1. AUTHORIZED USERS Access to certain features of our Services and certain Sites are limited to authorized users (“Authorized Users”) who have registered with us to create a user account (“User Accounts”). Authorized Users may be subject to additional terms specific to those Sites or Services. If registration is required, you agree that all information you provide will be accurate, current and complete, and you will keep such information up to date. You are responsible for maintaining the confidentiality and security of your user name and password and are fully responsible for all activities that occur through your User Account. You agree to notify us immediately of any breach of security or unauthorized use of your User Account. We reserve the right to reject or otherwise terminate access for any user at any time.
3. LIMITATIONS ON USE Use of the Content on this Site is limited to your internal lawful business purposes. You may not reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Site or Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or Content without our prior written permission. You may not copy, download, perform, modify, edit, alter, enhance, reproduce, republish, distribute, display or transmit all or any portion of the Site in any manner, except to the extent expressly permitted by these Terms. You may not use or otherwise export or re-export the Site or any portion thereof, the Content or any software available on or through the Site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Site or its Content is prohibited. You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software. You may not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You may not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. You may provide links to this Site provided you do so in a fair and legal way. You may not remove or obscure, by framing, mirroring or otherwise, any portion of the Site. You will discontinue providing links to the Site if requested by us. You may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link to our homepage in any Site that is not owned by you. We reserve the right to withdraw linking permission without notice.
4. NO LEGAL ADVICE Nothing in the Site is intended to create an attorney-client relationship. The Content of this Site should not be deemed legal advice, and you should not rely on any part of the Site as legal advice related to your particular circumstances.
6. INTELLECTUAL PROPERTY RIGHTS As between NextGen and you, NextGen or its licensors own and reserve all right, title and interest in and to our Site and in the Content published on it, other than the rights explicitly granted to you to use the Services in accordance with these Terms. No title to or ownership of any proprietary rights related to the Site or any of its Content is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by NextGen. In the event that you provide comments, suggestions and recommendations to NextGen with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Site or the Services) (collectively, “Feedback”), you hereby grant to NextGen a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Site or the Services. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Site. We have the right to remove any posting you make on our Site in our sole discretion. The views expressed by other users on our Site do not represent our views or values.
7. TRADEMARKS, ETC. The logos of NextGen and its affiliates, the NextGen app icon and all product names and trade names, regardless of whether they appear with capital letters or with a trademark symbol, and all products denoted with TM, SM or ® are trademarks, trade names, service marks or registered trademarks or service marks of NextGen., its affiliated companies, or its licensors or joint venture partners. Nothing contained on this Site should be construed as granting any license or right to use any trademark displayed on this site without our express written permission or such third party that may own the trademark.
8. THIRD-PARTY CONTENT The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. You understand that the information and opinions in the third-party content are neither endorsed by nor do they reflect the opinions or beliefs of NextGen.
9. MOBILE SERVICES We may offer services that are available via your mobile phone, including, without limitation, the ability to upload content to the Site, blog post, and send and receive messages, instant messages, location information, data transactions and other types of communications that may be developed for the Site (collectively “Mobile Services”). Your mobile carrier’s normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. By providing your cell number upon registering or by using any Mobile Services, you agree that we may communicate with you regarding NextGen, the Services and the Site and other entities, by SMS, MMS, text message, push message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
10. DISCLAIMER OF WARRANTIES The Site is provided on an “as is” and “where is” basis, without any warranty. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, INFORMATION, PRODUCT OR SERVICE CONTAINED ON THE SITE, AND EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. We do not represent or warrant that the Site is error free or free of viruses or other harmful components, or that defects will be remedied. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any part of the Content or Services. We do not guarantee that our Site, or any Content on it, will always be uninterrupted, secure, or provided on an error-free basis, or operate at any particular speed. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We may make improvements and/or changes to features, functionality or Content on the Site at any time. We will not be liable to you if for any reason our Site is unavailable at any time or for any period. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or due to your downloading of any Content from it, or on any Site linked to it. We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind whether in contract, tort, breach of statutory duty, or otherwise, including, but not limited to, direct, indirect, incidental, consequential, special or punitive damages, arising from or in connection with the Site, including, but not limited to, your use of the Site or your inability to use the Site, even if we have previously been advised of the possibility of such damages or such damages were foreseeable. We will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation resulting from your use of the Site. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. EXPORT CONTROL Any software or technology obtained from NextGen through the Services originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from us may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.
14. LOCAL LAWS We control and operate the Site from within the United States and make no representation that the content, services or information is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including, but not limited to, export and import regulations.
15. GOVERNMENT USE If the Service is being acquired on behalf of the United States Government (“USG”), then the following provision applies: This is commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the USG, the use, duplication, reproduction, release, modification, disclosure, or transfer of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the USG, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.