NexGen-Capital.com Terms of Use
The use of the web site (the “Web Site”) is subject to the terms and conditions stated herein. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions. In addition, when using particular NexGen Capital Corp (“NGC”) services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time.
Ownership of Intellectual Property/Usage Restrictions
The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by NexGen Capital Corp or its licensors. United States and worldwide copyright laws and treaty provisions protect the contents of this Web Site.
You and other Web Site users may not:
Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Web Site without NexGen Capital Corp express written permission.
Copy, modify or display trademarks, names or logos appearing on this Web Site in any way without NexGen Capital Corp’s express written permission.
Redeliver, transfer, or sell any information, software, lists of users, databases or other lists, products, or services provided through or obtained from the NexGen-Capital.com Web Site. This includes among other activities, using “framing”, “scraping”, “screen scraping,” “database scraping”, or any other activity with the purpose of obtaining lists of users or other information and includes any of the pages, text, images or other content of this Web Site technology without NexGen Capital Corp’s express written permission.
Soliciting any of the individuals or companies listed on this web site for purposes of selling products or services is prohibited.
You agree that you will not use the NexGen-Capital.com Web Sites in any manner that could damage, disable, overburden, or impair the NexGen-Capital.comCapital.com Web Sites or interfere with any other party’s use and enjoyment of the NexGen-Capital.com Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NexGen-Capital.com Web Sites.
Except with the written permission of NexGen Capital Corp, you agree that you will not create links from any web site or web page to any page within the NexGen Capital Corp Web Sites with the exception NexGen-Capital.com the NexGen-Capital.com Web Sites homepages, including, but not limited to pages currently located at NexGen-Capital.com. The origin of any such link to the NexGen-Capital.com Web Sites homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the NexGen-Capital.com Web Sites homepage. You agree that if you create any link to the NexGen-Capital.com Web Sites that you will not employ any technology that results in the placement of content from the NexGen-Capital.com Web Sites in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the NexGen-Capital.com Web Sites from how they would appear if a user typed in their URL to a typical browser line. You agree that NexGen-Capital.com may in its sole discretion and at any time terminate your access to and use of the NexGen-Capital.com Web Sites, or any part thereof, with or without notice.
Web Site Security
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. NexGen Capital Corp. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
LIMITED WARRANTY
NexGen Capital Corp (NexGen-Capital.com) WEB SITES ARE PROVIDED “AS-IS” AND “WITH ALL FAULTS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEB SITES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE WEB SITES. THE COMPANY DOES NOT WARRANT THAT THE WEB SITES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
LIMITATION OF LIABILITY
NexGen Capital Corp (NexGen-Capital.com) SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GSF WEB SITES. USE OF NexGen-Capital.com WEB SITES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NexGen-Capital.com WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NexGen-Capital.com WEB SITES.
Indemnity
You will indemnify, defend and hold harmless NexGen Capital Corp (NexGen-Capital.com) and its officers, directors, employees and agents (each, an “Indemnified Party”) from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, “Damages”) incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the NexGen Capital Corp Web Sites or (ii) your breach of this Agreement.