Terms and Conditions

Effective Date: March 1, 2025

Welcome to NextGen Properties (hereinafter "NextGen Properties," "we," "us," or "our") website at https://nextgenproperties.com (including all content under the "nextgenproperties.com" domain name, referred to herein as the "Website"). The Website and all associated services, data, information, tools, software, updates, and materials (collectively, the "Services") are provided by NextGen Properties subject to your agreement to and compliance with the terms and conditions set forth in this document (the "Agreement"). Services also include communications and content we may provide via our social media accounts, including Facebook and Instagram.

NextGen Properties provides residential property management, acquisition, development, and construction services across California, Arizona, Nevada, Utah, Texas, and Florida, including tenant management, maintenance coordination, financial reporting, and related support for property owners. Our Services are offered under the "NextGen Properties" brand name. In the future, additional services may be added, and other brand names may be used.

Please carefully read this Agreement, which governs your access to and use of the Website and Services, and applies to all users of the Website. If you do not agree and consent to this Agreement, please do not use the Website and/or the Services. If you are accepting this Agreement on behalf of a legal entity, you represent and warrant that you have full legal authority to bind such entity to this Agreement.

1. Important Notices

1. By using and/or visiting the Services, you represent that you have read, understand, and agree to all the terms and conditions of this Agreement, including our Privacy Policy ("Privacy Policy"), which is incorporated herein by reference. This Agreement and Privacy Policy are subject to the provisions of applicable privacy laws including the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), and, to the extent applicable, the European Union General Data Protection Regulation (GDPR).
2. We reserve the right to change, modify, add to, or otherwise alter this Agreement at any time, or to change or discontinue any aspect or feature of the Services without notice to you. Such changes shall be effective immediately upon their posting on the Website. Your use of the Services after we post such changes constitutes your acceptance of such changes. Notwithstanding the foregoing, we will notify you via email regarding any material changes in the Privacy Policy if you have provided your email address to us.

2. License

1. As long as you are in compliance with all the terms and conditions of this Agreement, we hereby grant to you a limited, revocable, non-assignable, non-transferable, non-sublicensable, non-exclusive license to use, access, and receive the Services we provide that are intended for public display or access. Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us.
2. You agree that (i) except in your normal use of the Services, you will not copy or distribute any part of the Services in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Services other than as is necessary to use the Services for their intended purposes; and (iii) you will otherwise comply with this Agreement.

3. Restrictions

1. You agree that you will not violate any applicable law or regulation in connection with your use of the Services.
2. You agree that you will not distribute, upload, or otherwise publish through the Services any materials ("Submissions") that:
   • are unlawful or encourage another to engage in anything unlawful;
   • contain a virus or any other similar malicious software that may damage the operation of our or another's computers;
   • infringe upon any copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other right of any person or entity;
   • are false, inaccurate, fraudulent, or misleading; or
   • are libelous, defamatory, obscene, inappropriate, abusive, harassing, threatening, or bullying.
3. You further agree that you will not:
   • modify, adapt, translate, copy, reverse engineer, decompile, or disassemble any portion of the Services;
   • interfere with or disrupt the operation of the Services;
   • transmit any denial-of-service attack, virus, worm, Trojan horse, or other harmful code or activity;
   • attempt to probe, scan, or test the vulnerability of the Services or to breach our security or authentication measures;
   • take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
   • harvest or collect the email addresses or other contact information of other users of the Services;
   • scrape or collect any content from the Services via automated means;
   • submit or post false, incomplete, or misleading information to the Services;
   • register for more than one user account with us; or
   • impersonate any other person or business.
4. We reserve the right to review, edit, or remove any Submissions; however, we are not required to routinely screen, monitor, or review Submissions. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH SUBMISSIONS, AND YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.

4. Eligibility

1. Some parts or all of the Services may not be available to the general public, and we may impose eligibility rules from time to time. You are not eligible to use the Services if doing so would violate any applicable law or regulation, including but not limited to export controls or restrictions.
2. You must be over the age of 18 to register for an account on the Website, engage our property management services, or use the Services. By registering an account or using the Services, you represent that you meet this minimum age requirement. The Website and the Services are not intended for use by children under 13. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist in limiting access to material that is harmful to minors.

5. Fees, Transactions, and Payments

1. Access to certain features of the Services may require your payment of fees ("Fees"), as described on the Website.
2. If you wish to engage our property management services through the Website (each a "Transaction"), you may be asked to supply certain information relevant to such Transaction, including credit card information and billing address. You represent and warrant that you have the legal right to use any payment method you provide.
3. We may use a third-party payment processor ("Payment Processor") to charge Fees through your registered account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors made by the Payment Processor.
4. We may automatically charge your payment method when payments are due. WE MAY SUBMIT PERIODIC CHARGES TO YOU WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.
5. If you believe that any specific charge is incorrect, you must contact us in writing within thirty (30) days after the payment due date. Otherwise, charges are final.
6. We reserve the right to suspend and/or terminate your access to the Services if your payment method is declined or your account is delinquent. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys' fees and court costs.

6. Credentials Security

1. If you are registered with a user account on the Website, you agree to keep your username, password, and any other credentials needed to log in confidential and secure. You are responsible for controlling the access to and use of your account.
2. We are not responsible for any unauthorized access to your account or the ramifications of such access. You agree that you will not bring any action against us arising out of or related to any claimed unauthorized access using your account credentials.
3. If we believe that there has been unauthorized access to your account, we may take reasonable actions to disable or lock your account or otherwise address the situation.

7. Submissions Made Available to Us

1. You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of your Submissions. If you choose to submit any Submissions to the Services, you hereby grant to us a perpetual, irrevocable, transferable, sublicensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate, and create derivative works from any such Submissions in any media format through any media channels.
2. Personal Data that you upload or make available for the purpose of using the Services will only be used by us for the purpose of providing the Website and Services to you, as further identified in the Privacy Policy.
3. By submitting any Submissions to us, you represent and warrant that: (a) the Submissions do not contain proprietary or confidential information and do not violate any third party's rights; (b) all Submissions are accurate and true; (c) we are not under any confidentiality obligation relating to the Submissions; and (d) you are not entitled to compensation from us in exchange for the Submissions.

8. Information Shared Through the Services

You understand that by sharing information on the Services you may be revealing information about yourself and/or your business. You acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we are not responsible or liable in any way in connection with such sharing.

9. Links to Third-Party Websites

For your convenience, the Website may contain links to the websites of third parties. Except as otherwise noted, such third-party websites are provided by organizations that are independent of us. We do not make any representations or warranties concerning such websites and have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. Any linking to or from such off-site pages or other websites is at your own risk. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party website.

10. Our Intellectual Property

1. Our graphics, logos, names, designs, page headers, button icons, scripts, service names, and brand names are our trademarks, trade names, and/or trade dress. The "look and feel" of the Website and Services are protected by international copyright and trademark laws. You may not use the Marks for any purpose whatsoever other than as permitted by this Agreement.
2. All software used to provide the Services, and all enhancements, updates, upgrades, corrections, and modifications to such software (the "Software"), together with all related intellectual property rights, are the sole and exclusive property of us and/or our licensors. This Agreement does not convey title or ownership to you, but instead gives you only the limited use rights set forth herein.

11. Term and Termination

1. The "Term" of this Agreement will continue until the Agreement is terminated as provided herein. We reserve the right to terminate this Agreement and/or deny all or some portion of the Services to any user, in our sole discretion, at any time.
2. We reserve the right to terminate violators of the Copyright Act, in accordance with applicable law. All rights that you grant to us related to Submissions shall survive any termination of this Agreement. Your representations, warranties, and indemnification obligations shall also survive any termination of this Agreement.
3. You may terminate this Agreement at any time by ceasing use of the Services and by closing your account.

12. Disclaimers and Limitation on Liability

1. We do not represent or warrant that access to the Services will be error-free or uninterrupted. We reserve the right at any time to modify or discontinue (temporarily or permanently) the Services, or any part thereof, with or without notice.
2. The Services may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.
3. THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXTGEN PROPERTIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR THESE TERMS, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF PROPERTY.
5. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless NextGen Properties and its officers, directors, employees, agents, affiliates, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of this Agreement; (c) your violation of any applicable law or the rights of any third party; or (d) any Submissions you provide. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

14. Dispute Resolution and Arbitration

1. Agreement to Arbitrate. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Orange County, California.
2. Class Action Waiver. YOU AND NEXTGEN PROPERTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
3. Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
4. Opt-Out. You may opt out of this arbitration agreement by notifying us in writing within thirty (30) days of first accepting these terms. Written notice should be sent to: NextGen Properties, 620 Terminal Way, Costa Mesa, CA 92627.

15. Fair Housing

NextGen Properties is committed to compliance with all applicable federal, state, and local fair housing laws, including the Federal Fair Housing Act, the Americans with Disabilities Act (ADA), and all applicable state equivalents in California, Arizona, Nevada, Utah, Texas, and Florida. We do not discriminate against any person on the basis of race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, source of income, or any other class protected by applicable law. Any content on this Website related to rental properties, tenant screening, or property management is intended to be consistent with these obligations. If you believe you have been subjected to discriminatory treatment in connection with our services, please contact us immediately or file a complaint with the U.S. Department of Housing and Urban Development (HUD) at hud.gov.

16. Licensing and Regulatory Compliance

NextGen Properties operates as a licensed real estate broker in each state in which we provide property management services, in compliance with applicable state licensing requirements. Our services are subject to state-specific landlord-tenant laws, including California's Tenant Protection Act (AB 1482), just cause eviction statutes, habitability standards, and the applicable regulations of the states of Arizona, Nevada, Utah, Texas, and Florida. Nothing in this Agreement modifies or supersedes the rights and obligations set forth under applicable state and local law governing residential tenancies. Applicable regulatory disclosures are provided separately as required by law.

17. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions, except to the extent that mandatory provisions of applicable state law in the jurisdiction where a property is located may apply. Subject to the arbitration provisions above, any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction of such courts.

18. General Provisions

1. Entire Agreement. This Agreement, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitutes the entire agreement between you and NextGen Properties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications between you and NextGen Properties with respect to such subject matter.
2. Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us.
3. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
4. Assignment. You may not assign this Agreement or any rights or obligations hereunder without our prior written consent. We may assign this Agreement without your consent in connection with a merger, acquisition, or sale of substantially all of our assets.
5. Notices. Any notices or other communications provided by us under this Agreement will be given by posting to the Website and/or by sending an email to the address you have provided to us.

19. Contact Us