NextRequest Terms of Service


This website, NextRequest.com (the “Service”) is owned and operated by NextRequest Co. (“NextRequest”, “we”, or “us”). By registering for, using, or accessing the Service, you agree to be bound by these terms of service (“Terms”). If you don’t agree to these Terms, you must discontinue use of the Services.  If you have any questions about these        terms, please contact us: NextRequest Co., 155 9th Street, San Francisco, CA 94103, support@nextrequest.com.        

1.  Relationship between NextRequest and Agency        

1.1.    The Service is a platform that enables cities, municipalities, government agencies, and other entities (“Agencies”) to make documents (“Documents”) available to the public, often pursuant to public records laws and similar laws and regulations. Documents made available on the Service are the sole responsibility of the Agency that publishes them. NextRequest does not represent or warrant the truthfulness, reliability, or accuracy of any Document, or that the Document does not infringe the rights of third parties. NextRequest shall not be responsible for any loss or damage arising out of your access to, use of, or reliance on any Document.                

1.2.    The decision to disclose or withhold a document is made solely by the Agency. NextRequest is not responsible for the Agency’s compliance with public records laws, privacy laws, or any other applicable law or regulation.

2.  Registration, Personal Information, and Privacy                

2.1.    You are not required to register for an account on the Service to make a request to an Agency. However, if you do not register, you may not have access to certain features or information. For example, if the Agency chooses not to make your request public for privacy or other reasons, you will not be able to view the status of your request via the Service. You will also not be able to use the Service to post replies to Agency activity related to your request via the Service.                

2.2.    You are also not required to provide an email address to make a request. However, if you do not provide an email address, the Agency will not be able to contact you with follow-up questions regarding your request.
               
2.3.    When you make a request, you are permitted, but not required, to provide personal information, including your name, mailing address, and email address. This information is visible only to the Agency receiving the request and to NextRequest staff providing support to the Agency—we will not use or share any information you provide except as described in our Privacy Policy (https://nextrequest.com/privacypolicy), which is incorporated into these Terms.                

2.4.    You understand that the content of your request may be made public, either at the time you submit it or after being approved by the Agency, therefore you should not include any personal information in the request itself. NextRequest is not responsible if you disclose personal information in your request, or if an Agency discloses your personal information in a response to your request.                

2.5.    Children under the age of 13 may submit requests to Agencies but are not permitted to register for an account on the Service. If NextRequest learns that a particular request was submitted by a child under the age of 13, it is NextRequest’s policy to delete all personal information associated with that request once the Agency closes the request.                

3.  User Content                

3.1.    Requests and other information or content submitted by users of the Service (“User Content”) is the sole responsibility of the person who provides it, and NextRequest is not responsible for any User Content. NextRequest reserves the right, subject to applicable law and its obligations to its customers, to remove User Content for any reason, including that it violates our Acceptable Use Policy. However, NextRequest has no obligation to monitor, filter, or disable access to any User Content, and shall not be responsible if you encounter objectionable User Content on the Service.                

3.2.    You retain your rights to any User Content you provide through the Service. You grant to NextRequest a non-exclusive, worldwide, royalty-free, perpetual, license (including the right to sublicense) to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, adapt, and modify your User Content, in all media now known or later developed, for the purpose of operating, promoting, and improving the Service, and developing new services.                

3.3.    You represent and warrant that you have all necessary rights and authority to grant the above license to NextRequest. With regard to any third-party content that you submit, you represent and warrant that you have a license to provide the content according these Terms, or that your use is otherwise permissible, for example as fair use.                

4.  Acceptable Use Policy                

4.1.    The following conduct is prohibited on the Services:                

4.1.1.  Illegal activities, including the promotion or solicitation of illegal acts.                

4.1.2.  Malicious activity or content, such as the transmission of viruses, malware, or any other malicious or destructive code, or activity intended to harm or disrupt the hardware, networks, or infrastructure of NextRequest or any third parties.                

4.1.3.  Unauthorized Access, including: accessing or attempting to access any non-public interface, system, or functionality of the Service, or testing the Service for vulnerabilities.                

4.1.4.  Abuse, including threats of violence or harassment of a user through repeated unwanted contact.              

4.1.5.  Posting anyone’s personal or confidential information, such as social security numbers, credit card numbers, street addresses, phone numbers, confidential ID numbers, or account passwords, without their permission.

4.1.6.  Account hijacking, including any access to or use of another user’s account without their permission.
               
4.1.7.  Child exploitation, including any content or activity that exploits or abuses children.                

4.1.8.  Spam, including posting unsolicited promotional or commercial content in comments, sending invitations for the purpose of advertising to the recipients, or posting content or links for the purpose of manipulating search or other algorithms.                

4.1.9.  Intellectual property infringement, including the infringing use of third party trademarks or the unauthorized and unlawful posting of copyrighted content. We respond to reports of copyright infringement as described in the Copyright section of these Terms.                

4.1.10. Fraud or impersonation, including any use of the Services to impersonate or deceive others (but excluding parody).                

4.2.    NextRequest reserves the right, to the extent permitted by applicable law, to remove or prohibit any User Content and to suspend or terminate any user account, whether for violating these Terms or for any other reason.                

5.  Ownership of the Services                

5.1.    NextRequest and its licensors shall retain all right, title, and interest to the Service. If you provide any feedback, bug reports, feature requests, or other comments to NextRequest, NextRequest shall be free to use or incorporate these into the Services without any obligation to you. NextRequest shall retain all right, title, and        interest to NextRequest's trademarks, branding, logos, and related assets used in connection with the Service, and neither these Terms nor your use of the Service gives you any rights to those assets.                

6.  Copyright Policy                

6.1.    NextRequest responds to reports of copyright infringement according to the notice-and-takedown procedure provided by the Digital Millennium Copyright Act ("DMCA"). Our designated agent for copyright infringement notifications and counter-notifications is: Copyright Agent, NextRequest Co., 155 9th Street, San Francisco, CA 94103, copyright@nextrequest.com.                

6.2.    Reporting copyright infringement                

6.2.1.  If you believe that any Content on the Service infringes your copyright, please send us a notice containing the following information:                

6.2.1.1.    identification of the work or material being infringed;                

6.2.1.2.    identification of the material that is claimed to be infringing, including its location, with sufficient detail so that NextRequest is capable of finding it and verifying its existence;                

6.2.1.3.    your contact information, including name, address, telephone number, and email address;                

6.2.1.4.    a statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;                

6.2.1.5.    a statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright owner; and                

6.2.1.6.    a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.                

6.2.2.  Infringement notices are not confidential. NextRequest may provide the information contained in a notice to the user who posted the allegedly infringing Content, or to other parties.                

6.3.    Responding to improper removals                

6.3.1.  If you believe that Content you posted was wrongfully removed or disabled as a result of a copyright infringement notice, you may notify NextRequest by providing the following information:                

6.3.1.1.    the specific location of the material that NextRequest has removed or disabled access to;                

6.3.1.2.    your name, address, telephone number, and email address;                

6.3.1.3.    a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in San Francisco, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original notification of infringement (or an agent of that person);                

6.3.1.4.    this statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and      

6.3.1.5.    your signature.                

6.4.    Removal and termination for infringement                

6.4.1.  NextRequest will terminate, under appropriate circumstances, the accounts of users who repeatedly use the Service to infringe copyrights. NextRequest also reserves the right, in its sole discretion, to remove allegedly or apparently infringing Content without notice to you.

7.  Service Changes and Limitations                

7.1.    NextRequest may change the Service at any time, without notice  to you. NextRequest may also stop providing one or more Service or features, introduce new limits on use of the Service, or change the terms upon which the Service is available.                

8.  Termination              

8.1.    You may terminate your account at any time by emailing NextRequest support at: support@nextrequest.com  

8.2.    We may suspend or terminate your access to the Service at any time and for any reason, including for violations of these Terms. We will make reasonable efforts to notify you if we suspend or terminate your account.                
8.3.    In the event of termination, the following sections of these Terms shall remain in effect: 1, 2.5, 3, 5, 9, 10, and 11.                

9.   Disclaimer of Warranties, Limitations of Remedies                

9.1.    Your access to and use of the Service, Documents, and User Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, NEXTREQUEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.                

9.2.    NextRequest makes no representations or warranties of any kind with respect to the Service, including any representation or warranty that the use of the Service will (a) be timely, uninterrupted or error- free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. NextRequest also makes no representations or warranties of any kind with respect to any Document or User Content. No advice or information, whether oral or written, obtained from NextRequest or through the Service, will create any warranty not expressly made herein.                

10. Limitation of Liability                

10.1.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXTREQUEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, 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, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.                

10.2.   EACH AGENCY IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE PRIVACY AND PUBLIC RECORDS LAWS.  NEXTREQUEST SHALL NOT BE LIABLE FOR ANY DAMAGES THAT ARISE DUE AN AGENCY’S OR USER’S PUBLICATION OF ANY INFORMATION IN VIOLATION OF ANY LAW.                

10.3.   IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEXTREQUEST OR ITS AFFILIATES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID NEXTREQUEST, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.                

11. Indemnification                

11.1.   You agree to indemnify and hold harmless NextRequest, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to the Service, your violation of these Terms, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.                
12. Miscellaneous Terms                

12.1.    Modifications to this Agreement. NextRequest may occasionally revise these Terms. You can find the most recent version at https://nextrequest.com/termsofservice. By using the Service after a new version of these Terms becomes effective, you thereby agree to be bound by the revised Terms.                

12.2.    Choice of Law. These Terms and the relationship between you and NextRequest shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Service, shall be brought exclusively in the   courts located in the county of San Francisco or the U.S. District Court for the Northern District. You consent and waive any objection to the jurisdiction of and venue in these courts.                

12.3.    Authority to Enter Into Agreement. You represent and warrant that you have the legal authority to enter into this agreement and that the performance of obligations under this agreement will not violate any agreement between you and any other person, firm, or organization. If you are entering this agreement on behalf of another person or entity, you represent and warrant that you are authorized to do so.                

12.4.    Waiver and Severability. Failure by NextRequest to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.                

12.5.    Entire Agreement. These Terms and our Privacy Policy together form the entire and exclusive agreement between you and NextRequest regarding the Service (unless you have a separate written agreement with        NextRequest that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between you and NextRequest regarding the Service. There shall be no third party        beneficiaries to the Terms.