Terms of Service
Effective Date: February 23, 2024
Last revised: July 2, 2024
Welcome to The Next Unicorn LLC. The following Terms of Service (“Terms”) govern your access to and use of our website and services (“Services”), located at www.thenextunicornllc.com, which are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below. By accessing, using, or receiving our services, you agree to be bound by these Terms of Service and our Privacy Statement. If you do not agree to these terms, you must not access or use our services.
1. Acceptance of the Terms of Service
By using our services, you confirm that you accept these Terms of Service and that you agree to comply with them. We recommend you read these Terms of Service carefully before using the services.
2. Changes to the Terms of Service
We reserve the right to update or modify these Terms of Service at any time without prior notice. Your continued use of the service after any such changes indicates your acceptance of the new Terms of Service. It is your responsibility to review these Terms of Service periodically for updates.
3. Access and Use of the Service
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Permission: We grant you a limited, non-exclusive, non-transferable, and revocable permission to use our services, subject to these Terms of Service.
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Prohibited Use: You agree not to use the service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service.
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Account Security: You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account.
4. Prohibited Use
In connection with your use of the Services, you agree not to:
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Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
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Violate or encourage others to violate the rights of third parties, including intellectual property rights;
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Post, upload, or distribute any content that is unlawful, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or contains explicit or graphic descriptions or accounts of sexual acts;
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Upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
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Send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
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Use the Services to harvest, collect, gather or assemble information or data regarding other users without their consent;
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Interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
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Attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means;
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Harass or interfere with another user's use and enjoyment of the Services;
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Introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or strip, scrape, or mine data from the Services.
5. Copyright and Intellectual Property Rights
All content published on our website, including texts, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of The Next Unicorn LLC or its suppliers and protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site.
Any use of the website not expressly permitted by these Terms is a breach of these Terms and may violate copyright and other laws.
6. No Reliance on Information
The information contained and accessed on this site (the “Site”) is provided for general information only. The information provided is not intended to replace or serve as substitute for any audit, advisory, tax or other professional advice, consultation or service. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties, or guarantees, whether express or implied, that the content on our Services is accurate, complete, or up to date. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
7. User Contributions and User Content
The Next Unicorn LLC Websites may contain functionality that permits you to comment on articles; share materials; provide ideas, proposals, suggestions (“Feedback”); or otherwise make available certain materials through or in connection with your use of the Websites (collectively, “Submissions”). If you choose to make publicly available any of your personal information or other information through the Websites (for example through posting a comment or other form of Submission), you do so at your own risk. You will also comply with all relevant requirements set out in these Terms when making a Submission.
You acknowledge and agree that your Submissions are not confidential; that your provision of Submissions is gratuitous, unsolicited and without restriction; and that the provision of any Submission does not place The Next Unicorn LLC under any fiduciary or other obligation.
We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the site; however, we have no control over and are not responsible for any use or misuse (including any distribution) by any third party of Submissions. If and when we do monitor your use of one or more of the Websites, we will do so in accordance with applicable law.
You represent and warrant that you have all rights necessary to grant the licenses referred to in these Terms. You further represent and warrant that your Submissions are (a) complete and accurate and (b) are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
8. Privacy Statement
Your use of our services is also subject to our Privacy Statement, which informs you of our data collection, use, and sharing practices. Please review our Privacy Statement, which also governs your use of the services, to understand our practices.
9. Third-Party Links
In our quest to offer valuable resources, our service includes links to websites and services operated by third parties. These are provided for your convenience and information. However, The Next Unicorn LLC does not endorse, nor are we responsible for, the content, privacy policies, or practices of these external sites. We encourage you to be mindful when leaving our site and to read the privacy statements of any other site that collects personal information.
10. Disclaimer of Warranties
We strive to provide high-quality service and ensure reliability and accessibility. However, our services are offered on an "AS IS" and "AS AVAILABLE" basis, meaning we cannot guarantee the service will meet all your needs or be free from interruptions. While we make every effort to maintain the service's integrity, we cannot assure absolute accuracy or completeness of the content provided. By using our service, you understand and agree that your use is solely at your own risk, and we expressly disclaim all warranties, whether express or implied, to the extent permitted by law.
11. Indemnification
11.1 General Indemnity: You agree to defend, indemnify, and hold harmless The Next Unicorn LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Services.
11.2 Specific Actions: Without limiting the foregoing, you agree to indemnify and hold The Next Unicorn LLC harmless for any improper, unauthorized, or illegal uses of your account, including by someone to whom you have given permission to use your account or who has gained access to your account due to your failure to safeguard your authentication credentials.
11.3 Cooperation: You agree to fully cooperate at your expense as reasonably required by The Next Unicorn LLC. The Next Unicorn LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of The Next Unicorn LLC.
11.4 Equitable Relief: You agree that The Next Unicorn LLC shall have the right to seek an injunction or other equitable relief in any court of competent jurisdiction to restrain any breach or anticipated breach of, or otherwise to specifically enforce, your obligations under the indemnification provisions of these Terms of Service, without the necessity of showing economic loss or other actual harm to The Next Unicorn LLC, and without the necessity of posting a bond or other security.
12. Limitation on Liability
In no event shall The Next Unicorn LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
13. Payment Terms
13.1 Payment Due Date: Payment for all services rendered by The Next Unicorn LLC is due within 30 days (Net 30) from the issue date of the invoice, unless otherwise agreed in writing.
13.2 Late Payments: Payments not received by the due date may incur a late fee. The Next Unicorn LLC reserves the right to charge a late fee up to the maximum amount permitted by applicable law. The Next Unicorn LLC also reserves the right to suspend or terminate services in the event of non-payment or delayed payment beyond the due date.
13.3 Accepted Payment Methods: The Next Unicorn LLC accepts payments via bank transfer, check, credit card, or any other method agreed upon in writing. Bank details and payment instructions will be provided on the invoice. Client may be responsible for credit card service fees and processing fees.
13.4 Invoice Disputes: Any disputes or queries regarding an invoice must be raised within 10 business days from the invoice date. Disputes or queries raised after this period may not be considered.
13.5. Refunds and Adjustments: Any request for refunds or adjustments must be made within 10 business days from the invoice date. Refunds or adjustments will be at the sole discretion of The Next Unicorn LLC.
13.6. Non-Payment and Service Suspension: The Next Unicorn LLC reserves the right to suspend or terminate any or all services if payment is not received within the specified timeframe. The client will be notified prior to any suspension or termination of services.
13.7. Cancellation Policy: Clients must provide written notice of cancellation at least 30 days prior to the intended cancellation date. Fees for services rendered up to the cancellation date are non-refundable and will be invoiced accordingly.
13.8. Collection Costs: In the event of non-payment, The Next Unicorn LLC reserves the right to employ collection agencies and legal means to recover outstanding amounts. The client will be responsible for all associated collection costs, including but not limited to attorney fees and court costs.
13.9. Limitation of Liability: The total liability of The Next Unicorn LLC to Client from any cause whatsoever, will be limited to the invoice amount paid to The Next Unicorn LLC for the Services and Materials that are the subject of the Client's claims. IN NO EVENT SHALL CONSULTANT BE LIABLE TO CLIENT OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER CONSULTANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL CONSULTANT’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL COMPENSATION PAID BY THE CLIENT TO CONSULTANT UNDER INVOICES ISSUED DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.
13.10. Acceptance of Terms: By engaging The Next Unicorn LLC’s services and receiving an invoice, the client agrees to abide by these payment terms.
14. Governing Law
These Terms of Service, including Payment Terms, shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
15. Assignment
We may at any time assign the rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors, and permitted assigns.
16. Entire Agreement
These Terms, as amended from time to time, including any and all documents, Websites, rules, terms and policies referenced herein, Including but not limited to the Privacy Statement, constitutes the entire agreement between The Next Unicorn LLC and you with respect to the use of The Next Unicorn LLC's Websites.
17. Severability
If a particular term is found to be unenforceable, it will not affect any other terms.
18. Notices
Any notice, consent, waiver, approval, authorization, or other communication to be delivered in connection with these Terms:
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by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your account; and
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by you to us will be deemed to have been effectively and validly given only if in writing and delivered or submitted to contact@thenextunicornllc.com
19. Contact Us
If you have any questions about these Terms of Service, please contact us via email at: