NexGen Terms of Use


	Welcome to NEXGENHOMES.NET. Your use of NEXGENHOMES.NET is expressly conditioned on your acceptance of the following Terms of Use (the "Terms of Use"). These Terms of Use set forth the terms and conditions which apply to your use of the NEXGENHOMES.NET Web site, the content displayed on the Web site, and any NEXGENHOMES.NET authored Web sites. By using this site, you agree to abide by these Terms of Use. NEXGENHOMES.NET reserves the right to modify these Terms of Use at any time. If you do not comply with these Terms of Use at all times when using this site, NEXGENHOMES.NET reserves the right to deny or restrict your access to this site. The terms and conditions of these Terms of Use shall apply regardless of the means by which the NEXGENHOMES.NET Web site was accessed, including, but not limited to, through the URL address, electronic mail, or links from other sites. 1. USE OF NEXGENHOMES.NET You agree to use NEXGENHOMES.NET only for purposes that are lawful in every country and jurisdiction in the world and all subdivisions thereof. NEXGENHOMES.NET neither endorses the contents of any User communications nor assumes responsibility for any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable material contained therein, any infringement of third party intellectual property rights arising therefrom, or any crime facilitated thereby. Any attempt to gain unauthorized access to NEXGENHOMES.NET's computer systems is prohibited. Not all areas of NEXGENHOMES.NET may be available to you. You shall not interfere with any other User's use and enjoyment of NEXGENHOMES.NET or another entity's use and enjoyment of similar services. NEXGENHOMES.NET may terminate any and all information, communication(s), and/or posting(s), at any time, without notice, for conduct that violates these Terms of Use or other policies or guidelines set out by NEXGENHOMES.NET elsewhere on this Web site. NEXGENHOMES.NET may delete any and all information, communication(s), and/or posting(s) for online conduct that NEXGENHOMES.NET believes is harmful to other Users, the business of NEXGENHOMES.NET, its affiliates, or other third-party information providers. 2. USE OF CONTENT PROHIBITED NEXGENHOMES.NET prohibits the use, copying, distribution, transmission, display, performance and exploitation in any form or manner of any and all copyrighted or trademarked content on this Web site (which includes, without limitation, any and all articles, text, graphics, logos, advertisements, video clips, music clips, still photographs and software)(collectively, "Content") without NEXGENHOMES.NET's express prior written consent. 3. NEXGENHOMES.NET TRADEMARKS The NEXGENHOMES name and logo are trademarks and may not be used or copied in any manner without the express prior written consent of NEXGENHOMES.NET. All other trademarks appearing on this Web site are the trademarks of their respective owners. 4. REGISTRATION To access certain areas or features of this Web site, you may be asked to register as a member of NEXGENHOMES.NET and to provide NEXGENHOMES.NET with certain information about yourself. NEXGENHOMES.NET uses this information to improve this site and to create content that is more beneficial to our Users. NEXGENHOMES.NET maintains the privacy of your information as set forth in our Privacy Policy. You are responsible for providing NEXGENHOMES.NET with true and accurate information about yourself as requested. If you provide any information that is untrue or inaccurate, or which NEXGENHOMES.NET reasonably believes is untrue or inaccurate, NEXGENHOMES.NET reserves the right to suspend or terminate your membership. 5. USE OF COOKIES NEXGENHOMES.NET may use cookies on certain pages of the NEXGENHOMES.NET Web site to help us track our traffic. Cookies allow NEXGENHOMES.NET to store your username for you so you won’t have to keep re-entering it during a session. Cookies are stored on the hard drive of your computer, not at NEXGENHOMES.NET. You are always free to set your computer browser to decline our cookies and you can delete cookies on your computer. However if you do this, you may find that some areas of the NEXGENHOMES.NET Web site may not work properly and you will be required to re-enter your password more frequently during a session. The use of cookies is an industry standard and you will find them at most major Web sites. 6. NEXGENHOMES.NET’S USE OF EMAIL & EMAIL ADDRESSES NEXGENHOMES.NET collects email addresses from visitors in order to: i. allow participation in Forums, GuestBooks, Message Boards, and Chat Rooms ii. advise users of news and special events iii. send confirmation and/or status messages 7. RULES OF CONDUCT FOR FORUMS, GUESTBOOKS, MESSAGE BOARDS AND CHAT ROOMS You are solely responsible for any and all Content posted by you on any NEXGENHOMES.NET Forum, Guestbook, Message Board, or Chat Room. You also are solely responsible for, and assume any and all risks associated with, reviewing and/or using any Content posted on Forums, Guestbook, Message Boards, or Chat Rooms. NEXGENHOMES.NET does not endorse, verify, vouch for, or control any Content posted on this Web site by Users, and does not guarantee the accuracy or appropriateness of any Content posted by Users. Users may be held legally liable for any Content posted to this Web site, and may be held legally accountable if the Content they post include(s) material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or the proprietary right(s) of any person or entity. NEXGENHOMES.NET reserves the right to monitor any of its Forums, Guestbooks, Message Boards, and Chat Rooms at any time to ensure that these rules are being observed. By using NEXGENHOMES.NET Forums, Guestbooks, Message Boards, and/or Chat Rooms, you may be exposed to Content that is offensive, indecent or otherwise objectionable to you. If you believe that any such Content violates these Terms of Use, we encourage you to contact us at contact@NEXGENHOMES.NET. NEXGENHOMES.NET reserves the right to modify or remove anything submitted, posted, or uploaded to NEXGENHOMES.NET, at any time for any reason without prior notice. Postings which violate these Terms of Use may be deleted upon discovery and NEXGENHOMES.NET reserves the right to terminate or restrict access to this site of the responsible User(s). However, under no circumstances will NEXGENHOMES.NET be liable for any errors, omissions, or offensive material contained in any Content posted by Users, or for any loss, liability, claim, damage, or expense (including reasonable attorney's fees) arising from or in connection with your use of any Content posted by any Users. You agree not to collect or store personal data about other users or members, or to submit any forum posting, guestbook entry, message board posting, e-mail, and/or chat room statement that contains or provides links to: 1. Any material that is unlawful, threatening, abusive, harassing, tortuous, defamatory, invasive of Privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, racially, ethnically, or otherwise objectionable (including, but not limited to, posting the private information of other parties); 2. Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws; 3. Any material that violates or infringes in any way upon the rights of others, including, without limitation, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights; 4. Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity; 5. Any false "header" (the legend attached to e-mail messages to show the message's point of origin, route, and destination), falsely configured e-mail or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded, posted, e-mailed or otherwise transmitted through NEXGENHOMES.NET. Headers of e-mail messages may not be removed or altered to conceal e-mail addresses; 6. Any Content that you do not have a right to transmit under any law or any contractual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information); 7. Any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, ), including, without limitation, distribution of unsolicited e-mail using an NEXGENHOMES.NET address or containing any references to NEXGENHOMES.NET ("spam"), "junk mail," "chain letters," "pyramid schemes," or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list. 8. Any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment; 9. Any material that constitutes "stalking" or any other form of harassment of any member or User of NEXGENHOMES.NET or any other person; 10. Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law; 11. Any raffle, contest, or game requiring payment of a fee or other consideration by participants; 12. Any hate propaganda or hate mongering, swearing, or fraudulent material or activity; 13. Any Content that advertises or promotes any product or service; 14. Any Content that solicits funds, advertisers or sponsors; 15. Any Content that disrupts the normal functioning of the Forum, Guestbook, Chat Room or Message Board; or 16. Any Content or activity that NEXGENHOMES.NET, in its sole discretion, deems inappropriate for its Forums, Guestbooks, Message Boards, the National Literary Calendar, and/or Chat Rooms. 8. LINKS TO THIRD PARTIES NEXGENHOMES.NET contains hyperlinks to external locations (e.g., other Web sites) controlled by third parties. These links are provided solely as a convenience to you, and do not imply an endorsement by NEXGENHOMES.NET or that any affiliation exists between NEXGENHOMES.NET and the linked Web site. You agree that NEXGENHOMES.NET is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. NEXGENHOMES.NET has not necessarily reviewed, and does not necessarily endorse, Content at linked Web sites, and is not responsible for such Content or for your use of such Content. You acknowledge that some external locations may contain material or communications that are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that NEXGENHOMES.NET shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective Web site administrator, system operator, or Web master. 9. COLLECTION OF INFORMATION IN www.NEXGENHOMES.NET By providing NEXGENHOMES.NET with or by entering author or other information to the NEXGENHOMES.NET Web site, you hereby grant to NEXGENHOMES.NET the non-exclusive rights to market, display, and license this information in any electronic format throughout the world. NEXGENHOMES.NET and its successors and assigns shall be entitled to unrestricted use of the author information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of this information. Please be advised that NEXGENHOMES.NET maintains the confidentiality, security, and integrity of personal information we obtain from our users. We will not give out, display, or license, any personal contact information, but will use this information solely for index maintenance and customer services purposes. 10. DISCLAIMER THE NEXGENHOMES.NET SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. NEXGENHOMES.NET DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS Web SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. NEXGENHOMES.NET DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH NEXGENHOMES.NET. NEITHER NEXGENHOMES.NET, NOR ITS AFFILIATES, THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY NEXGENHOMES.NET. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NEXGENHOMES.NET IS DOWNLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM NEXGENHOMES.NET. 11. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL NEXGENHOMES.NET, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS (COLLECTIVELY, "THE NEXGENHOMES.NET PARTIES"), BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE NEXGENHOMES.NET Web SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL NEXGENHOMES.NET ANY OF THE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR USE OF, OR INABILITY TO USE, THE NEXGENHOMES.NET Web SITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY NEXGENHOMES.NET PARTY HAS BEEN ADVISED OF (OR IF ANY NEXGENHOMES.NET PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL NEXGENHOMES.NET PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE NEXGENHOMES.NET Web SITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, TO ACCESS THE NEXGENHOMES.NET Web SITE. 12. INDEMNIFICATION User agrees to indemnify and hold harmless, and at NEXGENHOMES.NET's request, defend the NEXGENHOMES.NET Parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of the NEXGENHOMES.NET Web site; or (ii) any misrepresentation of any information, representation or warranty, or breach of these Terms of Use or any other covenant or Terms of Use. If any third party brings a claim, lawsuit, or other proceeding(s) against any NEXGENHOMES.NET Party based on User's conduct or use of NEXGENHOMES.NET's Web site or services, User agrees to compensate all NEXGENHOMES.NET Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding. 13. INDEPENDENT INVESTIGATION NEXGENHOMES.NET reserves the right to investigate suspected violations of the terms and conditions of these Terms of Use whenever NEXGENHOMES.NET becomes aware of possible violations. Such an investigation may include gathering information from User and the complaining party and reviewing materials on NEXGENHOMES.NET's servers. During an investigation, NEXGENHOMES.NET may remove any and all disputed material from NEXGENHOMES.NET's servers. If NEXGENHOMES.NET believes, in its sole discretion, that a violation of the terms or conditions of these Terms of Use has occurred, NEXGENHOMES.NET may take any action it deems appropriate under the circumstances known to it, which may include removal of material from NEXGENHOMES.NET's servers, warnings and/or suspension or termination of User account(s). Violations also could subject User to criminal or civil liability. 14. JURISDICTIONAL ISSUES This Web site is controlled and operated by NEXGENHOMES.NET, a sole proprietorship in the State of Pennsylvania, from its offices within the State of Pennsylvania, United States of America. NEXGENHOMES.NET makes no representations or warranties that the Content of this Web site is appropriate or lawful in any foreign countries, or that any items offered for sale on the Web site will be available outside the United States. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 15. GOVERNING LAW The formation, construction and interpretation of these Terms of Use shall in all respects be governed by and construed in accordance with the laws of the United States and the State of Pennsylvania, U.S.A., as such law applies to agreements between Pennsylvania residents entered into and wholly performed within Pennsylvania, without giving effect to any principles of conflicts of laws. These Terms of Use shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of these Terms of Use. By using this site, you hereby consent to the exclusive personal jurisdiction and venue of the State and Federal Court of the State of Pennsylvania, USA It is hereby agreed that any action at law or in equity arising under these Terms of Use and/or your use of the NEXGENHOMES.NET Web site shall be finally adjudicated or determined in any court or courts of the State of Pennsylvania or of the United States of America, in Allegheny County, Pennsylvania, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Pennsylvania law. 16. ACCEPTANCE Your use of NEXGENHOMES.NET constitutes acceptance of these Terms of Use. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of these Terms of Use and any additional terms, conditions, rules or procedures imposed by NEXGENHOMES.NET or by third party content providers in connection with third-party content, software or services available on, through or in connection with NEXGENHOMES.NET. 17. AMENDMENTS NEXGENHOMES.NET reserves the right to automatically amend these Terms of Use at any time by posting the amended terms and conditions to this "Terms of Use" section of the NEXGENHOMES.NET Web site. Such amendments will be effective when posted. 18. ACTS OF GOD NEXGENHOMES.NET shall be excused from its obligations for any period to the extent that NEXGENHOMES.NET is prevented from performing, in whole or in part, its obligations under these Terms of Use, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s),regulations(s), order(s), or request(s) prove(s) to be invalid), Internet failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond NEXGENHOMES.NET's reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise. 19. WAIVER NEXGENHOMES.NET's failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of NEXGENHOMES.NET's right to subsequently enforce such a provision or any other provision of these Terms of Use, nor will any delay or omission on the part of NEXGENHOMES.NET to exercise or take advantage of any right or remedy that NEXGENHOMES.NET has or may have hereunder operate as a waiver of any right or remedy. 20. SEVERABILITY In the event that any of the provisions of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable. 21. HEADINGS Division of these Terms of Use into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of these Terms of Use, or any provision hereof. 22. MERGER CLAUSE These Terms of Use constitute the entire agreement between you and NEXGENHOMES.NET concerning the subject matter contained herein and supersede all prior or contemporaneous representations, proposals, conditions, communications, and Terms of Use, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by NEXGENHOMES.NET. NEXGENHOMES.NET RESERVES THE RIGHT TO CHANGE OR AMEND THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. SAY SUCH CHANGES SHALL TAKE EFFECT UPON POSTING ON THE NEXGENHOMES.NET Web SITE. BY USING NEXGENHOMES.NET, YOU SIGNIFY YOUR EXPLICIT CONSENT TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, PLEASE DO NOT USE NEXGENHOMES.NET. 23. CONTACT AT NEXGENHOMES.NET If you have questions or concerns regarding NEXGENHOMES.NET, you can let us know by sending us an email at: info@nexgenhomes.net, or by writing to us at: NexGen Homes<sup>®</sup>, LLC, 4700 Clairton Blvd., Suite 106, Pittsburgh, PA 15236.

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