TERMS AND CONDITIONS
This website is owned and operated by NextGen Septic, LLC (NextGen). These Terms set forth the terms and conditions under which you may use our website and digital services as offered by us. Your use of NextGen Web site properties (this “Site”) constitutes your agreement to all such terms, conditions and notices. We reserve the right to modify these terms from time to time at our sole discretion.
Your access and use of this Site are subject to all applicable international, federal, state and local laws and regulations.
This Site, including images, text, audio and other components therein ("Materials") are copyrighted materials owned by NextGen and protected by worldwide copyright laws and treaty provisions. Elements of this Site are also protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. You may not use, copy, reproduce, modify, publish, upload, post, transmit, or distribute Materials and elements of this Site in any way without NextGen’s expressed prior written permission. These Materials and elements include, but are not limited to, names, trademarks, logos, graphics, sounds and images. Except as expressly provided herein, NextGen does not grant any express or implied right to users under any patents, copyright, trademarks, or trade secrets.
THIS SITE IS DISTRIBUTED ON AN "AS IS" BASIS. NEXTGEN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THIS SITE. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXTGEN SEPTIC, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND ACCURACY. FURTHER, NEXTGEN DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF COMPUTER VIRUSES.
UPDATES AND ERRORS
NEXTGEN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD BE OUTDATED OR CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. NEXTGEN AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. NEXTGEN HAS NO DUTY TO UPDATE THIS SITE OR THE CONTENT HEREOF AND SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.
YOU AGREE THAT NEXTGEN AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF NEXTGEN WAS MADE AWARE OF THE POSSIBLITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER´S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOUR INABILITY TO ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. NEXTGEN CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE. FURTHERMORE, YOU AGREE TO INDEMNIFY NEXTGEN AGAINST LIABILITY FOR ANY AND ALL USE OF THE SITE.
LIMITATION OF LIABILITY FOR SERVICES PROVIDED BY DEALERS
YOU UNDERSTAND THAT NEXTGEN MAY PROVIDE YOU WITH INFORMATION ABOUT OR LINKS TO DEALERS WHO SELL AND/OR SERVICE NEXTGEN PRODUCTS IN A CERTAIN GEOGRAPHIC AREA. NEXTGEN HEREBY DISCLAIMS ANY LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY DEALER IDENTIFIED ON THIS SITE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH DEALERS AND YOU HEREBY EXONERATE NEXTGEN FROM ANY LIABILITY WITH RESPECT TO THE SAME.
IF YOU ARE A NEXTGEN CUSTOMER, PLEASE REVIEW THE WARRANTY INFORMATION PROVIDED BY NEXTGEN AT TIME OF SYSTEM INSTALLATION FOR DETAILS ON THE WARRANTY PROVIDED BY NEXTGEN FOR ITS PRODUCTS.
CONFIDENTIALITY OF USER COMMUNICATIONS
Except as required by law and in accordance with NextGen’s Privacy Statement, NextGen will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to NextGen. Users should be aware that sites, which are linked to from this Site, may contain confidentiality provisions that differ from the provisions provided herein. NextGen is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. NextGen does not knowingly collect personal information regarding children.
JURISDICTION AND VENUE
This Site is controlled and operated by NextGen from its offices within the United States of America. Any claim relating to this Site shall be governed by the internal substantive laws of the United States and the State of Illinois. You and NextGen agree to submit to the personal and exclusive jurisdiction of the courts located within Hamilton County in the State of Ohio. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these terms and conditions must be filed within one (1) year after such claim or cause of action arose.
LINKED INTERNET SITES
NextGen prohibits caching, unauthorized hypertext links to this Site and the framing of any materials available through this Site. NextGen reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the contents of any other Internet sites linked to this Site. Access to any other Internet sites linked to this Site is at your own risk.
You should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. NextGen is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
VIOLATION OF TERMS AND CONDITIONS
NextGen reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to this Site.
NextGen operates this Site and reserves the right to change these terms and conditions at any time and from time to time without notice. Changes in these terms and conditions will be effective upon posting or as otherwise specified by NextGen. The failure of LiftMaster to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section titles herein are for convenience only and have no legal or contractual effect.
If you have any questions regarding these terms and conditions, or the Site, please contact us at firstname.lastname@example.org or by mail at 1776 Mentor Avenue, Ste 400E, Cincinnati, Ohio 45212.