Terms and Conditions (“Terms”)
Last updated: May 2020.
1. Who May Use the Service
You may use the Service only if you agree to form a binding contract with NexGen and are not a person barred from receiving Service under the laws of the applicable jurisdiction. In any case, you must be at least 16 years old to use the Service. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. These Terms apply to all visitors, users and others who access or use the Service.
3. Content on the Service
You are responsible for your use of the Service and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
4. Your Account
You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Service. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
5. Your License to Use the Service
NexGen gives you a worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by NexGen, in the manner permitted by these Terms.
The Service is protected by copyright, trademark, and other laws. Nothing in the Terms gives you a right to use the NexGen name or any of the NexGen trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of NexGen and its licensors. Any feedback, comments, or suggestions you may provide regarding NexGen, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We may suspend or terminate your account or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Service to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Service, except that the following sections shall continue to apply: II, III, V, and VI.
7. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by NexGen. NexGen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or Service. You further acknowledge and agree that NexGen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Service available on or through any such web sites or Service. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or Service that you visit.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXGEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEXGEN EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID NEXGEN, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT NEXGEN HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account, 30 days in advance. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
9. Governing Law
The laws of the State of New York, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and NexGen. All disputes related to these Terms or the Service will be brought solely in the federal or state courts located in Erie County, New York, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Service in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. NexGen’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and NexGen Technologies, LLC , 2234 N. Federal Highway #103, Boca Raton, FL 33431 U.S.A. If you have any questions about these Terms, please contact us at [email protected]