Effective Date: May 1, 2025

Welcome to WIN-NextGen.org, a Software as a Service (SaaS) career development platform (“Platform”) operated by WIN – NextGen, Inc. (“WIN-NextGen™,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our Platform, Platform, applications, and services (collectively, the “Services”).

BY ACCESSSING OR USING OUR SERVICES, YOU AGREE TO COMPLY AND BE BOUND BY THESE TERMS, WHICH INCLUDE OUR PRIVACY POLICY.  IF YOU DO NOT AGREE, PLEASE DO NOT USE THE PLATFORM.

1. Eligibility

Our Platform is designed primarily for individuals ages 13–24, along with mentors, educators, employers, and workforce development partners.

By using the Services, you affirm that you are:

• – At least 13 years old (or using the Platform with verified parental/guardian consent)
• – Legally permitted to enter into these Terms

2. Services and Other Information

We provide the Services on the Platform that is solely for informational purposes.  Any views or opinions of individuals do not necessarily represent the views of WIN-NextGen, Inc. or any of our employees, volunteers, sponsors, or anyone else affiliated with us.  The Platform also contains information presented by other organizations.  We are not responsible for the information, products or services offered by other organizations.

We may send you emails, newsletters and other announcements.  If you do not wish to receive them, please review our Privacy Policy to learn how you can unsubscribe from them. We also include an unsubscribe link in automated emails we send. We may ask you to provide us with other information, such as academic history or scholarship materials, and, if you do so, we may send it to other organizations or use it to facilitate your participation in our programs.

3. Use of Services

You agree to use the Services for lawful, educational, or workforce development purposes only. You agree not to:

• – Misuse or attempt to disrupt the Platform or its functionality
• – Access accounts, data, or features you’re not authorized to use
• – Submit false or misleading information
• – Upload malicious content (e.g., viruses or harmful code)
• – Impersonate another individual or entity

4. User Accounts

You may need an account in order to access some of the features provided on the Platform or submit certain content.  You may create your own account, or a parent or guardian may create an account for you.  You may not create an account if you are under the age of thirteen.  You do not need an account to visit the Platform.

If you do create an account, please keep your user details (username and password) safe and confidential.  You alone are responsible for all activities that occur using your account.

If you believe your account has been compromised, contact us immediately at TechSupport@win-nextgen.org.

5. WIN-NextGen™ Messaging Services

If you have opted in to receive SMS (Text) messages, WIN-NextGen™ will notify you via SMS of upcoming events, your learning progress on our site, transactional information, and user profile update confirmations.

An SMS Opt-in Message is similar to the below example.

WIN-NextGen™: Reply Y to Subscribe to
recurring automated promotional msgs (ex. Course
reminders and event information).
Msg & data rates may apply.

You can cancel the SMS service at any time. Just reply “STOP” to any SMS message from us. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, simply text back “Unstop” or “Start” and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at TechSupport@win-nextgen.org. Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency from WIN-NextGen™ varies.

If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our Privacy Policy.

From time to time, we may also allow you to register for events hosted by us or by other organizations.

6. Privacy

WIN-NextGen™ is committed to protecting your privacy and has explained how we do so in our Privacy Policy which is incorporated herein by reference and is a part of these Terms.  The Privacy Policy may be changed by WIN-NextGen™ in the future and any such changes are effective upon posting to the Platform.  Changes to the Privacy Policy will also be communicated via email to users who have provided us with email addresses.  You should check the Privacy Policy periodically for changes.

7. Proprietary Rights – Ours and Yours

The Platform and all content, designs, technology, graphics, branding, and proprietary assessments within the Platform either is owned by WIN-NextGen, Inc. or a third party gives us a license to use that content and proprietary materials.   All content and proprietary materials are protected by U.S and other countries’ copyright, trademark, and other applicable laws.  You may only use content on the Platform for your personal use related to the Services.  Any other use requires our permission.  You may not resell or give others permission on our behalf to use content, designs, technology, graphics, branding, and proprietary assessments on the Platform.

The Platform also includes our trademarks.  You may not use them without our permission and proper acknowledgement.

Users may not reproduce, distribute, modify, or create derivative works from the Services without prior written permission.

The Platform may allow you to submit content for public display on the Platform. If you send us such content, you grant us a worldwide license to store, reproduce, modify, create derivative works from, distribute, display or use it in any media without paying you a fee.  Your license to us continues even if you stop using the Platform or our Services.  You also agree that we may use the name that you submit in connection with the content.  You may not submit any content to the Platform unless you own it, or you have the owner’s permission.  You may be legally responsible if someone else makes a claim based on content that you submit to the Platform.  We are not responsible for any content submitted by you or a third party.

8. Platform Access and Modifications

WIN-NextGen.Org is provided as a cloud-based SaaS Platform. We reserve the right to update, modify, suspend, or discontinue features at any time, with or without notice, including to improve functionality or address security concerns.

9. Acceptable Use Policy

In using the Platform, you may not:

• Submit content that is inaccurate, illegal or could be offensive, abusive or threatening to another person or company.
• Use the Platform to harass any person.
• Misuse the Platform or our Services.  For example, do not attempt to interfere with the Platform or access it using a method other than the interface and the instructions we provide.
• Download, copy or store any content from the Platform for any reasons other than personal use (this includes re-posting it on another commercial Platform).
• Use the Platform to collect information about others (including email addresses) without their consent.
• Use the Platform to send spam or other unwanted messages.
• Pretend to be someone other than yourself.
• Attempt to upload content to the Platform that contains or links to viruses or any other harmful programs or code.

We may review any content you submit to determine whether it violates the Acceptable Use Policy.  We have the right to edit, remove or refuse to post or display any content for any reason, including if we believe it violates any of our policies.

Please be a respectful, responsible user of the Platform and our services and use them in accordance with our mission.  Violations of the Acceptable Use Policy may result in termination of your account or access to the Platform.

10. Third-Party Content and Links

The Platform may provide links to web pages, websites and various resources, links from third parties, or other locations on the Internet.  We do not control and are not responsible for information you access via those links.  Your use of that information is at your own risk.

11. Platform Access and Changes to Service

WIN-NextGen.Org is provided as a cloud-based SaaS platform. We reserve the right to update, modify, suspend, or discontinue features at any time, with or without notice, including to improve functionality or address security concerns. 

12. Termination

We may suspend or terminate your account or your access to the Platform and our Services at any time and for any reason, including but not limited to, if we believe you have violated these Terms of Service in a way that harms others, violates applicable laws, or threatens the platform’s integrity.

13. Compliance with Laws

We may investigate activities on or using the Platform that may involve violations of law.  We may contact or cooperate with law enforcement authorities in prosecuting users who are involved in such activities.  We reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

14. Indemnification

If your use (or any other person’s use through your account) of the Platform or a violation of these Terms of Services gives rise to a claim against us, or any of our officers, directors, volunteers, employees or representatives, you will be financially responsible for any such claim, including reasonable attorneys’ fees and expenses.

15. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS AND AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, NEITHER WIN-NEXTGEN™NOR ANY OF ITS OFFICERS, DIRECTORS, VOLUNTEERS, EMPLOYEES, OR REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS REPRESENT OR WARRANT (i) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE ERROR FREE; (ii) THAT THE PLATFORM WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED OR THAT PLATFORM WILL BE FREE FROM VIRUSES, “WORMS”, “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION PUBLISHED OR ACCESSIBLE ON OR OTHERWISE AVAILABLE THROUGH THE PLATFORM; OR (v) THAT THE PLATFORM OR ANY INFORMATION ACCESSIBLE ON OR THROUGH THE PLATFORM DOES NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY.  WIN-NEXTGEN™ HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PLATFORM, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF WIN-NEXTGEN™, AND YOU HEREBY WAIVE AND RELEASE WIN-NEXTGEN™ THEREFROM.

16. Limitation of Liability

IN NO EVENT WILL WIN-NEXTGEN™, OR ANY OF ITS OFFICERS, DIRECTORS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORM, OR ANY PLATFORM LINKED TO THE PLATFORM BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE PLATFORM OR ANY SITE LINKED TO THE PLATFORM, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF WIN-NEXTGEN™ OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WIN-NEXTGEN™’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL WIN-NEXTGEN™’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THE TERMS OF SERVICE EXCEED TWENTY-FIVE DOLLARS ($25.00).

17. Choice of Law and Forum

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules.  If you bring a claim against us arising out of your use of the Platform, you must file it in the United States District Court for the Southern District of New York or, for matters for which that court does not have subject matter jurisdiction, in the courts of the State of New York located in New York County.  You expressly agree to the exercise of personal jurisdiction by and to venue in any such courts.

18. Changes to Terms

We update these Terms from time to time and we may adopt policies that apply to certain Services that we offer.  If we make changes to these Terms or adopt such policies, we will post those changes on this page with the effective date and may send you an email if you have provided us with an email address.  You are responsible for reviewing any such changes.  Continued use of the Services after changes are made constitutes acceptance of the new Terms.

19. Miscellaneous

These Terms of Service, including the Privacy Policy, as we may amend them from time to time, constitute the complete and exclusive agreement between us and you with respect to the Platform and the services we provide through the Platform.  If any provision of these Terms of Service is determined by a court of competent jurisdiction to be invalid, all other provisions shall remain in full force and effect.  Our failure to enforce the strict performance of any provision of these Terms of Service will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms of Service.  No waiver of any provision of these Terms of Service shall be effective unless in writing.

Contact

If you have any questions about these Terms of Service or about WIN-NextGen, Inc., you can contact us at:

WIN-NextGen, Inc.
9103 Woodmore Centre Drive, PMB 143
Lanham, MD 20706
Email address: admin@win-nextgen.org

Last Updated: May 1, 2025