Terms and Conditions
Please read the following terms and conditions before using the NexGen Enterprises, Inc. ("NexGen") website. By accessing and using this website, you acknowledge that you have read, understand and agree to comply with the following terms and conditions.
NexGen may amend these terms and conditions at any time. Your continued use of this website is conditioned on the terms and conditions stated at the time of your use. You should visit this page prior to using this website to determine the current terms and conditions to which you are bound.
NexGen gives you permission to download or print one copy of all or any portion of this website for your personal use in learning about, evaluating or acquiring NexGen's products or services; however, NexGen retains the copyright on all texts and graphics. This means that you do not have permission to engage in any other use of, including, but not limited to, to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter or modify, the copyrighted materials, without NexGen's prior written permission.
Corporate Identification and Trademarks
All trademarks, copyrights, content, information, business methods, graphic representations, designs and documentation posted on this website as well as the "look and feel" of this website are trademarks of NexGen and/or its affiliates. You may not copy, reproduce, republish, upload, post, transmit, distribute, modify or otherwise use these marks, including use on any other website, without NexGen's prior written permission. The posting of these marks does not constitute a waiver, transfer or license of NexGen's proprietary rights to you or to any third party.
NexGen prohibits the use of its trademarks as a "link" on or to any other website unless NexGen has approved the link in writing in advance.
Disclaimer; Limitation of Liability
This website includes information related to or referenced in the offering documentation for certain products distributed by NexGen. This information is provided for your general information only and does not constitute an offer to sell or a solicitation of an offer to buy products. The information does not constitute a sufficient basis for making a decision with respect to the purchase of any products. Before purchasing any products, please consult your products advisor for information about and analysis of the products, its risks and its suitability in your particular circumstances.
NexGen makes reasonable efforts to place accurate information on this website; however, NexGen assumes no liability for any errors or omissions in the website content. NexGen does not warrant uninterrupted or error-free operation of the functions contained in this website or that the website or its server are free of viruses or other harmful components.
ALTHOUGH NEXGEN HAS TRIED TO BE AS ACCURATE, COMPLETE AND CURRENT AS POSSIBLE, NEXGEN DOES NOT WARRANT THAT THE CONTENT HEREIN IS ACCURATE, COMPLETE OR CURRENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME CHANGES ARE MADE TO THE CONTENT HEREIN. NEXGEN MAY MAKE CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME. WE RESERVE THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE.
Unless expressly provided otherwise, NexGen provides this website and its contents "AS IS" and WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW, INCLUDING ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
USE OF THIS WEBSITE AND THE INFORMATION IS AT THE USER'S SOLE RISK. IN NO EVENT WILL NEXGEN OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS WEBSITE, ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN THIS WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITATION LOST DATA, LOST REVENUE, OR LOST PROFITS, UNDER ANY THEORY, WHETHER UNDER A CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EVEN IF NEXGEN IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEXGEN OR ANY OF ITS AFFILIATES, EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY IN ADDITION TO THOSE GIVEN HEREIN. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO NINETY (90) DAYS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS PARTICULAR TO YOUR JURISDICTION. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Jurisdiction and Governing Law
This site is intended and directed to residents of the United States. All advertising and claims contained in this site are valid only in the United States.
Any claim relating to this website and the materials contained in this website is governed by the laws of the State of Ohio, without reference to its conflicts of law rules. Your use of this website constitutes your consent to jurisdiction in courts of competent jurisdiction in the State of Ohio to resolve any interpretation or dispute arising from your use of this website.
All designs, graphics, texts, arrangements and software that make up this website are copyrighted by NexGen Enterprises, Inc. or its affiliates. All rights reserved.
- the information we collect;
- the choices that are available to you regarding how the information is used and to whom it is disseminated;
- your rights to access and correct or update your personally-identifiable information; and
- the security procedures that are in place to protect against the loss, misuse or alteration of information under our control.
Information We Collect and How We Use It
NexGen collects two types of information about you when you visit our website:
- personal information (including, by way of example only, your name, address, telephone number and e-mail address); and
- non-personal, aggregate information (such as information regarding the pages on our site that you have visited and your IP address).
- Personally-Identifiable Information
What We Collect -- The only personally identifying information we collect and store about you is the information that you choose to provide to us.
Electronic Mail - We will also gather your personally identifiable information when you send us an e-mail. We will use this information to respond to your e-mail. We may also use the information to send you notifications about our products or services.
Business Partners/Professional Visitors -- Business partners and professional visitors requesting access to specialized content areas of this website may be required to provide identifying information.
Sharing Your Information -- We may share your personally identifiable information within NexGen and its affiliated companies. By using the NexGen website, you agree that we will have right to use and disclose any information that you submit to us across NexGen-owned business entities, as appropriate, without compensation or acknowledgment of its source. We may acquire businesses or assets in the future to which customer's personal information may be transferred in the course of such transactions. We may transmit the information to another country for purposes such as for storage, or because of where our servers are located. In addition, we will release customer's personally-identifiable information if required to do so by law or by search warrant, subpoena or court order.
- Non Personally-Identifiable Information
What We Collect -- The NexGen website may collect non-personally identifiable information during your visit, such as type of browser, operating system, domain name, or IP address. An IP address is a number that is automatically assigned to your computer whenever you're surfing the Web. Web servers -- the big computers that "serve" up Web pages -- automatically identify your computer by its IP address. When you visit pages on NexGen's website, our servers log your IP address. We do not link IP addresses to any personally identifiable information. This means that your session will be logged, but you remain anonymous to us. IP address information is used only to improve the service of the NexGen website and is then discarded at the end of each session on our site.
Referrers -- NexGen also collects information through "referrers" and various environmental variables. A "referrer" is information the web browser passes along to NexGen's web server that references the URL from which you came. "Environmental variables" include, among other things, the domain from which you access the Internet, the time you accessed our website, type of web browser and operating system or platform used, the Internet address of the website you left to visit NexGen, the names of the pages you visit while at our website, and the Internet address of the website you visit afterward. We collect all of this information to allow us to detect broad demographic trends, to provide information tailored to your interests and to enhance your experience on NexGen's website. NexGen may store "referrer" information for a limited period of time prior to deleting this information.
Profiling -- To help us improve our website and to ensure that we make every effort to provide you with information and offers that are of interest to you, we may merge your personally-identifiable information with click-stream data and other data we have (including cookies and offline data). We will provide notice of this, as well as an opportunity to opt-out of it, at the time and place of information collection and before data is entered onto our system. We may also develop a non-identifiable profile on you based on the pages within our site that you visit.
This website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to read the privacy statements of each and every website that they visit. This privacy statement applies solely to information collected when you visit the NexGen website.
Notification of Changes
Special Policy Regarding Information from Children Under Thirteen
This website is not targeted to children under the age of 13, and we do not knowingly request personally identifiable information from any child under the age of 13 without parental consent. When we do receive such information, we delete it as soon as we discover it and do not use it or share it with third parties.
NexGen provides the following choices regarding the use of your information. You may choose not to provide us with any contact information.
We make every effort to have reasonable security procedures in place to protect the loss, misuse or alteration of information under our control. If you have any questions about the security at our website, you can send an email to firstname.lastname@example.org.