TERMS AND CONDITIONS
Certain products and services may be made available to you (“you” or “User”) by Next Big Thing Scouting LLC. By purchasing any products or services through Next Big Thing Scouting (NBTS), you signify that you have read, understand and agree to be bound by the Terms and Conditions an in effect at the time of purchase.
These terms are subject to change without prior written notice at any time, in NBTS’ sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms and Conditions prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms and Conditions, do not make any purchases from Next Big Thing Scouting.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Next Big Thing Scouting reserves the right to change, suspend and/or discontinue, at any time, any aspect or feature of our Services, including without limitation content, hours of availability and equipment needed for access or use. We also reserve the right to change or modify the Terms and Conditions applicable to your use of our Services, or any part thereof, or to impose new conditions, at any time. All such changes will take effect immediately after they have been posted on our Site, and you will be deemed to have accepted any such changes by your use of our Services following such time. Therefore, we encourage you to regularly review the Terms and Conditions.
Terms of Agreement
The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties.
Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
NBTS agrees that they will not disclose, reveal, report or use, for any purpose, any Confidential Information which NBTS has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
All written and oral information and material disclosed or provided by the Client to NBTS under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to NBTS.
Ownership of Intellectual Property
All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of Next Big Thing Scouting. The Client is granted a non-exclusive limited-use license of this Intellectual Property.
Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with Next Big Thing Scouting.
In providing the Services under this Agreement it is expressly agreed that Next Big Thing Scouting is acting as an independent contractor and not as an employee. Next Big Thing Scouting and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service
Payment Method and Terms
We accept Visa, MasterCard, check, credit cards, and PayPal, as forms of payment. By submitting an order through Next Big Thing Scouting, you authorize the Company to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
Cancellation and Refunds
Please note, unless Next Big Thing Scouting gives notice to the contrary, payments are non-refundable. In the event of the termination of this Agreement, no portion of any payments of any kind whatsoever previously provided to Next Big Thing Scouting shall be owed or be repayable to you.
Next Big Thing Scouting reserves the right to suspend, restrict and/or terminate your access to our Services at any time, without notice, in our sole discretion, without limitation to any of our other rights.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
Next Big Thing Scouting
DOES NOT connect to professional teams,
DOES NOT guarantee scholarships to college or universities,
DOES NOT act as an agent,
DOES NOT negotiate scholarship offers/signing terms/ any conditions with college programs
Next Big Thing Scouting will continue to service clients until client has signed and or committed to a school or program.
All service fees are consistent and defined for each client.
The highlight and skill videos will range in duration.
“Video coverage” consists of a representative traveling to a scheduled game within 50 miles radius of Raleigh-Durham. Each game will be scheduled and priced accordingly with a NBTS representative. Prices will be defined at the start of each initial agreement based on the number of games the client wants NBTS to record.
The client has to notify NBTS at least two hours prior to a change in scheduling for a scheduled skill training recording or game recording. If the client fails to notify 2 hours before a change or cancelation, then the client will be charged the FULL amount of the service with NO amount refunded.
The service is nonrefundable.
Once the highlight videos have been sent and finalized, it is non-refundable.
Clients can request additional editing but will be quoted upon request.
Photos, Videos, and Information provided by the Client
NEXT BIG THING SCOUTING ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD “AS-IS”. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEXT BIG THING SCOUTING CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. NEXT BIG THING SCOUTING DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL NEXT BIG THING SCOUTING BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF NEXT BIG THING SCOUTING IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEXT BIG THING SCOUTING LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO NEXT BIG THING SCOUTING FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM NEXT BIG THING SCOUTING, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Next Big Thing Scouting harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
How to Contact Us
Should you have questions or concerns about the Terms and Conditions, please contact us Nextbigthingscouting@gmail.com