Website Use Terms and Conditions
These website terms and conditions apply solely to websites owned or operated by NextGenAccess. (“NextGenAccess”). Please note that certain other NextGenAccess internet services may have additional terms and conditions regarding your use of those services, and nothing in these terms and conditions is intended to modify such additional terms and conditions. IF YOU DO NOT AGREE TO THESE WEBSITE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS SITE.
Permission to make and internally use copies of the text, graphics, images, video and audio files and other information (“Content”) from this site is granted subject to the following:
1. Any copies shall be used only for your internal, non-commercial use;
2. Any copies must include the following copyright notice: “Copyright 2004, 2005, 2006, 2007, and 2008 NextGenAccess. All rights reserved”;
3. Permission is granted only to the person legally accessing this server and is not transferable to any other person.
4. Without the express prior written authorization of NextGenAccess, you may not use, modify, copy, print, display, reproduce, distribute, manipulate, or publish any content from this site; or:
a. use any data mining robots (“bots”), hardware or software modules that add a specific feature or service by plugging into an existing larger system (“plug-ins”), or other data gathering and extraction tools, scripts, applications, or methods on this site;
b. use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein, including taking any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers;
c. decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or server;
d. use any meta tags or any other “hidden text” utilizing NextGenAccess’s name or any NextGenAccess trademark without NextGenAccess’s prior written permission;
e. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NextGenAccess or use any NextGenAccess trademark except as set forth in the foregoing limited license in these terms and conditions; or
f. otherwise exceed your limited access to the site as authorized by NextGenAccess.
NextGenAccess reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and NextGenAccess reserves the right to take legal action. The Content may contain other proprietary notices or describe products, services, processes or technologies owned by NextGenAccess or third parties. Except for the foregoing limited license to make and internally use copies of the Content, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of NextGenAccess or any third party.
User Name and Password
If you access the site anonymously, you may do so as a visitor and will not be required to create a user name. However, in order to access certain services on the site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your user name and password and will be solely liable for any use or unauthorized use under such user name and password. We may suspend or terminate your user name and password at any time with or without notice if you fail to comply with any term or provision of this agreement. Upon termination, you agree to cease any use of this site and destroy all materials obtained from this site and any and all other NextGenAccess site(s), and all copies thereof, whether made under the terms of this agreement or otherwise.
Requirements for linking to www.NextGenAccess.com
You may link to our site, subject to the following guidelines:
1. NextGenAccess link must not appear connected to any other logos and graphics.
2. The NextGenAccess link must not be used in any way that implies an endorsement by NextGenAccess of any third party or their product or service.
3. You may only use a text hyperlink, and no use of the NextGenAccess logo or NextGenAccess artwork or graphics is permitted without NextGenAccess’s prior written authorization.
4. The NextGenAccess name must not be associated with unfair, deceptive or libelous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies.
5. Your text hyperlink must include the following company name: NextGenAccess. No stylization is permitted.
NextGenAccess, the NextGenAccess service and product names in this site, and the other trademarks, logos, and service marks (collectively the “Trademarks”) used in this site are the property of NextGenAccess or their respective owners and are protected by U.S. and international copyright and trademark laws. Nothing contained in this site should be construed as granting by implication, estoppel, or otherwise, a license or right of use of NextGenAccess or any other Trademark displayed in the site without the prior written permission of NextGenAccess or its respective owner.
Consent to Monitoring and Disclosure
NextGenAccess is under no obligation to monitor the Content and any other information residing on or transmitted to this server. However, anyone using this server agrees that NextGenAccess may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. NextGenAccess reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and NextGenAccess reserves the right to take legal action.
Disclaimer of Liability
The user of this site assumes all responsibility and risk for the use of this server and the internet generally. NextGenAccess and its affiliates disclaim all warranties, representations or endorsements, express or implied, with regard to the content, including but not limited to the documentation and related graphics, accessed from, or via, this server or the internet, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non-infringement. NextGenAccess does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any content, apparatus, product or process disclosed on the server or other material accessible from the server. In no event shall NextGenAccess be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the content, this server or the internet generally.
Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall NextGenAccess or its affiliates, be liable to you or any third parties for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use, inability to use this site, or the results of use of this site, including damages for loss of profits, use of data, lost data, business interruptions, or other intangibles, even if NextGenAccess or a NextGenAccess-authorized representative has been advised of the possibility of such damages. If your use of the materials, information, or services from this site results in the need for servicing, repair, or correction of equipment of data, you assume all costs thereof. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by NextGenAccess. Product and service information is the sole responsibility of each individual vendor. We encourage you to be aware when you leave our site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.
All information posted on the site is subject to change without notice. In addition, these terms and conditions may be changed at any time without prior notice. We will make such changes by posting them on the site. You should check the site for such changes frequently. Your continued access of the site after such changes conclusively demonstrates your acceptance of those changes.
If any provision of this agreement shall be held by a court of law (or other such official) as being unlawful, void, inapplicable or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. NextGenAccess reserves the right to change or modify the terms and conditions applicable to the use of this site at any time without notice to you. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately. Any use of this site shall be deemed to constitute acceptance by you of all then-current terms and conditions. NextGenAccess may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of this site, at any time. NextGenAccess may also impose limits on certain features and services or restrict your access to parts of this site without notice or liability.
These terms and conditions make up the entire agreement between the parties relating to the subject matter herein and shall not be modified by either party except as discussed above.