- The Site. NextStop operates a website located at https://www.nextstop.guide/, (the "Site") which serves as a hub to connect service providers with physicians and other healthcare professionals seeking to relocate for professional reasons. User understands and agrees that NextStop has no control over the acts or omissions of any User or any other party on or off the Site and that NextStop makes no representations or warranties about the services provided by any User or any other party on the Site. User understands and agrees that NextStop is not responsible for the performance or conduct, whether on or off the Site, of any User or other third party. As such, NextStop expressly disclaims, and each User expressly releases NextStop from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users or any other third parties on or off the Site.
- Third Party Services. NextStop expressly disclaims, and each User expressly releases NextStop from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes (i) between Users, and (ii) between and/or among Users and any third parties with which any User may enter into a business relationship via the Site. User understands, agrees and acknowledges that no such program, opportunity or service shall change the fact that User remains solely responsible for performing its, his or her own due diligence in respect of providing third party services and/or hiring a User to perform third party services. NextStop does not perform licensing verification, or identification verification or reference checks on Users. It is up to the individual User to perform its own due diligence on any potential User or third party using the Site.
- Eligibility. By using the Site, User represents and warrants that User currently meets and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as User uses the Site: (a) User is at least 18 years old and has and will at all times comply with all laws and regulations; and (b) User has the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms.
- Use of the Site. User agrees to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that NextStop, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. NextStop reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to:
NextStop reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to NextStop in its sole discretion. User may report any alleged improprieties by any User to NextStop by email at email@example.com.
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- Use the Site for any purpose that is in violation of local, state, or federal law;
- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
- Take any action that would undermine any aspect of the Site;
- Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
- Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
- Impersonate another person or allow any other person or entity to use your user name, password or membership;
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site;
- Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
- Restrict or inhibit any other User from using and enjoying the Site.
- Account Security. User is responsible for maintaining the confidentiality of passwords and account information for the Site and User is fully responsible for all activities that occur under User's account. User agrees to immediately notify NextStop of any unauthorized use of accounts or any other breach of security. User shall be solely responsible for maintaining all user names and passwords provided to User.
- COPPA Compliance. The Site is intended for people 18 and older. NextStop will not knowingly collect any information from children under the age of 13. NextStop reserves the right to suspend and/or terminate with or without notice the membership of any User who it believes has provided false information when registering for and/or using the Site and each User agrees to make no further use of the Site after termination and/or during suspension.
- Intellectual Property Rights. All trademarks, patents, copyrights and other intellectual property rights owned by NextStop on the date these Terms are accepted and/or created thereafter by NextStop shall continue to be owned solely by NextStop, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on User or any other party. You shall not directly or indirectly copy or reproduce all or any part of the Site. You shall not violate or attempt to violate the security of the Site.
Copyright Complaints and Copyright Agent. It is NextStop’s policy to terminate any User who infringes the rights of others upon receipt of notification to NextStop by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. Upon receipt of proper and valid notice of claimed infringement under the DMCA, NextStop will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Site in a way that constitutes copyright infringement, please provide NextStop’s designated agent with the following information:
NextStop’s Agent for notice can be reached at the following address: by e-mail firstname.lastname@example.org with the subject line "DMCA.”
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Site where the material the User claims is infringed is located. Include enough information to allow NextStop to locate the material;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Modifications to the Site. NextStop reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site and/or any information, materials or content on the Site with or without notice to Users. User agrees that NextStop shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof. User acknowledges that the Site may be down from time to time for routine maintenance and/or any number of other reasons, and under no circumstances shall NextStop be responsible or liable in any way for any such downtime.
- Disclaimer of Warranties. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NON-INFRINGEMENT, UPTIME, DOWNTIME, FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE RESULTS THAT USER MAY ACHIEVE ON ACCOUNT OF USING THE SITE. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEXTSTOP DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (i) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; AND (iii) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS OR ANY OTHER THIRD PARTY. NEXTSTOP DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. NEXTSTOP CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. NEXTSTOP SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES NEXTSTOP, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE.
- Assumption of Risk. User assumes all risks when using the Site, including without limitation all of the risks associated with any online or offline interactions with other Users. User agrees to take all necessary precautions when interacting with other Users. In addition, NextStop shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL NEXTSTOP BE LIABLE TO USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF NEXTSTOP TO ANY USER WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. NO CLAIM MAY BE ASSERTED MORE THAN TWELVE (12) MONTHS FOLLOWING THE DATE ON WHICH SUCH CLAIM FIRST AROSE.
- Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below.
Arbitration Agreement. Important Note Regarding this Arbitration Agreement:
- By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against NextStop on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against NextStop, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against NextStop by someone else.
- You and NextStop agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and NextStop, and not in a court of law. For the avoidance of doubt, the scope of arbitration includes federal and state statutory and common law claims, including under applicable consumer protection laws and principles.
- You acknowledge and agree that you and NextStop are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and NextStop otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and NextStop each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
- The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
- Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
- A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
- Unless you and NextStop otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and NextStop submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. NextStop will not seek, and hereby waives all rights NextStop may have under applicable law to recover attorneys' fees and expenses if NextStop prevails in arbitration.
- Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, NextStop will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
- If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
- All content, including the jobs contained on NextStop, may have been created by Users over whom NextStop exercises no control. NextStop assumes no responsibility for the content created by Users.
Contact. NextStop may be contacted at:
- By email: email@example.com
- By mail: NextStop, 2701 Olympic Blvd., West Building, Suite 200, Santa Monica, CA 90404
- By phone:1-855-268-2822 (Monday-Sunday, between the hours of 8AM and 7PM CT).