Terms and Conditions

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Next Gen. By accessing our website or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

This agreement covers all interactions with Next Gen, including website usage, service inquiries, consulting engagements, and any related communications. If you do not agree to these terms, you should immediately discontinue use of our website and services.

User Obligations and Responsibilities

1. Legal Compliance

You agree to:

• Comply with all applicable federal, state, and local laws and regulations
• Respect all intellectual property rights, including copyrights, trademarks, and patents
• Refrain from any activity that violates the rights of others
• Use our services only for lawful business purposes
• Not engage in any fraudulent, deceptive, or misleading conduct

2. Accurate Information

When interacting with our services, you must:

• Provide accurate, current, and complete information
• Update information promptly when it changes
• Not impersonate any person or entity
• Not misrepresent your affiliation with any organization
• Maintain the accuracy of business information provided for consulting services

3. Prohibited Conduct

You explicitly agree not to:

• Attempt to gain unauthorized access to our systems, networks, or data
• Use automated tools to scrape or collect data from our website
• Introduce viruses, malware, or other harmful code
• Interfere with or disrupt the integrity or performance of our services
• Reverse engineer, decompile, or disassemble any aspect of our technology
• Use our services to distribute spam or unsolicited communications
• Engage in any activity that could damage our reputation or business interests

4. Content Guidelines

Any content you submit or communicate through our services must not:

• Contain false, misleading, or defamatory information
• Infringe upon intellectual property rights of any party
• Include inappropriate, offensive, or harmful material
• Violate privacy rights or disclose confidential information without authorization
• Promote illegal activities or violate any laws

5. Professional Conduct

In all interactions with Next Gen, you agree to:

• Conduct yourself in a professional and respectful manner
• Honor commitments and agreements made during consultations
• Provide timely responses to reasonable requests for information
• Respect the time and expertise of our team members
• Communicate openly and honestly about project requirements and constraints

Indemnification

You agree to indemnify, defend, and hold harmless Next Gen, its officers, directors, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms and Conditions
• Your violation of any laws, regulations, or third-party rights
• Your use or misuse of our website or services
• Any content you submit or transmit through our services
• Any breach of representations or warranties you've made

This indemnification obligation survives termination of your relationship with Next Gen and applies even after you cease using our services.

Liability Limitations and Disclaimers

1. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, NEXT GEN PROVIDES ITS WEBSITE AND GENERAL INFORMATION "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability or fitness for a particular purpose
• Warranties regarding accuracy, completeness, or reliability of content
• Warranties that the website will be uninterrupted, secure, or error-free
• Warranties regarding results from using our services

Note: Specific service warranties may be provided in individual consulting agreements.

2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXT GEN BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Costs of procurement of substitute services
• Any damages arising from your use of or inability to use our services

Our total liability for any claims arising from or related to these terms or your use of our services shall not exceed the amount paid by you to Next Gen in the six months preceding the claim, or $100 if no payments were made.

3. Technology Limitations

Given the nature of emerging technology research and consulting:

• Technology assessments reflect knowledge available at the time of analysis
• Rapid changes in technology landscapes may affect recommendations
• Prototype results do not guarantee commercial implementation success
• External factors beyond our control may impact project outcomes
• Market conditions and technological feasibility can change unexpectedly

4. Third-Party Services and Links

Our website may contain links to third-party websites or reference third-party services. We do not endorse, warrant, or assume responsibility for any third-party content, products, or services. Your use of third-party websites is at your own risk and subject to their terms and conditions.

5. Force Majeure

Next Gen shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of nature, war, terrorism, labor disputes, government actions, pandemics, or technical failures of third-party systems.

Dispute Resolution

1. Informal Resolution

Before initiating formal proceedings, parties agree to attempt resolution through good faith negotiation. Contact us with a detailed description of your concern, and we'll work together to find a mutually acceptable solution. Most disputes can be resolved through direct communication.

2. Mediation

If informal resolution fails, parties agree to participate in mediation before pursuing arbitration or litigation. Mediation will be conducted by a mutually agreed upon mediator in Santa Clara County, California. The costs of mediation shall be shared equally unless otherwise agreed.

3. Binding Arbitration

If mediation is unsuccessful, disputes shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Key terms:

• Arbitration location: Santa Clara County, California
• Single arbitrator unless parties agree otherwise
• Arbitrator's decision is final and binding
• Each party bears its own legal fees unless arbitrator decides otherwise
• Proceedings shall be confidential

4. Class Action Waiver

You agree that disputes must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding. Class arbitrations and class actions are not permitted.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law.

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Santa Clara County, California. You waive any objection to venue in such courts based on inconvenient forum or any other grounds.

If you are accessing our services from outside the United States, you are responsible for compliance with local laws in your jurisdiction.

General Provisions

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Invalid provisions shall be modified to the minimum extent necessary to make them valid and enforceable while preserving the parties' original intent.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Next Gen regarding your use of our website and services. They supersede all prior or contemporaneous communications and proposals, whether oral or written.

Waiver

Our failure to enforce any provision of these terms does not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Next Gen.

Assignment

You may not assign or transfer these Terms and Conditions or any rights or obligations hereunder without our prior written consent. We may assign these terms in connection with a merger, acquisition, or sale of assets, or by operation of law, without restriction.

Modifications

We reserve the right to modify these Terms and Conditions at any time. Material changes will be indicated by updating the "Last Updated" date and, where appropriate, notifying users through our website or email. Continued use of our services after changes constitutes acceptance of modified terms.