PLEASE READ OUR TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
THESE TERMS & CONDITIONS ARE AN ENFORCEABLE CONTRACT BETWEEN US THAT AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER, WHICH IS SET FORTH BELOW.
RESTRICTIONS ON THE USE OF MATERIALS
This site is owned and operated by Nextphase, Inc, (referred to as “we,” “us,” or “our” herein). No material from this site or any Web site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download and print one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. You own the medium on which the Software is recorded, but we retain all rights, title, and ownership to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
We greatly appreciate and value your feedback on our services and products. However, we request that you be specific in your comments on those services and products, and not submit any creative ideas, inventions, suggestions, or materials for our consideration, other than submissions for contests per the rules specified for the individual contests. We do not accept such materials other than those we specifically request. All unsolicited submissions shall be deemed and considered to be our property.
You shall not upload to, distribute through, or otherwise publish through this site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violates any law. You shall not communicate through this site for any commercial purposes, or solicit, promote, advertise any goods or services.
This site is controlled and operated by Nextphase, Inc, from our offices in the state of Utah. We make no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, to the extent applicable. Software from this site is further subject to United States export controls.
These terms shall be governed by and construed in accordance with the laws of the state of Utah.
YOU FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY, AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHERWISE TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.
To the extent that any other provision of the Terms & Conditions is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.
You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state courts located in Salt Lake County, Utah or federal courts located in the District of Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from our site and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. The terms will terminate immediately without notice and in our sole discretion if you fail to comply with the provisions herein.
THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from our site from third parties not associated with us. We cannot and will not be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
WITH REGARD TO ANY PRODUCTS PURCHASED FROM US THROUGH THE SITE, EXCEPT TO THE EXTENT THAT SUCH WAIVER IS UNENFORCEABLE UNDER APPLICABLE CONSUMER PROTECTION LAWS, WE EXPRESSLY DISCLAIM, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OR MISAPPROPRIATION OF ANY RIGHT, TITLE OR INTEREST OF COMPANY OR ANY THIRD PARTY. YOU AGREE THAT EXCEPT TO THE EXTENT THAT ANY SUCH WAIVER IS UNENFORCEABLE UNDER APPLICABLE CONSUMER PROTECTION LAW, WE SHALL HAVE NO (AND CUSTOMER HAS FULL AND EXCLUSIVE) LIABILITY WITH RESPECT TO ANY PRODUCT LIABILITY CLAIM, DAMAGE TO PERSON OR PROPERTY AND/OR INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN STATEMENT OR REPRESENTATION BY US, OUR AGENTS OR EMPLOYEES SHALL CONSTITUTE OR CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY HEREUNDER. IF YOU RESIDE IN THE STATE OF NEW JERSEY, THESE WAIVERS DO NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.