WIN-NextGen™ Terms of Service

Effective Date: October 1, 2026

WIN-NextGen, Inc. (“WIN-NextGen™,” “we,” “us,” or “our”), a 501(c)(3) nonprofit organization, operates WIN-NextGen.org, a digital workforce development platform (the “Platform”). These Terms of Service (“Terms”) govern your access to and use of our Platform, applications, and services (collectively, the “Services”).

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

1. Eligibility

The Platform serves students from middle school through young adulthood, along with mentors, educators, employers, and workforce development partners. “Middle School Students” means students in Grades 6–8, or students ages 11–13, including homeschool students and others not enrolled in a traditional grade. Children under 11 may not create an account.

By using the Services, you affirm that you are:

• At least 11 years old, and, if you are ages 11–13, using the Platform with verified parent/guardian approval (see Section 1 of our Privacy Policy)
• Legally permitted to enter into these Terms, or, if you are under 18, using the Platform with your parent or guardian’s permission

2. Services and Other Information

We provide the Services on the Platform solely for informational and educational 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. Each automated email includes an unsubscribe link, and our Privacy Policy explains other ways to unsubscribe. We may ask you to provide other information, such as academic history or scholarship materials. If you do, we may use it to facilitate your participation in our programs and, with your permission, send it to other organizations. For students ages 11–13, sharing with other organizations also requires a parent or guardian’s separate, signed permission.

3. User Accounts

You may need an account to access some features of the Platform or to submit certain content. You may create your own account, or a parent or guardian may create one for you. Children under 11 may not create an account, and accounts for students ages 11–13 are activated only after parent or guardian approval (see Section 1). You do not need an account to visit the Platform.

Please keep your username and password safe and confidential. You are responsible for all activity that occurs using your account. If you believe your account has been compromised, contact us immediately at TechSupport@win-nextgen.org.

4. Acceptable Use

You agree to use the Services only for lawful, educational, or workforce development purposes and in keeping with our mission. You may not:

• Submit content that is false, misleading, inaccurate, illegal, or offensive, abusive, or threatening to another person or company
• Use the Platform to harass any person
• Misuse, disrupt, or interfere with the Platform, or access it by any method other than the interface and instructions we provide
• Access accounts, data, or features you are not authorized to use
• Impersonate another person or entity
• Upload content that contains or links to viruses or other harmful code
• Download, copy, or store content from the Platform for anything other than personal use, including 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, or to request or share personal contact information (such as phone numbers, email addresses, home addresses, or social media handles) with students ages 11–13

We may review any content you submit, including messages sent through the Platform’s chat, to determine whether it violates these Terms. We may edit, remove, or refuse to post or display any content for any reason, including if we believe it violates any of our policies. Violations may result in termination of your account or access to the Platform.

5. WIN-NextGen™ Messaging Services

If you have opted in to receive SMS (text) messages, WIN-NextGen™ will notify you by text of upcoming events, your learning progress, transactional information, and profile update confirmations. For students ages 11–13, a parent or guardian must provide the SMS opt-in.

An SMS opt-in message is similar to this 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 by replying STOP to any message from us. We will send one message confirming that you have been unsubscribed, and you will receive no further messages. To join again, text START.

If you have trouble with the messaging program, reply HELP or contact TechSupport@win-nextgen.org. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply to messages we send you and you send us, and message frequency varies. For questions about your text or data plan, contact your wireless provider. For privacy questions, please read our Privacy Policy.

6. Privacy

Our Privacy Policy explains how we collect, use, and protect your information, and is incorporated into and part of these Terms. We may update the Privacy Policy as described in it, including notifying users by email and, where a change materially affects information about students ages 11–13, obtaining parent or guardian consent before the change applies to that information.

7. Proprietary Rights – Ours and Yours

The Platform and all content, designs, technology, graphics, branding, and proprietary assessments within it are owned by WIN-NextGen, Inc. or used under license from a third party. They are protected by U.S. and international copyright, trademark, and other applicable laws. You may use content on the Platform only for your personal use related to the Services. Any other use requires our prior written permission. You may not reproduce, distribute, modify, create derivative works from, or resell any of it, or give others permission to use it on our behalf.

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

The Platform may allow you to submit content for public display. If you do, 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. This license continues even if you stop using the Platform. You also agree that we may use the name you submit with the content. Submit content only if you own it or have the owner’s permission. You may be legally responsible if someone makes a claim based on content you submit. We are not responsible for content submitted by you or any third party.

Students ages 11–13 may not submit content for public display, and we do not publish their names without parent or guardian permission.

8. Platform Access and Changes to the Services

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

9. Third-Party Content and Links

The Platform may link to web pages, websites, and resources run by third parties. We do not control and are not responsible for information you access through those links. Your use of that information is at your own risk.

10. 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 if we believe you have violated these Terms in a way that harms others, violates applicable laws, or threatens the Platform’s integrity.

11. Compliance with Laws

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

12. Indemnification

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

13. 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, REPRESENTATIVES, INFORMATION PROVIDERS, OR LICENSORS REPRESENTS OR WARRANTS (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 THE PLATFORM WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES,” OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION PUBLISHED ON OR AVAILABLE THROUGH THE PLATFORM; OR (v) THAT THE PLATFORM OR ANY INFORMATION AVAILABLE THROUGH IT DOES NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY. WIN-NEXTGEN™ EXPRESSLY DISCLAIMS ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE, OR IMPUTED) OF WIN-NEXTGEN™, AND YOU WAIVE AND RELEASE WIN-NEXTGEN™ FROM THEM.

14. 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 SITE LINKED TO IT, BE LIABLE IN ANY MANNER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE PLATFORM OR ANY SITE LINKED TO IT, 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 THESE TERMS EXCEED TWENTY-FIVE DOLLARS ($25.00).

15. Choice of Law and Forum

These Terms are 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 over which that court lacks subject matter jurisdiction, in the courts of the State of New York located in New York County. You agree to the exercise of personal jurisdiction by, and venue in, those courts.

16. Changes to These Terms

We may update these Terms from time to time and may adopt policies that apply to certain Services. When we do, we will post the changes on this page with a new “Last Updated” date and may notify you by email if you have provided one. For students ages 11–13, we will send this notice to their parent or guardian. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms. Changes to the Privacy Policy follow the process described in the Privacy Policy.

17. Miscellaneous

These Terms, including the Privacy Policy, as amended from time to time, are the complete and exclusive agreement between you and us regarding the Platform and the Services. If a court of competent jurisdiction finds any provision invalid, all other provisions remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to enforce it or any other provision later. No waiver of any provision is effective unless in writing.

Contact Us

If you have questions about these Terms or about WIN-NextGen, Inc., please contact us.

Email: admin@win-nextgen.org

Mail:
WIN-NextGen, Inc.
9103 Woodmore Centre Drive, PMB 143
Lanham, MD 20706