VIP Membership Terms for Nexgen

Last Updated 2020

Nexgen VIP Terms and Conditions

Welcome to Nexgen VIP™ (“VIP”).

By signing up for a VIP membership, you (“you” or “your”) agree to the following terms and conditions (“VIP Terms”), our Terms of Use, our Privacy Statement, and any additional terms applicable to the features of VIP in which you may elect to participate (collectively, the “Agreement”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SIGN UP FOR A VIP MEMBERSHIP. Nexgen, Inc. (“Nexgen” or “us” or “our” or “we”) operates VIP and VIP membership services. Nexgen reserves the right to modify or terminate VIP at any time and in any manner, in whole or in part, as outlined below. You agree that you will review these Terms periodically and that you are bound by this Agreement and any modifications we may make to it from time to time.

1. Membership Scope

As a VIP member, you may have early access to certain deals, access to certain closed and sold-out deals, and access to other benefits. Certain deals available as exclusive Nexgen engagements and all NEXGEN DEALS OFFERED THROUGH NEXGEN NOW!, NEXGENLIVE, NEXGEN GOODS AND NEXGEN GETAWAYS PROGRAMS ARE NOT ELIGIBLE FOR VIP BENEFITS. The features of, and services available to you through, VIP may vary over time.   Your VIP membership, and deals offered to you pursuant to your VIP membership, may not be shared, transferred or assigned to any other person or entity.

1. Membership; Eligibility Criteria

To become a VIP member, you must: (a) be a U.S. resident at least 18 years of age as of the date of your VIP registration, (b) have the capacity to enter into a legally binding contract, and (c) have, and maintain in good standing, a Nexgen customer account registered with a valid email address and at least one valid credit card. You agree that all notices regarding this Agreement will be sent to you electronically via the valid email address registered with your customer account. Participation in VIP is subject to this Agreement, as well as any policies and procedures that Nexgen may have, adopt or modify from time to time. Any failure to abide by this Agreement or any policies or procedures implemented by Nexgen, any conduct detrimental to Nexgen, any misrepresentation or fraudulent activities in connection with VIP, or any failure to act in a manner consistent with federal, state, provincial, or local laws, regulations, or ordinances, may, in addition to any rights or remedies available to Nexgen in law or equity, result in the termination of your membership in VIP, in Nexgen’s sole discretion.

1. Fees and Billing

The VIP membership is a monthly membership. By completing the VIP registration process, you give us permission to charge the then-current monthly  VIP membership fee to the valid credit card you designate during registration. You agree to update Nexgen with any changes to your billing preferences and designations. If the payment method you designate during registration is invalid, or later becomes invalid, Nexgen may cancel your VIP membership. The VIP membership fee quoted is exclusive of any applicable taxes, which will be added to your bill if and as applicable. The monthly VIP membership fee may vary from year to year. We reserve the right to accept or refuse membership in our sole discretion. You will be billed separately for any vouchers or other services you purchase from Nexgen during your VIP Membership Period, as these additional purchases are not included in the VIP membership fee.

1. Automatic Renewal

Your monthly membership period will begin when you complete the registration process (“Start Date”). Your membership will automatically renew one (1) year from the Start Date (“End Date”), unless you cancel your membership as provided below prior to the End Date (collectively, “Membership Period”). For VIP members with billing addresses in certain states, including, without limitation, Connecticut, Florida, Hawaii, Illinois, and New Mexico, we will send a notification to the email address registered with your customer account thirty (30) days prior to the End Date reminding you that your VIP membership will automatically renew unless you cancel your membership prior to the End Date. If you allow your VIP membership to renew, you will be charged the then-current monthly membership fee for your renewal membership. Renewed Membership Periods will begin on the End Date of your previous Membership Period and continue for one (1) year.

1. Cancellation of Membership

Cancellation by You: VIP memberships can be cancelled at any time during the Membership Period. To cancel your VIP membership or to request an available refund, log into your customer account and visit “My Account,” or contact Customer Support at [email protected]. If, during the then-current Membership Period and prior to cancellation, you have not purchased a deal through VIP or received a voucher refund through VIP, you are entitled to a full refund of the monthly membership fee for the then-current Membership Period. If, during the then-current Membership Period and prior to your cancellation, you have either purchased a deal through VIP or received a voucher refund through VIP, you are not entitled to any refund of your membership fee if you cancel before your Membership Period expires.

Cancellation by Us: Nexgen may, in its sole discretion, cancel your VIP membership and terminate this Agreement if you breach any provision of this Agreement. If Nexgen terminates this Agreement due to your breach, Nexgen will have no liability or responsibility to you, and Nexgen will not refund any amounts that you have previously paid for your VIP membership. If Nexgen terminates this Agreement because VIP has been discontinued, we will give you a prorated refund of your membership fee for the unused months remaining in your then-current Membership Period. Refunds will be issued to the billing payment method you designated during registration. If Nexgen terminates this Agreement because your designated payment method is or becomes invalid, you will have thirty (30) days from the date of cancellation to register a valid method of payment and reactivate your VIP membership for the remaining term of the then-current Membership Period at no additional charge.

1. VIP Free Trial

From time to time, we may offer a one-time free trial to select participants (“Free Trial”). Free Trials will be offered in our sole discretion. A Free Trial provides participants with the benefits of a VIP membership at no cost during the Free Trial period. You will not be billed for the Free Trial during the Free Trial period. However, you will be billed for any vouchers or other services you purchase during the Free Trial period. The length of any Free Trial period may vary. You must have a registered Nexgen account to participate in a Free Trial. Current VIP members are not eligible for a Free Trial. Previous VIP members and Free Trial participants who cancelled a VIP membership or Free Trial are not eligible for a subsequent Free Trial for at least thirteen (13) months after such cancellation. Your Free Trial period will begin when you complete the registration process. Upon expiration of your Free Trial period, you will automatically be registered for a monthly VIP membership and charged the monthly VIP membership fee unless you cancel your Free Trial prior to the end of your Free Trial period. Free Trials can be cancelled at any time r by contacting Customer Support at [email protected]. Free Trials are subject to this Agreement as applicable, unless otherwise stated.

1. Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement, as we deem necessary or desirable. Additionally, we reserve the right at all times to add or remove VIP membership services or to discontinue VIP. If we make changes that materially affect your use of VIP, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and by posting notice of the change in the VIP Terms of Use. Any changes to this Agreement will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes in our VIP Terms of Use. We suggest that you revisit our VIP Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to this Agreement. Your use of VIP after we update this Agreement will constitute acceptance of the modified Agreement.