NextGen Directory Terms of Use
Last updated October 1, 2006
This website is provided by NextGen Admin (collectively referred to as “NextGen”). NextGen is a LLC and operating in the state of Michigan.
You Agree to These Terms by Using this Site
Your access to, and use of, this Website (collectively referred to as the “Site”) is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and NextGen are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately, not use the files herein, and/or not subscribe to this service.
Accepted Use of the Service
You represent to NextGen that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate / Member of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, abusive, fraudulent or violates any law. As Company may not review all information provided by You, You shall remain solely responsible for Your content and Web site. You may not artificially inflate traffic counts to NextGen using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects, unless it is consented by NextGen. Links may not be placed in newsgroups and unsolicited e-mail is strictly prohibited. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales to NextGen. NEXTGEN RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE'S LINK. If You are terminated from the Service, NextGen has the right to withhold money You owe within the Service and You will not be allowed to re-submit.
Limitations of Use
The information and materials on this website are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing NextGen services and products, or for your personal use of any tools and downloads available on this site. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this website for any commercial, non-commercial or any other purpose not outlined in this agreement.
Privacy
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by NextGen in accordance with the NextGen Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.
Disclaimer of Warranties
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, NextGen neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, NextGen assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER NextGen, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
Third Party Disclaimer
NextGen may provide hyperlinks to third party websites or other resources solely for your convenience. NextGen does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, NextGen specifically disclaims any responsibility if such sites:
· infringe any third party's intellectual property rights;
· are inaccurate, incomplete or misleading;
· are not merchantable or fit for a particular purpose;
· do not provide adequate security;
· contain viruses or other items of a destructive nature; or
· are libelous or defamatory.
Neither does NextGen endorse the content, or any products or services available, on such sites. If you visit such sites or establish a link to such sites or the Site, you do so at your own risk and without the permission of NextGen.
Copyright
Any Content downloaded by you from this website, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively referred to as the "Content") is licensed to you by NextGen. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content.
This website contains copyrighted materials, animations, photographs, images, videos, footage, text, music, and sounds (collectively referred to as the "Content") which is owned by NextGen or its licensors. It is illegal to duplicate, download or distribute any Content from this Site except for your use. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.
If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact us at info [at] nextgenadmin [dot] com
Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported:
· into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
NextGen does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
Revisions to the Terms
NextGen may at any time, and without notice, revise this Terms of Use statement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use statement.
Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the State of Michigan, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Ottawa County, Michigan, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.