NexGen Cables welcomes you to its website NexGen Cables.com (“Site”). The following terms and conditions govern your use of this Site. Please take a moment to review them. When you view or use this Site you agree, on behalf of yourself and any company or organization you represent (together, “You” or “Your”) to follow and be bound by these Terms and Conditions of Use. NexGen Cables reserves the right at any time to modify, alter or update these Terms of Use. Your use of the Site following any changes means that You agree to follow and be bound by the terms as changed.

Site Content and Use.

The design of the Site, the Site as a whole and all materials contained in or appearing on the Site (the “Contents”), as well as the selection, organization, and arrangement of the Contents, are subject to protection under the laws of the United States of America and international treaties. Except as indicated, this Site and its Contents are owned and licensed by NexGen Cables. You are permitted to electronically copy and print hard copies of pages from this Site solely for your use in obtaining information regarding NexGen Cables products and in generating and facilitating orders of NexGen Cables products. Any such copies must bear the copyright notice included on each web page. Any other use of this Site or its Contents is strictly prohibited unless the prior written permission of NexGen Cables is obtained. This Site may contain typographical errors or inaccuracies and may not be complete or current. NexGen Cables reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to descriptions of the products and services being offered, and we apologize for any inconvenience. NexGen Cables may also add to, change, move, and delete portions of our Site from time to time and without notice.

All trademarks, service marks, and logos (the “Marks”) appearing on the Site are proprietary to NexGen Cables, except as otherwise indicated. Use or misuse of these Marks, without advance written consent from NexGen Cables, or the owner, is expressly prohibited. You cannot use any Mark in any manner that is likely to cause confusion among customers as to source or sponsorship, or in any manner that disparages, tarnishes, dilutes, or discredits NexGen Cables. Any rights not expressly granted to you are reserved to NexGen Cables.

User Comments and Other Submissions.

Your comments and feedback regarding our Site, products and services are welcome. We do not accept confidential or proprietary information. Therefore, all comments, feedback, suggestions, ideas or other submissions (collectively the “Comments”) disclosed, submitted or offered to NexGen Cables are submitted with the express understanding that You are granting NexGen Cables an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such comments by any means now known or hereafter to become known, for any purpose whatsoever without any obligation to pay You any compensation or to respond or otherwise acknowledge receipt of Your Comments. You agree that Your Comments will not violate the rights of any third-party including copyright, trademark, privacy, other personal or proprietary rights, nor contain any libelous, otherwise unlawful, abusive or obscene material.

Links to Other Sites.

This Site may include links to other sites maintained by third parties (“Linked Sites”). Any Linked Sites are independent from NexGen Cables, which has no control over or responsibility for the information provided, the accuracy of such information, or activities undertaken on the Linked Sites. These links are provided solely for Your convenience. Furthermore, the inclusion of Linked Sites does not imply an endorsement by NexGen Cables of the Linked Sites, unless otherwise stated. You will need to make your own independent decisions regarding the information presented and Your interaction with such Linked Sites. If you wish to link to this Site, you may link to the Home Page only. Links to any other web page(s) on this Site may not be made without the prior written approval of NexGen Cables. Framing of any web page of this Site is prohibited.

Disclaimer, Limitation of Liability, Indemnity.

THIS SITE AND ALL OF ITS CONTENTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SYSTEM INTEGRATION, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE. BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR SUCH USE. NexGen Cables DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THIS SITE OR ITS SERVER ARE FREE FROM VIRUSES AND OTHER HARMFUL ELEMENTS. NexGen Cables DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. In no event will NexGen Cables be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if NexGen Cables has been advised of the possibility of such damages. You agree to indemnify, defend and hold harmless NexGen Cables its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses including reasonable attorneys’ fees regarding, resulting or arising out of Your use of this Site.

Use of the Internet is solely at Your own risk and is subject to all applicable local, state, national and international laws and regulations. NexGen Cables will not be liable for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Privacy.

Please see our Privacy Policy, which is incorporated into these Terms and Conditions by reference, as if fully set forth herein.

E-Mail.

You agree that NexGen Cables may send You electronic mail to advise You of changes or additions to this Site, about any of NexGen Cables’ products, or for such other purposes as NexGen Cables deems appropriate. If, at any point, you do not wish to receive further e-mails, please contact us at sales@nexgenCables.com.

Miscellaneous.

You agree that all proceedings relating to this Site, and these Terms and Conditions of Use, will be brought only in the state or federal courts located in California, U.S.A. and You and NexGen Cables do hereby consent to the exclusive jurisdiction and venue of such courts. If You access this Site from any other jurisdiction, You do so at Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The use of web crawlers, spiders, robots or automated dial-in or inquiry devices is prohibited. This Agreement is effective unless and until terminated, at any time, by either You or NexGen Cables. NexGen Cables may terminate this Agreement immediately without notice and deny You access to the Site if, in our sole discretion, You fail to comply with any term or condition of this Agreement.

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