to areas or features of the Site or Services that allow you to access websites that do not belong to and are not controlled by us (collectively, "Third-Party Sites"). If you choose to access one of these Third-Party Sites, you will leave our Site and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, "Third-Party Rules") than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT ("THIRD PARTY MATTERS") AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.
Any reference in the Site or Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.
To the extent any features, aspects, products, or services offered through the Site or Services are provided, in whole or in part, by third parties ("Third-Party Services" as provided by "Third-Party Service Providers"), you may be subject to additional terms and conditions. To the extent applicable, you will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.
In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider's privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER'S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
In addition to other representations and warranties contained throughout the Terms, you represent and warrant that your use of the Site and Services will be in accordance with these Terms and all applicable laws, regulations, rules, and NextPlay policies and procedures (to the extent such policies and procedures are communicated to you). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.
You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of the information you provide regarding your age and residence and that the Affiliated Dieticians are relying upon this certification in order to interact with you and provide Services.
THE SITE AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEXTPLAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEXTPLAY MAKES NO WARRANTY THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEXTPLAY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NEXTPLAY OR THROUGH THE SITE OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, AUTHORIZED THIRD PARTIES.
NEXTPLAY CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. NEXTPLAY CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE SITE OR SERVICES.
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD NEXTPLAY OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES REMAINS WITH YOU. NEITHER NEXTPLAY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE AND SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEXTPLAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES (SEE ABOVE REGARDING CANCELLATION).
YOU ACKNOWLEDGE THAT IF YOU USE THE SITE OR SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. NEXTPLAY IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SITE OR THE SERVICES.
NEXTPLAY IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY DIETICIANS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SITE OR SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, NEXTPLAY'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SITE MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NEXTPLAY AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SITE OR SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site and services ("Feedback"). You may submit Feedback by e-mailing us at contact@nextplaynutrition.com. You acknowledge and agree that if you submit any Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
If you breach any of these Terms, we may suspend or disable your User Account or terminate your access to the Site and Services without prior notice to you. There may be other instances where we may need to terminate your access to the Site and Services that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Site and Services and materials at any time, with or without cause.
If you wish to terminate your User Account, please contact NextPlay at contact@nextplaynutrition.com, immediately discontinue your use of the Site and Services, and delete all files associated with the Site and Services from your computer or mobile device.
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
You agree that any dispute between you and NextPlay arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and NextPlay.
Before filing a claim against NextPlay, you agree to try to resolve the dispute informally by contacting contact@nextplaynutrition.com. Most User concerns can be resolved quickly and to your satisfaction through email. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below.
In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator's fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association ("AHLA").
You and NextPlay agree to employ three (3) arbitrators (the "Panel"), where one arbitrator (1) is selected by you, one (1) arbitrator is selected by NextPlay, and the third (3rd) arbitrator is selected by mutual consent of you and NextPlay. If you and NextPlay cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. You and NextPlay shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.
NextPlay may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site and Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
YOU MAY ONLY RESOLVE DISPUTES WITH NEXTPLAY ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND NEXTPLAY EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Notwithstanding the above, you can decline or "opt out" of the alternative dispute resolution process described above by contacting contact@nextplaynutrition.com within 30 days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
If you opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you submit to the exclusive jurisdiction of any state or federal court sitting in the State of California within twenty-five (25) miles of Newport Beach, California in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
These Terms, the Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between NextPlay and you regarding the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between NextPlay and you regarding the Site and Services.
These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without NextPlay's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. NextPlay may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by NextPlay via email (in each case to the address that you provide); and/or (ii) by posting to the Site. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from NextPlay electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH NEXTPLAY IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to NextPlay by email to: contact@nextplaynutrition.com. Notice to NextPlay shall be effective upon receipt of notice by NextPlay.
The failure of NextPlay to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NextPlay.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
"Intellectual Property Rights" means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between you and us, all right, title, and interest, including all Intellectual Property Rights, in the Site and Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by NextPlay or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us. Any use of the Site or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at contact@nextplaynutrition.com.