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Terms and Conditions of Use

Nexgen Products, Inc. Copyright 2005 All Rights Reserved.


The materials on this site ("Site") are provided by Nexgen Products, Inc. ("Nexgen") and may be used only for informational purposes. By using the Site you agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, you should not use this Site, so please review the terms carefully.

Nexgen reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time and the same shall immediately become effective upon the posting. By using this Site after such posting, you agree to be bound by updates and changes. Nexgen expressly reserves the right to make changes without any obligation to notify past, current or prospective visitors to the Site. For this reason, we encourage you to check these Terms and Conditions from time to time. Nexgen further reserves the right, in its sole discretion, to edit or delete any documents, information or other content appearing on the Site.

Copyright. You are invited to browse and read this Site, but the entire content (text, graphics, logos, button icons, images, data compilations and/or software) of this Site is protected by United States and international copyright laws. In addition, the compilation of all content on this Site is the property of Nexgen and is protected by United States and international copyright laws. All software used on this Site is the property of Nexgen or its software suppliers and is protected by United States and international copyright laws. You may not copy, distribute, reproduce or transmit in any form or by any means, electronic, mechanical, photocopying or otherwise, any of the content of this Site, without the prior written permission of Nexgen. Any unauthorized use may violate civil or criminal laws.

Nexgen Trademarks. The trademarks NexgenCommerce, PocketCSR, and NexgenCSR, and other trademarks, graphics and logos, and all trade dress used on this Site are owned by Nexgen or its affiliates, unless indicated otherwise. The overall look and feel of this Site, including any trade dress, is also the property of Nexgen or its affiliates. Nexgen's trademarks and trade dress may not be used in any manner without the express written permission of Nexgen. Any unauthorized use may violate civil or criminal laws.

Third Party Trademarks. Any trademarks owned by a third party other than Nexgen that may appear on this Site from time to time are the property of their respective owners. Nexgen makes no representations about them, their owners, their products or services. The use of third party trademarks on this Site does not constitute or imply a relationship, endorsement, sponsorship or recommendation of Nexgen or any of its offerings by the respective third party owner. Nexgen does not give you authority to use third party trademarks which appear on this Site. Nexgen attempts to ensure that each third party trademark and service mark used on this Site is accurate, and not disparaging to the third party owner nor misleading to the public. While Nexgen attempts to display each mark on this Site with accuracy and in accordance with its current registration status, it is possible that a mark could be displayed in a manner inconsistent with its status at the time this Site is accessed, and same is not intended to be otherwise relied upon.

Links to Third Party Websites. The Site may contain links to other websites on the Internet, which are owned and operated by third parties. You acknowledge that Nexgen is not responsible for the availability of, or the content located on or through, any such website. Nexgen is providing these links to you only as a convenience and the inclusion of any link does not constitute or imply a relationship, endorsement, sponsorship or recommendation by Nexgen of the website or by the website proprietor of Nexgen. Inclusion of any link further does not constitute or imply a relationship, endorsement, sponsorship or recommendation of Nexgen by the third party owner of the linked website. Nexgen encourages you to review the legal and privacy statements of all third party websites, which may be quite different from ours.

Accuracy of Information. Nexgen attempts to ensure that all information provided on this Site is accurate and reliable, but errors may sometimes occur. All third party sources are believed to be reliable but Nexgen makes no warranty or guarantee as to the information's accuracy or completeness.

Disclaimer. ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY KIND OF WARRANTY, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, NEXGEN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Limitation of Liability. IN NO EVENT SHALL NEXGEN BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING COMPENSATORY, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER, (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM THE LOSS OF USE, DATA OR PROFITS), CAUSED BY ANY USE OR INABILITY TO USE THIS SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, DEFECT OR COMPUTER VIRUS EVEN IF NEXGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction and Miscellaneous. All responsibility or liability for any damages caused by viruses that may infect your computer equipment on account of your access to, use of or browsing in the Site, or your downloading of any materials from this Site, is your responsibility and not that of Nexgen. You also specifically acknowledge and agree that Nexgen is not liable for any defamatory, offensive or illegal conduct of any user and that you will not be involved in such activity as it relates to the Site.

You agree to indemnify, defend and save Nexgen, its employees and affiliates harmless from and against any liability, loss, claim, litigation and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

This agreement constitutes the entire agreement between Nexgen and you, as a user of the Site, and supercedes all prior agreements and understandings with respect to the Site, its content and materials and the subject matter of this Agreement. This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of laws or provisions. Nexgen's failure to exercise or enforce any right or provision of the Agreement will not be deemed a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any law or statute to the contrary, and claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose.
 
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