Conditions of Use

Welcome to our Website!  By using and purchasing product via our Websites, you accept these Conditions.
Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access our Websites or purchase our products.

Change of Terms
NexGen may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately.

Orders and Pricing
NexGen reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on NexGen, and may be adjusted by NexGen at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.

Coupons
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, offer for sale, publish or otherwise share our coupons and promotional codes unless the terms of the promotion expressly allow you to do so. NexGen reserves the right to cancel orders when it has reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud.

Content
Copyright in the documents and material on the Websites is owned by or licensed to NexGen. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on our Websites are either the property of, or used with permission of, NexGen. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the Websites. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in our Websites should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Website without the written permission of NexGen or any third party that may own such trademarks or service marks. NexGen will aggressively enforce its intellectual property rights to the fullest extent of the law.

Submissions
All information, ideas, suggestions, or other communications you transmit to NexGen will be on a non-confidential and non-proprietary basis, subject to the provisions of our Privacy Policy, when relevant. You may also post reviews, comments, photos, and other content, provided that such content is not threatening, obscene, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise objectionable or likely to infringe upon the rights of third parties.
For all of the content that you post or submit to the NexGen, you grant to us a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media.

Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, do not constitute sponsorship, endorsement, or approval by NexGen of the content, policies, or practices of such linked sites or services. NexGen is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATERIAL CONTAINED IN THE NEXGEN WEBSITES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, NEXGEN MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL’S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE NEXGEN WEBSITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NEXGEN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR OFFERED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES WILL NEXGEN  OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT SOLD OR PROVIDED THROUGH THE NEXGEN WEBSITE, EVEN IF NEXGEN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEXGEN’S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

Indemnification
You agree to defend, indemnify, and hold harmless Nexgen and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions, your use of the Websites, or your purchase and use of any Nexgen product.

Miscellaneous
These Conditions contain the entire understanding of you and NexGen with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and NexGen with respect to the subject matter hereof. These Conditions will be governed by and construed in accordance with the internal laws of the State of Florida without regard to conflict of laws principles. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of Florida, Hillsborough County, or of the U.S. District Court for the Middle District of Florida, Tampa Division, and you consent to the personal jurisdiction and venue of such courts.