Welcome to www.nextogen.com (together with any related websites, the “Site”). The Site is owned and operated by Nextogen, Inc. (“Nextogen”). Please read these Terms of Service (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below). You represent to Nextogen that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Nextogen are collectively referred to as the “Parties” and each is a “Party”.
Nextogen Content
The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Nextogen or its licensors (“Nextogen Content”). The Site (including the Nextogen Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Nextogen, Nextogen owns and retains all rights in the Site and the Nextogen Content. Nextogen hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Nextogen Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Nextogen in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Nextogen Content. You may not, either directly or using any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Nextogen Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Nextogen Content.
Global Availability
Nextogen controls the Site from its USA office. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Nextogen makes no representation that the products and services referenced herein are appropriate, or available, worldwide.
Disclaimers
THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY NEXTOGEN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEXTOGEN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER NEXTOGEN'S CONTROL.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL NEXTOGEN, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL NEXTOGEN'S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Responsibility for End Users
You are responsible for violations of these Terms by anyone using the Site with your permission. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.
Digital Millennium Copyright Act.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Site infringes your copyright, please send (or have your agent send) to Nextogen's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Nextogen to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit Nextogen to contact you, including an address, telephone number and, if available, an email address; (d) the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law”; (e) the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and (f) your physical or electronic signature.To file a counter notification with Nextogen, please provide the following information to Nextogen's Copyright Agent: (a) a description of the material that Nextogen has removed or to which Nextogen has disabled access; (b) information reasonably sufficient to permit Nextogen to contact you, including an address, telephone number and, if available, an email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Southern District of New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person; (c) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and (d) your physical or electronic signature.
Nextogen's Copyright Agent for notification of claimed infringement can be reached electronically at: info@nextogen.com. Nextogen reserves the right to terminate infringers' and suspected infringers' access to or use of the Site.
Termination and Monitoring.
Nextogen reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. Nextogen has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that Nextogen finds to be in violation of these Terms. Nextogen may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Nextogen also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.
Electronic Communications
When you visit the Site or send emails to Nextogen, you are communicating with Nextogen electronically; and you consent to receive communications from Nextogen electronically. Nextogen will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Nextogen provides to you electronically satisfy any legal requirement that such communications be in writing.
Contact
Please contact Nextogen at info@nextogen.com with any questions regarding these Terms.
