Terms of Use



Terms & Conditions Of Use

Welcome to the NEXGEN website site ("Site") on the World Wide Web. Please review these Site terms of use which govern your access to, use of, and/or purchase of products and services from our Site. By accessing, browsing, or using this Site or any of our "on-demand" applications, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms then please do not use this Site.

NEXGEN controls and operates this Site from its offices within the United States, State of Maryland, and you agree that these Terms of Use and any legal action or proceeding relating to this site shall be governed by the laws of the State of Maryland without regard to its choice of law rules. If you do not agree, please do not use this Site.

If you attempt to bring any legal proceedings against NEXGEN you specifically acknowledge that NEXGEN is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this site to choose the laws of the State of Maryland to govern any such proceedings, we will probably choose to defend any such action in Maryland and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.

You are responsible for complying with the laws of the jurisdiction from which you are accessing this site, and you agree that you will not access or use the information or services offered through this site in violation of such laws. By accessing this site and/or engaging the services offered, you represent that you have the legal capacity to do so and that you are authorized to perform the transactions that you initiate.

Except for the any historical information contained herein, company matters discussed are forward looking statements that involve risks and uncertainties detailed from time to time.

Site Contents, Ownership, And Use Restrictions

The information contained in this Site including all images, illustrations, designs, photographs, videoclips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by NEXGEN or its subsidiaries and affiliates ("NEXGEN") or are the property of their respective owners.

The name NEXGEN and the NEXGEN logo are trademarks of NEXGEN Solutions, LLC (Registration No. 2172158, United States Patent and Trademark Office). Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site’s CONTENT for the purposes of

  • placing an order; or
  • using our Site as a resource in identifying suppliers, provided you do not modify the Site and that you retain all copyright and other proprietary notices contained in the Contents; or
  • Gaining access to software licensed from NEXGEN under a separate agreement.
 

Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored, photocopied, framed by a third party website or reproduced without the prior written permission of NEXGEN or the applicable copyright owner.

Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of NEXGEN, is strictly prohibited.

Disclaimer Of Warranty

NEXGEN IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ANY SITE OR SERVICE ACCESSIBLE THROUGH THIS SITE. NEXGEN EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALTHOUGH NEXGEN BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, NEXGEN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice.

Disclaimer Of Liability

IN NO EVENT SHALL NEXGEN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR DATA, WITHOUT REGARD TO THE FORM OF ACTION, AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE, OR OF ANY CONTENT LINKED TO THIS SITE. In an effort to provide our customers with the most current information, NEXGEN will, from time to time, make changes in the Contents and in the products or services described on this Site.

About Our Prices

The prices advertised on this Site are for Internet orders. Prices and the availability of items are subject to change without notice. We reserve the right to limit sales, including the right to prohibit sales.

User Comments, Feedback, And Other Information Submissions Provided By You

You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to NEXGEN ("Transmissions") shall be and remain NEXGEN's property.

All Transmissions will be treated as non-confidential and non-proprietary and NEXGEN shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, NEXGEN shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that NEXGEN may use information about your demographics and use of this Site in any manner that does not reveal your identity.

In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

Revisions

NEXGEN may revise these Terms of Use by updating this posting. You agree that in the event any portion of these Terms of Use are found to be unenforceable, the remainder shall remain in full force and effect. By using this Site you agree to be bound by any revisions to these Terms of Use and should therefore periodically visit this page to determine the then current provisions to which you are bound.