Effective July 1, 2014 (last updated April 27, 2023)
Welcome to the ngpf.org website (the “Site”) which is owned and operated by Next Gen Personal Finance, a California non-profit corporation. NGPF’s mission is to revolutionize the teaching of personal finance in all schools and to improve the financial lives of the next generation of Americans. The Site is designed to serve as a resource of information, curriculum, and professional development for personal finance educators and the personal finance community.
PLEASE READ THE ENTIRE TOU CAREFULLY BEFORE USING THE NGPF website.
By using the NGPF website, you acknowledge that you have read and understand the TOU in its entirety, and agree to be bound by its terms. If you do not agree to any of the terms contained in the TOU, please refrain from using the Site. If you are a parent or legal guardian of a minor (i.e., a person under the age of 18), you understand and acknowledge that use of the Site by such minor is governed by and subject to the TOU.
1. CERTAIN DEFINITIONS
“NGPF Content” means NGPF Curriculum Material (as defined below) and all other NGPF content made available on the NGPF website, including, without limitation, articles, editorials, blogs, images, graphics, photographs, audio, video, multimedia and interactive content.
“NGPF Curriculum Material” means any NGPF curriculum material, course material, teaching guide, study guide, test and practice materials, and other like material made available on the NGPF website.
“Member” means any User who registers as a member on the NGPF website. Membership registration is required to access and use certain features on the Site, including the Answer Keys.
“User” or “you” means any person using the NGPF website.
2. CHANGES TO TOU
We reserve the right to modify the TOU from time to time in our sole discretion. For example, we may amend the TOU to incorporate additional rules and policies as may be established by NGPF from time to time. If we make material changes to the TOU, we will announce and post such changes on the Site for the general public. If you are a Member, we may also notify you of the material changes via email and may ask you to affirmatively consent to and accept the changes at the time of your next account login on the NGPF website. By continuing to use the NGPF website or any NGPF Content after such notice and consent, you are bound by the TOU as modified.
3. RESERVATION OF RIGHTS BY NGPF
Your use of the NGPF website and NGPF Content is a privilege, and NOT a right. Accordingly, NGPF expressly reserves the following rights:
- the right to suspend, revoke and terminate your privilege to use the NGPF website and NGPF Content at any time and with or without notice, should you violate the TOU or any applicable law (please note that a violation of the TOU by anyone using the NGPF website or any NGPF Content under your authority or permission will be deemed a violation by you, whether or not the violation is with or without your knowledge or consent);
- the right to terminate the membership account of any User who is determined by us to be a repeat copyright infringer and to deny re-registration by such User;
- the right to investigate any violation or suspected violation of the TOU and cooperate with law enforcement authorities and/or third parties in such investigation;
4. PROHIBITED CONDUCT
The following activities are strictly prohibited on the NGPF website:
- Use any NGPF Content for any commercial purpose or for any purpose related to the development, training, teaching and/or testing of the so-called “Machine Learning” or “Artificial Intelligence” or similar systems, products or programs, except pursuant to a separate license agreement entered into with NGPF;
- Interfere with or disrupt the NGPF website or any servers or networks connected to the NGPF website, or disobey any requirements, procedures,protocols, policies or regulations of networks connected to the NGPF website, or engage in reverse engineering, decoding, decompiling, disassembling or similar act with respect to any software program or application embedded on our website;
- Violate any applicable law, whether intentionally or unintentionally;
- Stalk or otherwise harass any other person or entity;
- Solicit or collect personal data about others for any unlawful or unauthorized purpose, or in violation of the TOU;
- Override or circumvent (or attempt to override or circumvent) any usage rules or content protection measures embedded in the NGPF website or any NGPF Content;
- Use another Member’s Username, Password or other account information without permission; or
- Engage in any other conduct or activity that NGPF determines, in its sole judgment, is illegal, abusive, harmful or improper.
- Distribute NGPF answer keys or copies of answer keys to others in any fashion.
To report abuse or prohibited conduct, please see Section 15 (Contact Us) on how to contact us.
5. INTELLECTUAL PROPERTY
NGPF Trademarks and Service Marks
The names “NGPF” and “Next Gen Personal Finance” and its associated logos and the terms “FinCamp” and “FinCap Friday” are trademarks and service marks of Next Gen Personal Finance and are protected by federal, state and international laws. Except for purposes of attribution as required by and in compliance with the CC License and the TOU, you may not use NGPF Marks, or any variations thereof, for any purpose or in any manner, without express prior written consent of NGPF. Without limitation to the generality of the foregoing, you may not use any NGPF Marks for advertising, promotional or marketing purposes, or for seeking commercial or monetary gain, or in any way that deliberately or inadvertently claims, suggests, implies, or in NGPF’s sole judgment gives the appearance or impression of, any association, connection or affiliation with NGPF (other than a truthful, non-misleading indication that you are a User or Member of the NGPF website), or any endorsement, sponsorship or approval by NGPF.
Unless otherwise noted, all other trademarks and service marks appearing on the NGPF website are the property of their respective owners.
5.1. NGPF COPYRIGHTS
All NGPF Content is protected under U.S. and international copyrights. NGPF owns and retains all rights, title and interest, including all rights under copyright, in and to all NGPF Content. Your rights to use, share and adapt NGPF Content under the CC License are merely those of a non-exclusive licensee, and you do not acquire copyright ownership with respect to any NGPF Content.
5.2. NGPF LEGAL NOTICES
To the extent any NGPF Content contains or includes any NGPF legal disclaimers, NGPF′s trademark, copyright and/or other legal rights notices, and/or NGPF′s source, identification and/or attribution information (collectively “NGPF Legal Notices”), you must keep intact all such NGPF Legal Notices, and may not remove, alter, destroy, conceal or otherwise temper or interfere with the same.
5.3. NGPF CONTENT - OUR LICENSE TO YOU
Except as expressly otherwise noted, all NGPF Content (including NGPF Curriculum Material) is made available to Users in accordance with the Creative Commons Attribution – Non-Commerical 3.0 Unported (CC BY-NC) License (https://creativecommons.org/licenses/by-nc/3.0/), as amended and updated by Creative Commons from time to time (the “CC BY-NC License”), which is incorporated herein by this reference. The CC BY-NC License allows you to freely share and adapt NGPF Content, provided that: (i) you give proper attribution to NGPF in the manner specified by NGPF, but not in any way that suggests that NGPF endorse you or your use; (ii) you may not use, copy, reproduce, perform,display, distribute, transmit, disseminate, modify, adapt, creative derivative works from, or otherwise exploit NGPF Content for commercial purposes, including for commercial advantage or private monetary compensation; (iii) for any reuse or distribution of NGPF Content, you must make clear to others the CC BY-NC License terms (the best way to do this is with a link to https://creativecommons.org/licenses/by-nc/3.0/); and (iv) you comply with all other requirements as may be specified in the CC BY-NC License. The CC BY-NC license supersedes and replaces any Creative Commons license previously adopted by NGPF for NGPF Content. Algorithms derived from NGPF content have the same restrictions as of the NGPF content license (the “CC BY-NC License”).
NOTE: Notwithstanding the above, the CC BY-NC License does not apply to photos, images and other materials contained in NGPF Content which have been licensed by NGPF from Shutterstock.com, Getty Images, and/or other commercial stock photo/image agencies (you can easily identify such a photo or image by looking at the credit embedded within or associated with the photo or image) (each, a “Licensed Stock Photo”). You are allowed to retain a copy of a Licensed Stock Photo for your own personal, non-commercial use only, BUT (i) you may not modify,alter, adapt, or otherwise create any derivative work from, a Licensed Stock Photo and (ii) you may not distribute, transmit or disseminate a Licensed Stock Photo or any copy or derivative work thereof, to any third party, whether by itself, as part of NGPF Content, as part of your Curriculum Contributions, or otherwise.
If you wish to use NGPF Content for any commercial purpose or for any purpose related to the development, training, teaching and/or testing of the so-called “Machine Learning” or “Artificial Intelligence” or similar systems, products or programs, you must contact NGPF to enter into a separate license agreement with NGPF regarding use of NGPF Content for such purpose.
If you do not agree to the terms of the CC BY-NC License, please refrain from using NGPF Content in any manner, including downloading, copying, reproducing, printing, editing, modifying, distributing or transmitting such content, in any media or by any means, whether now known or hereafter developed. If you accept the terms of the CC BY-NC License and proceed to use any NGPF Content, then any breach or violation by you of the CC BY-NC License will automatically constitute a violation of the TOU and may subject you to liability to NGPF for copyright infringement. Also, to the extent you have violated the CC BY-NC License and made modifications or improvements to, or have prepared derivative works based upon, NGPF Content or have otherwise incorporated NGPF Content into your own content for commercial purposes, your violation of the CC BY-NC License will automatically subject such modifications, improvements or derivative works by you, or your own content that is mixed with NGPF Content, to a perpetual, royalty-free, worldwide license to NGPF, and NGPF may, in its sole discretion, elect to exercise the foregoing license in addition to or without prejudice to any other remedies available.
5.4. NOTIFICATION OF COPYRIGHT INFRINGEMENT CLAIMS
You are welcome to contact us at email@example.com with any copyright infringement claims.
6. LINKS TO THIRD-PARTY WEBSITES
The NGPF website may contain links to certain third-party websites. For example, we may display links to the Creative Commons webpage (where the text of the CC License is published) on the NGPF website, so Users can conveniently click on those links to read the terms of the CC License.
Links to third-party websites are provided for your convenience only and do not constitute NGPF′s endorsement, sponsorship, warranty or approval of such linked websites or any product, service or content offered on such linked websites. NGPF does not own or control such linked websites and does not warrant or guarantee that any product, service or content offered on such linked websites will be suitable for you. You access and use such linked websites entirely at your own risk. You acknowledge and agree that under no circumstances will NGPF be responsible or liable in any way for any errors, omissions,conduct or activity of such linked websites, or for any claims, losses, damages or injuries of any kind incurred by you as a result of your use of or reliance upon any product, service or content offered on such linked websites.
7. ONLINE PRIVACY
8. LIMITATION OF LIABILITY
In no event shall NGPF or its affiliates be liable under contract, tort, negligence, strict liability, or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive, or consequential damages arising from or in connection with the NGPF Site, any NGPF content, or any service, feature, of application offered on the NGPF Site, or your use of (or your inability to use) or reliance upon any of the foregoing, regardless of whether or not NGPF and/or its affiliated have been advised of the possibility of such loss or damages.
9. USER INDEMNIFICATION
To the extent allowed by applicable law, you agree to defend, indemnify and hold NGPF and its affiliates harmless from and against any and all claims, causes of action, demands, suits, proceedings judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising from or in connection with:
- Your use of or reliance upon the NGPF website, content, or service, feature, or application offered on the NGPF website
- A breach or violation of any provision of the TOU or any applicable law
NGPF and its affiliates reserve the right, at their own cost, to assume the exclusive control over the defense and settlement of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate in such defense and settlement.
10. SPECIAL PROVISIONS REGARDING FINANCIAL ADVICE
This site contains information regarding personal finance of a general education nature. We strive to keep such information as accurate and informative as possible. However, you expressly agree and acknowledge the following:
- We are not investment advisors, dealers, or brokers, nor are we licenses by the FInancial Industry Regulatory Authority (“FINRA”) as such,
- We do not provide information or advice or intend to provide information or advice that would be provided by a person who would be licensed by FINRA
- We are not credit counselors, financial planners, estate advisors, tax planners, accountants, or any other provider of financial advice specific to individuals’ situations
- We do not sell securities, credit, credit cards, or any other financial products
- We do not provide and will not provide financial advice that is tailored to your specific personal financial situation
- You are not a “client” of NGPF
- You are receiving the information provided by NGPF for general educational purposes only
- You will consult with financial advisors, tax advisors, or investment professionals of your own choice for advice specific to your situation
- You assume all risk in connection with any use by you of any information provided on this site, including, without limitation, all risks of personal financial losses of any kind whatsoever. You agree that we will have no liability of any kind with respect to your personal financial situation.
The TOU is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles. Any dispute arising between you and NGPF concerning the NGPF website or content (including this TOU) shall be decided exclusively by state and federal courts located in the Santa Clara County, State of California, U.S.A. The TOU constitutes the entire agreement between you and NGPF concerning your use of the NGPF website and NGPF Content. If any portion of the TOU is deemed invalid by a court of competent jurisdiction,the invalidity of such portion shall not affect the validity of the remaining portions of the TOU, all of which shall remain in full force and effect. No waiver of any provision of the TOU shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under the TOU shall not constitute a waiver of such right or provision.
12. CONTACT US
If you have any questions regarding the TOU, please contact us at:
Next Gen Personal Finance
PO Box 218
Palo Alto, CA 94301 USA