Terms of Use for Nexgen and All Related Websites

Last Updated 2020

Welcome to Nexgen (referred to as “Company”, “we,” “us,” or “our”). Before you begin to use the Nexgen website (“Company Website”), please take a moment to review this Terms of Use Agreement (“Agreement”). The Agreement describes the terms and conditions applicable to your use of the Company Website and the products and services provided through or in connection with the Company Website (collectively, “Service”), which may be updated by Company from time to time without notice to you. Company may also offer other services that are governed by a different Terms of Service.

You must read and agree with all of the terms and conditions contained in this Agreement and the Company Website Privacy Policy then in effect (“Privacy Policy”), which is incorporated by reference, before you use the Service. By accessing the Company Website, you agree to abide by the Terms of Use and Privacy Policy. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.

Eligibility

Use of the services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the service

Privacy

Company respects your privacy. Use of our Site is also subject to the Terms and Conditions of our Privacy Policy. See Nexgen‘s privacy policy for additional information regarding your privacy on this website.

If you have questions about these Terms of Use of the Privacy Policy please e-mail [email protected]

Contents and Linking

All material that appears on this website is for general informational purposes only. While we try to ensure that any information we post to this website is both timely and accurate, errors may appear from time to time. This website may not be updated daily, and certain information may not be the most current information available. Though we may post follow-up information and reports, and may continue to provide access to the original information and reports, as in an archive of news stories, for example, we may not go back and change the original report to reflect new developments. If you’re looking for the most recent information on a given subject be sure you’re not looking at an out of date report. Before you act on information you’ve found on our website, you should independently confirm any facts that are important to your decision.

Company is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Company or its licensors.

Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the website. The materials available through this website are the property of Company or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, Company and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this website should be sent to [email protected].

We welcome links to the homepage of our website. You are free to establish a hypertext link to the homepage of this site so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Company. We do not permit framing or inline linking to our website or any portion of it.

Trademark & Patent Information

Company and its trademarks and service marks, logos and product and service names and phrases which Company now claims or may claim in the future are trademarks of Company (the “Company marks”). You agree not to display or use the Company marks in any manner, without Company’s prior written permission.

Violations

You should report any violations of the Agreement to [email protected].

Submissions and Postings; Disclosure

You are solely responsible for any information that you submit or post on this website. By using this website you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy this website or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.

We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this website.

(Accuracy) You represent and warrant that the information you provide to us through your Application is accurate and truthful. If you do not provide such information in such manner, we reserve the right to deny, suspend, or terminate Service. We reserve the right to refuse to provide the Service to you, in our sole discretion, with or without cause.

Termination

Company reserves the right at any time to terminate your use of this website if you fail to comply in full with any term of this agreement, or any other terms, agreements, or policies that apply to this website and the use of it.

Indemnification

You agree to indemnify, defend, and hold harmless Company (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this agreement or unauthorized use of this website. Your indemnification obligation shall survive the termination of this agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Company in connection with our defense.

Disclaimer of Warranties and Liability

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

THIS WEBSITE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” COMPANY AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL COMPANY (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF COMPANY (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE USE OF THE WEBSITE.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent a court determines any provisions in this Agreement to be unenforceable; such a determination shall not affect the validity of the remaining terms of this Agreement, which shall remain in full force and effect.

Arbitration and Applicable Law

By visiting and/or using the Company Website form within the United States, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Company or its affiliates.