Terms of Use

These terms of use ( “Terms of Use”) apply to the website of New Generation Computing, Inc. (the “Company”) and all products, services, resources, information, materials and other content available on the website (collectively, the “Website”).

By accessing the Website, you have agreed to be bound by and comply with these Terms of Use. Your use of certain resources made available on the Website or your participation in certain transactions on the Website may be subject to additional terms and conditions, which we will make available to you prior to or at the time you access these resources or conduct these transactions.

We reserve the right to change these Terms of Use at any time in our sole discretion and without notice. We recommend that you review these Terms of Use periodically to ensure you are aware of any changes. Your continued use of the Website signifies your acceptance of any changed Terms of Use.

If you do not agree with these Terms of Use, your sole remedy is to discontinue your use of the Website.

Links

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and their design, selection and arrangement), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, or other laws.

Disclaimer of Warranties

EXCEPT AS MAY BE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND THE COMPANY, THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE OR OTHER DOCUMENTS REFERENCED BY OR LINKED TO THE WEBSITE.

IN PARTICULAR, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED FROM THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT ANY ERRORS WILL BE CORRECTED.

Limitation of Liability

NEITHER THE COMPANY NOR OUR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, AND DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY PRODUCTS OR SERVICES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the disclaimer of certain implied warranties or the limitation or exclusion of certain liabilities, some or all of the foregoing may not apply to you.

General

If any provision of these Terms of Use is held to be wholly or partially unenforceable for any reason, such unenforceability shall not affect the remainder of these Terms of Use, which will remain in full force and effect.

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Last updated November 14, 2018.