Terms of Service

Next Lvl Consulting LLC Terms of Service

[Effective as of April 11, 2019]

Welcome to Next Lvl Consulting LLC’s Terms of Service agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at nextlvlconsulting.com. “Service” refers to the Company’s services accessed via the Site, in which users can obtain consulting regarding college volleyball recruiting, use athlete mentorship services, or access technical and tactical skills feedback via video review. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.

The following Terms of Service apply when you view or use the Service via our website located at nextlvlconsulting.com.  

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: nextlvlconsulting.com/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Service.

ABOUT THE SERVICE

The Service allows you to obtain consulting regarding college volleyball recruiting, use athlete mentorship services, or access technical and tactical skills feedback via video review.  

Recruit Packages:

Signing up for a recruit package does not guarantee a scholarship offer from an institution's volleyball program.  We provide guidance, support, and advice for an individuals recruitment throughout the term of membership. Contact by phone or text will be returned promptly (our goal is to return all inquiries in a timely manner - generally within 1-2 hours) during normal business hours (9am-8pm).  After hours, we will return texts/email inquiries as soon as possible. All texts and emails are limited to one thread (defined as same or related subject matter) per week per client. After the initial consultation, we will schedule a weekly 15-30 minute phone, skype, or facetime meeting to go over progress, next steps, and what to expect next from the process.  After the first 6 weeks, the phone meetings will be 10-15 minutes and we will meet every other week. After the third month (or earlier if agreed upon by both parties), we can schedule these meetings on an as needed basis. The text/email contact rules remain the same throughout the membership period.

Mentorship:

Signing up for a mentorship program gives you access to some of the most experienced volleyball minds to help you analyze and grow your game.  We do not guarantee overall skill improvement but only provide you our insight of areas in which your skills and game can improve as well as suggestions for you to focus on in practices and lessons.  Some of the feedback may be contrary to what you are hearing from your coach. This is not to supersede their authority. This is only our perspective on areas which we believe can help your overall volleyball skills.  The player must provide clear video from a stationary point that is always in realtime speed. Slow-motion capture video or a non-stationary camera will not allow for the best interpretation of your skills/ability.

Video Review:

Signing up for a video review package gives you access to some experienced volleyball minds to help you analyze and grow your game.  We do not guarantee overall skill improvement but only provides you our insight of areas in which your skills and game can improve. The player must provide clear video from a stationary point that is always in realtime speed.  Slow-motion capture video or a non-stationary camera will not allow for the best interpretation of your skills/ability.

Highlight Video:

Anyone purchasing a highlight video must provide us with 1-2 full (unedited/unaltered) videos of recent (within the last 30 days) matches.  These videos should be shot from a stationary (can switch sides during side change) position and needs to be in realtime speed. All videos need to be allowed up to 5 business days to be edited and posted to the corresponding online account.   

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:

You agree that you will not under any circumstances:

·    access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,

·    collect or harvest any personal data of any user of the Site or the Service

·    use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;

·    distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);

·    use the Service for any unlawful purpose or for the promotion of illegal activities;

·    attempt to, or harass, abuse or harm another person or group;

·    use another user’s account without permission;

·    intentionally allow another user to access your account;

·    provide false or inaccurate information when registering an account;

·    interfere or attempt to interfere with the proper functioning of the Service;

·    make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

·    bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;

·    circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or

·    publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by sending an email to admin@nextlvlconsulting.com.

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF SERVICE

We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Service. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms of Service agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Service and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT nextlvlconsulting.com/privacy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.