Site Use

These Terms and Conditions apply to your access and use of the NextGen Metrics, Inc. web site (www.nextgenmetrics.com), herein called "the Site".  It includes all the information, content, design, layout, and underlying source code that implements the features of the Site.

By accessing, browsing or using the information, data, or services provided at the Site, you, the User, expressly agree and consent to the Terms and Conditions as described herein.  If the following Terms and Conditions are not acceptable, you must immediately terminate use of the Site.

Users accessing or using the Site are responsible for compliance with all local laws. NextGen Metrics, Inc. may change these Terms and Conditions at any time without notice. Use of the Site subsequent to any change constitutes the User’s acceptance of the change.

The User agrees and understands that NextGen Metrics, Inc. may alter, suspend or discontinue the Site and/or the Services at any time for any reason, without notice, cost or liability. NextGen Metrics, Inc. reserves the right, at its sole discretion and without notice, at any time and for any reason, to suspend or terminate a User’s access to any or all portions of the Site and its Services.

The NextGen Metrics, Inc. site may contain hyperlinks to third party web sites as a convenience for Users and is not intended as an endorsement nor does it represent or imply any warranties in regards to the content of linked sites.  NextGen Metrics, Inc. makes no representations and is not responsible for privacy policies or practices of any linked sites.

All rights and title to the NextGen Metrics, Inc. site and all the information the Site contains including, without limitation, all copyrights, trademarks, service marks and other intellectual property rights, is the property of NextGen Metrics, Inc. or any third party that may own the trademark, service mark, or copyright of material, and is protected by intellectual property laws and international intellectual property treaties. Except as expressly provided in writing by NextGen Metrics, Inc., nothing contained in the Site shall be construed as conferring any license or right, by implication, or otherwise, under copyright or other intellectual property rights.

General use of the site is free. Users must set up an account to access and use any of the paid Services.  As a condition to accessing and using any of the paid Services offered by NextGen Metrics, Inc., Users must accept and agree to the separate Terms of Use described in their Services Contract.

The Services provided on the NextGen Metrics, Inc. site are provided on an "As Is" and "As Available" basis.  NextGen Metrics, Inc. makes no warranties of any kind. Use of the Site and Services are at the sole risk of the User. NextGen Metrics, Inc. disclaims any and all responsibility for any loss, injury, claim, liability, penalty, or damage resulting from use of the Site or the Services offered at the Site.

Under no circumstances shall NextGen Metrics, Inc, or any Officer, Director, Shareholder, Partner, Employee, Subcontractor, Representative, or Agent, be liable to the User or any other person for any direct or indirect damages of any kind.  If the User is dissatisfied with the Site or Services offered at the Site, the Users sole and exclusive remedy shall be for the User to discontinue use of the Site.

These Terms and Conditions shall be governed by the laws of Contra Costa County in the State of California. All actions, claims or disputes arising or relating to the NextGen Metrics, Inc. Site or Services shall be exclusively subject to the jurisdiction of the federal and state courts in Contra Costa County in the State of California.

If you have any questions about the Use of our site or our Privacy Policies, please direct them to: sales@nextgenmetrics.com

NextGen Metrics respects the privacy of each user of this Site. We consider all User information confidential and do our best to maintain it as such.  We will not sell, loan, or give away any User private information to any other companies or third parties unless required by law.

NextGen Metrics Customer Accounts are set up by a Sales Representative and are designed to maintain an access profile based on contracted Products and Services.  Depending on the actual Product and Service contracted, it may be possible to edit, modify, or share information within a Company Work Group.  All collaboration messages, edited reports, or any information entered for the analysis of Customer data at this site is considered private.  It may only be accessed by authorized users and will only be shared with third parties as required by law.