TERMS OF USE

Last Revised: August 23, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING THIS SITE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE OR MOBILE APPLICATION.

 

Welcome to this Site and/or mobile application, owned by Family Business Enterprises, Inc., its subsidiaries or affiliated companies (with its affiliates, “FBE”, “we” or “us”).  We are providing this Site or mobile application (including linked/connected Sites and their subdomains, mobile applications, or online services, collectively, this “Site”) as a service to those who wish to obtain information about us and our services (“User(s)” or “you”).  Please review the following rules that govern your use of this Site.  By using this Site you agree to be bound by the terms and conditions set forth below, our Privacy Policy (http://www.nxtgennexus.com/privacy-policy/) and any disclaimers or other terms and conditions that appear elsewhere on this Site (collectively, the “Terms of Use”).  Your use of this Site and the NxtGen Network Service (the “Service”) constitutes your agreement to follow and be bound by the Terms of Use.  You are responsible for reading and understanding these Terms of Use.  If you do not agree to be bound by the Terms of Use, or do not understand these Terms of Use, you are not authorized to access this Site.  We may revise the Terms of Use at any time for various reasons, and as a result we recommend that you visit these pages periodically in order to review the Terms of Use.  Although you are not required to review the Terms of Use each time you access this Site, your act of accessing this Site, including without limitation any page(s) that constitute a part of this Site, and/or your act of purchasing our products, nonetheless binds you to the Terms of Use.

 

  1. Proprietary Rights. Unless otherwise noted, all written and/or other materials that are part of this Site, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.  Except as provided in Section 2 below or authorized or licensed to User in writing, User shall not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part, with the FBE’s prior written consent.  All Content is copyrighted under United States and international copyright laws and (as between User and FBE only) FBE owns or has the right to use, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of all Content.  The trademarks, logos, tradenames and other marks on this Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission of FBE, and, as such, may not be reproduced, copied, or manipulated in any manner without the express written approval of the trademark owner.  You may provide a hyperlink to this Site and individual records without the prior consent of FBE, but such hyperlinks must display the relevant page in the same form as this Site, without amendment or framing.

 

  1. Your Use of this Site.

 

  1. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on this Site or transmit to other Users, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post on this Site or as part of the Service, or transmit to FBE or any other User (either on or off this Site), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).  You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.  You understand and agree that FBE may, but is not obligated to, monitor or review any Content you post on this Site or as part of the Service.  FBE may delete any Content, in whole or in part, that in the sole judgment of FBE violates this Agreement or may harm the reputation of this Site or FBE.By posting Content on this Site or as part of the Service, you automatically grant to FBE, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, worldwide license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content; (ii) prepare derivative works of the Content or incorporate the Content into other works; and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by FBE will not infringe or violate the rights of any third party.  By giving FBE your email address, you consent to our using it in accordance with our Privacy Policy.
  2. In addition to the types of Content described in Section 2.a. above, the following is a partial list of the kind of Content that is prohibited on this Site. You may not post, upload, display or otherwise make available Content that:
    • that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • is or advocates harassment or intimidation of another person;
    • requests money from, or is intended to otherwise defraud, other Users of this Site or Service;
    • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
    • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
    • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
    • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
    • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
    • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
    • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
    • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
    • disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other Users are able to type, or otherwise negatively affects other Users’ ability to engage in real time exchanges;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or disseminates another person’s personal information without his or her permission; and
    • publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

FBE reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from this Site or Service and terminating or suspending access to this Site of such violators.

  1. Your use of this Site and Service, including all Content you post, must comply with all applicable laws and regulations. You agree that FBE may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use this Site in the future; or (v) protect the rights, property or personal safety of FBE or any other person.
  2. You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your User profile that may be viewed by other Users. You agree that any Content you place on this Site to be viewed by other Users may be viewed by any person visiting this Site or participating in the Service.
  3. User agrees not to tamper with this Site, misrepresent User’s identity, conduct fraudulent or unauthorized activities in connection with this Site, use this Site for any purpose that is unlawful or prohibited by these Terms of Use, or use agents to do any of the same. Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation (i) accessing data not intended for such User or which User is not authorized to access; (ii) using this Site for unintended purposes or trying to change the behavior of this Site; (iii) attempting to probe, scan or test the vulnerability of this Site; (iv) attempting to interfere with other Users’ access to this Site, including without limitation via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging communications on behalf of this Site (impersonating this Site), or to this Site (impersonating as a legitimate User); or (vi) sending unsolicited and unauthorized e-mail on behalf of FBE or its affiliates, including promotions and/or advertising of any products or services.  You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site .  You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search or remove Downloadable Content from this Site.  If and when requested, you agree to promptly provide true, accurate and complete User information to FBE regarding your use of this Site.
  4. Any rights not expressly granted by these Terms of Use are reserved by FBE.
  5. INTERACTIONS WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT FBE CURRENTLY DOES NOT CONDUCT BACKGROUND CHECKS OR SCREENINGS ON ITS USERS.  FBE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS.  FBE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.  FBE RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

FBE is not responsible for the conduct of any User.  We reserve the right, but have no obligation, to monitor disputes between you and other Site Users.  FBE shall have no liability for your interactions with other Users, or for any User’s action or inaction.  You agree to take all necessary precautions in all interactions with other Users, particularly if you decide to communicate outside of this Site or meet in person, or if you decide to send money to another Site User.  You understand that FBE makes no guarantees, either express or implied, regarding your compatibility with individuals you communicate with or meet through this Site.  You should not provide personal or financial information (i.e., your credit card or bank account information) publicly, or otherwise send money, to others that you have only met through this Site, and FBE will not be responsible for any adverse consequences that may result should you do so.

 

  1. NO WARRANTIES; LIMITATION OF LIABILITY. YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT, IS AT YOUR SOLE RISK.  SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS.  WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  IN NO EVENT SHALL WE AND/OR OUR AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, GENERAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE (INCLUDING THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES), THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR PORTALS PROVIDED THEREIN (E.G., “NXTGEN NETWORK”), OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF FBE OR ANY OF ITS AGENTS OR EMPLOYEES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

 

  1. FBE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF; (D) YOUR USE OF THIS SITE; OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

 

  1. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN NO EVENT SHALL FBE’S AGGREGATE LIABILITY HEREUNDER EXCEED THE SUM OF $100.00.  THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION AND CLAIMS IN THE AGGREGATE, AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

  1. Children’s Privacy. We are committed to protecting the privacy of children.  This Site is intended for use by individuals 13 years of age or older.  This Site is not directed to children under the age of 13.  Users under the age of 13 must use the assistance of a parent or guardian before they use or visit this Site.  You agree to contact us immediately if you have knowledge that a child under the age of 13 has used this Site or submitted Personal Information (as described in our Privacy Policy) to us, via this Site or otherwise.

 

  1. Registration and Account. In order to participate in certain areas of this Site, you may need to register for an account.  You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify FBE if you discover or otherwise suspect any security breaches relating to this Site; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

 

  1. Errors, Corrections and Changes. Although FBE attempts to ensure the integrity and accurateness of this Site, FBE makes no guarantees whatsoever as to the correctness or accuracy of this Site.  Occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions, and will not be responsible for any damage that may occur as a result of such error, inaccuracy or omission, or correcting or attempting to correct the same.  Additionally, we reserve the right to change or update information at any time without prior notice.

 

  1. Information and Content You Submit to Us. Except as described in our Privacy Policy, by using this Site, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using this Site is not confidential.  By submitting any solicited or unsolicited information using this Site, you grant to FBE and its affiliates an irrevocable, perpetual, non-exclusive, worldwide license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.

 

  1. Indemnity. You agree to indemnify, defend and hold harmless FBE, its agents, employees, partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including reasonable attorneys’ fees incurred) related to your violation of these Terms of Use or in connection with your use of this Site.

 

 

  1. Third Party Sites and Links. This Site may contain links to other sites that are not under our control and/or are independent from this Site (“Third-Party Site(s)”).  We provide links solely for the convenience and information of our Users.  We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site, its content, or its use.  A link to a Third-Party Site on this Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site.  We make no representation or warranty as to any products or services offered on any Third-Party Site.  The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Terms of Use that apply to your use of this Site.  Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive or damaging nature.

 

  1. Notice and Takedown Procedures; and Copyright Agent. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting FBE’s copyright agent (identified below) and providing the following information:

 

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

 

  1. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

 

  1. Your name, address, telephone number and (if available) e-mail address.

 

  1. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

 

  1. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

  1. A signature or the electronic equivalent from the copyright holder or authorized representative.

 

FBE’s agent for copyright issues relating to this web site is as follows:

 

Family Business Enterprises, Inc.

9854 National Blvd., Suite 203

Los Angeles, CA 90034

 

In an effort to protect the rights of copyright owners, FBE maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Site who are repeat infringers.

 

  1. Applicable Law and Other Terms.  This Site is created, operated and controlled by FBE in the State of California, USA.  User agrees that FBE and this Site shall be deemed solely based in the State of California and this Site shall be deemed a passive Site that does not give rise to personal jurisdiction over FBE, either specific or general, in jurisdictions other than the State of California.  These Terms of Use are to be governed by and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws.  Any civil action, claim, dispute or proceeding arising out of or relating to these Terms of Use shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Los Angeles, California.  You waive any jurisdictional, venue, or inconvenient forum objections to such forum.  THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS.  BY USING THIS SITE YOU AGREE TO STRICTLY ABIDE BY THESE RESTRICTIONS.  You and FBE shall select the arbitrator, and if you and FBE are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator.  User and FBE each agree to bear its own attorneys’ fees and costs in any arbitration proceeding.  Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon User and FBE and each’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.  Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and FBE, jurisdiction over and venue of any suit shall be exclusively in the state or federal courts sitting in Los Angeles County, California.  Notwithstanding the foregoing arbitration requirement, the parties may apply to such courts for immediate injunctive relief against the breach or threatened breach of these Terms of Use, in addition to any other legal remedies that may be available.

 

  1. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remainder of the Terms of Use shall continue in effect, then, to the extent permissible under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.  Unless otherwise specified herein, these Terms of Use constitute the entire agreement between User and FBE with respect to this Site, and it supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between User and FBE with respect to this Site.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  In its sole discretion, FBE may modify these Terms of Use by posting a revised version on this Site and you agreed that each visit by you to this Site is a new transaction governed by the then terms of use of this Site at that time.

 

© 2017 Family Business Enterprises, Inc.  All rights reserved.

 

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