The materials on this site are provided for informational purposes only. They are not business or legal advice and should not be used as such. They do not necessarily reflect the opinions of Next Step Network, Inc. or Next Step Homes, LLC (“Next Step”) or of its employees or affiliates, and may not reflect the most current business or legal developments, and are not guaranteed to be correct, accurate, complete or up-to-date. Viewing these materials does not create a business relationship between you and Next Step, and you should not act upon the information contained in them without seeking legal advice.
We would be pleased to communicate with you by email. However, if you do send us email, recognize that Internet email is not secure, so that your communication will not be treated as confidential. Do not send time sensitive or confidential messages via Internet email.
This site may contain links to other resources on the Internet. Those links are provided to help you identify and locate other Internet resources of potential interest; they are not intended to imply that Next Step sponsors or has any control over the information in any linked material, or is associated with or authorized to use any trade name, trademark or symbol that may be reflected in the links.
Next Step ENERGY STAR Statement
This statement is to be used in all Next Step marketing and communications materials as a footnote to the first reference to the ENERGY STAR rating of Next Step Homes.
Next Step Homes are designed to be built and verified to meet strict guidelines for energy efficiency set by the U.S. Environmental Protection Agency and the U.S. Department of Energy. When we refer to Next Step Homes as ENERGY STAR, we are referring to those homes completed by Next Step Network Members that meet all ENERGY STAR performance criteria. This means that the homes are designed, built, constructed, manufactured, qualified, certified, labeled, or produced as ENERGY STAR or that otherwise meets or exceeds ENERGY STAR standards, guidelines or requirements.
Learn more on how a home qualifies for the ENERGY STAR label at www.energystar.gov/homes.
2005 Longest Avenue, 2nd Floor
Louisville, Kentucky 40204
This Disclaimer is effective as of January 12, 2015.
Next Step Network, Inc. and Next Step Homes, LLC (“Next Step”) own and operate this Website, This document governs your relationship with www.smartmh.org (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.SmartMH.org will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.SmartMH.org or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.SmartMH.org and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.SmartMH.org you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.SmartMH.org retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.SmartMH.org or may in some cases be a third party. Where a contract is made with a third party www.SmartMH.org is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.SmartMH.org and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.SmartMH.org‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.SmartMH.org and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.SmartMH.org.
You agree to indemnify, defend and hold harmless www.SmartMH.org, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
www.SmartMH.org shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.SmartMH.org. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.SmartMH.org.
2005 Longest Avenue, 2nd Floor
Louisville, Kentucky 40204
COPYRIGHTS AND COPYRIGHT AGENT
Next Step Network, Inc. and Next Step Homes, LLC (“Next Step”) respect the rights of all copyright holders. To that end, Next Step has adopted the following process to be used by copyright holders who believe their rights have been infringed by content posted on www.SmartMH.org pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to Next Step’s Copyright Agent (as defined below):
- A physical or electronic signature of the person authorized to act on behalf of the copyrighted material that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including your physical and email addresses and phone number;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The contact details of the Copyright Agent for Next Step are:
2005 Longest Avenue, 2nd Floor
Louisville, Kentucky 40204
This Copyright Notice is effective as of January 12, 2015.
Although Next Step strives to protect its users’ privacy, security during Internet transmissions can never be assured and We cannot guarantee the security of any information provided by User. This website may contain links to other websites, applications, or services. Next Step is not responsible for the privacy practices or the content of such other websites, applications, or services.
COLLECTION AND USE OF INFORMATION
Information We collect:
Next Step may use third party tools to help Us gauge traffic and trends on this website. These tools collect information sent by Your device or this website, including, without limitation, other websites and applications You visit, add-ons, or other information that can assist Us with improving this website and Next Step’s products and services. This information is collected with analytics from other users so that it cannot identify any one particular user.
When You use this website or open emails sent to You, the servers used to support this website may automatically record certain log file information, including, without limitation, Your web request, Internet Protocol (“IP”) address, browser type, referring/exit pages and URLs, number of clicks and how You interact with links on this website, domain names, landing pages, pages viewed, and other similar information. This information allows for more accurate reporting and improvement of this website and Next Step’s products and services.
Next Step may access, collect, monitor, store on your device, and/or remotely store on one or more “Device Identifiers” when You use a mobile device to access or use this website. Device Identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify Your mobile device. A Device Identifier may be data stored in connection with device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by this website.
A Device Identifier may deliver information to Us or to a third party partner about how You access and use this website, and may help Us or others provide reports or personalized content and ads. Some features of this website may not function properly if use or availability of Device Identifiers is impaired or disabled.
PERSONALLY IDENTIFIABLE INFORMATION
Users may visit this website without giving Next Step any personally identifiable information, such as contact information (for example, name, home address and email address), unique identifiers and financial information (for example, payment account or financial numbers). However, if, for example, You register for or accept a product or service at this website or otherwise voluntarily provide such information when you request information or contact us, You will be providing personally identifiable information. Again, You do not have to provide this information, however, You may not be able to take advantage of all of the features of this website or our services.
User’s personally identifiable information may be made available not only to Next Step, but also to its technical and fulfillment agents, advertising agencies, and other partners and consultants, which make Next Step’s website, products, and services available to the User. Moreover, Next Step may use Your personally identifiable information to create personalized content, services, and advertising on or related to Next Step and the products and services provided on this website or by Next Step. Next Step may also use Your personally identifiable information to create aggregate reports, which may be provided to our advertisers for promotional and advertising purposes.
By accessing or using this website, User may provide information regarding his/her tastes, ratings, and preferences. Next Step may use the User’s personally identifiable information to send users information about the company and promotional materials from some of its partners or affiliates. User authorizes Next Step to use this information in connection with any online or off-line offering or any electronic mail offerings by Next Step. Next Step and its affiliates may use User’s email in connection with any such offering or campaign. User can revoke permission for Next Step to send You mail at Your email address at any time by using the SafeUnsubscribe® link found at the bottom of every email. Personally identifiable information may be used to verify the identity of users and may also be used as account numbers in Next Step’s record system.
Next Step collects users’ personally identifiable information to help Us create and tailor the products and services We offer. This information may be shared with advertisers or investors on an aggregate basis to provide an overview of the people who use this website. Next Step also uses information collected from users, whether that is information automatically or voluntarily provided by, from, or on behalf of User, to help diagnose problems with its servers and to otherwise administer, modify, and update this website.
This website may also contain links to other websites. Next Step is not responsible for the privacy practices or the content of such other websites.
Notwithstanding the foregoing and in compliance with applicable laws, Next Step (1) will cooperate fully with state, local, and federal officials in any investigation relating to any content or purported unlawful activities of any user, and (2) take reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, Next Step may be required to disclose User’s personally identifiable information. In addition, Next Step may disclose any information collected from User, including personally identifiable information or any of User’s content, records, or electronic communication of any kind without prior notice to or consent of the User (i) to satisfy any law, regulation, or government request; (ii) to conduct investigations of consumer complaints or possible breaches of the law; (iii) to protect the rights, safety, or property of Users or others; (iv) to fulfill the User’s requests; or (v) to protect Next Step or operate this website.
CHANGE IN BUSINESS
In addition to the foregoing, Next Step may transfer any information obtained or collected from User, including any personally identifiable information or any of User’s content, records, or electronic communication of any kind, to any successor or assign if Next Step is sold, merged with, or otherwise transferred to another entity.
STORAGE OF INFORMATION
Content or information collected by or through the access to or use of this website may be stored or processed in the United States or any other country in which Next Step, its affiliates, or service providers maintain facilities. Although Next Step uses commercially reasonable safeguards to help secure information collected as a result of the access or use of this website, We cannot ensure the security of any content or information, or guarantee that content or information will not be accessed, disclosed, altered, or destroyed.
GOVERNING LAW, JURISDICTION, VENUE
If You are a resident of California, You may request information about our privacy practices relating to disclosing your personally identifiable information to certain third parties or affiliates for direct marketing purposes. If You are a resident of California, please send your request to Next Step, 2005 Longest Avenue, 2nd Floor, Louisville, Kentucky 40204, with the subject line labeled “Your California Privacy Rights.”
2005 Longest Avenue, 2nd Floor
Louisville, Kentucky 40204
IMPRINT AND CREDITS:
Shield, Financing, Program Support, Branding, Marketing, Training, Education, Tech Support, Resources, Shaking Hands, Faucet, Light Bulb, and the 5 Houses:
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