YOU AGREE TO OUR LEGAL TERMS AGREEMENT WHEN ACCESSING OUR WEB SITE

HomeYOU AGREE TO OUR LEGAL TERMS AGREEMENT WHEN ACCESSING OUR WEB SITE

Last updated December 3rd, 2022

1. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF WEB SITE AND CONTENT ("TERMS") BEFORE USING THIS WEB SITE.

By continuing to access or use this site or any web site and content on this site, you represent your full acceptance of all TERMS without exception. Please be further advised:

A. From time to time, Next Generation Living Homes, Inc. may amend the TERMS. Therefore, please continue to review the TERMS whenever opening or using this site.

B. Your use of this web site, or any web site and content on the web site, after the posting of modifications to the TERMS will constitute your acceptance of the TERMS, as modified.

C. IF, AT ANY TIME, YOU DO NOT WISH TO FOLLOW THE TERMS, YOU CAN NOT USE THE WEB SITE.

D. Any terms or conditions proposed by you that are in addition to or which conflict with the TERMS are expressly forbidden by Next Generation Living Homes, Inc. and are invalid.

E. You acknowledge that Next Generation Living Homes, Inc. has the right to change the content or technical specifications of any aspect of this Web site and content at any time at Next Generation Living Homes, Inc. 's sole discretion.

F. You further accept that such changes may result in your being unable to access the Web site and content.

2. Disclaimer.

A. All content provided on this web site is created upon content, data, and designs we created which we believe to be dependable.

B. This information should be understood to be exclusive and custom architectural design and energy solutions information.

C. It is not meant to be taken as advice with respect to any individual situation. No one may rely upon it as professional advice or such.

D. We are not your architectural design agent, energy broker, or legal representative.

E. You must consult and rely solely on your own lawyers, accountants, architectural design advisors with respect to specific uses or construction needs.

3. User Agreement to Terms and Conditions of our Web site and content.

You represent that you have read and agree to be bound by the TERMS for https://nextgenlivinghomes.com. You further agree not to use the web site and content for illegal purposes; including, but not limited to:

A. Violate pertinent U.S. federal, state, local, and foreign laws, and regulations regarding the communication of any data obtained from this Web site and content (as defined herein) in accordance with the TERMS; and

B. Interfering with or otherwise disrupting communication networks, DOS attacks, hacker attacks, Scraping, Bot or spider collecting and cataloging; data, content, images, plans, or contact information connected with this Web site. Theft of intellectual property is a crime and violators will be tracked and their data collected for civil and criminal prosecution.

4. Intellectual Property.

A. This web site, including but not limited to data, text, and other content, may be protected by copyrights, trademarks, web site and content marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries.

B. All individual articles, columns and other elements making up the Web site and content are also copyrighted works. The trademarks, web site and content marks, trade names, trade dress, logos, designs, and sounds associated with this Web site are owned by Next Generation Living Homes, Inc., or third parties who have authorized their use.

C. Users agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Web site and content.

D. You agree to notify Next Generation Living Homes, Inc. promptly after being alerted of any suspected unauthorized access or use of the Web site and content by violators such as scraping bots or spiders or individuals that are engaged in these criminal activities. Any information you bring to Next Generation Living Homes, Inc. will be confidential and if Next Generation Living Homes, Inc. pursues any lawsuits against violators a 10% bounty will be paid to the individual assisting with this information upon receiving a legal judgement and payment from the violator.

5. Restrictions on Use.

A. You may not utilize the Web site and content for any illegal purpose or otherwise violate any TERMS.

B. You agree to use the Web site and content solely for your personal use and benefit or that of your company or organization, and not for resale of data, images, or content or other transfer to, or use by or for the benefit of, any other person or entity.

C. You agree not to use, transfer, distribute or dispose of any information contained in the Web site and content in any manner that could compete with the business of Next Generation Living Homes, Inc.

D. You acknowledge that the Web site and content has been developed, compiled, prepared, revised, selected, and arranged by Next Generation Living Homes, Inc. and constitutes protected intellectual property and trade secrets of Next Generation Living Homes, Inc.

E. You agree to protect the proprietary rights of Next Generation Living Homes, Inc. and all others having rights in the Web site and content during and after the term of this agreement and to comply with all reasonable written requests made by Next Generation Living Homes, Inc. or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Web site and content.

F. You agree to notify Next Generation Living Homes, Inc. promptly upon becoming alerted to any suspected unauthorized access or use of the Web site and content by any party or of any claim that the Web site and content infringes upon any copyright, trademark or other contractual, statutory, or common law rights.

G. You may not reproduce, distribute, publish, transmit or in any way exploit any part of the web site and content, except that you may download material from the Web site and content for personal use by you for screen savers or pdf docs approved by Next Generation Living Homes, Inc. except copyrighted materials used without our written permission. You may request use via the following link: https://nextgenlivinghomes.com/request-to-reprint-content/

H. Modification via illegal hacking of the web site and content's content would be a violation of Next Generation Living Homes, Inc.'s copyright and other proprietary rights.

I. Additionally, you may not offer any part of the web site and content for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink iframing on the internet without the prior written consent of Next Generation Living Homes, Inc. You may request use via the following link: https://nextgenlivinghomes.com/request-to-reprint-content/

J. This web site and content and the information contained therein may not be used to construct a database of any kind. This notice is an order of cease and desist notification posted here on December 3, 2022 to all violators. Companies like Google.com scraping data for 3rd parties such as Zoominfo.com, Bombora.com are trespassing and in violation and infringement of this legal agreement. Other companies engaging in scraping of data, gathering product or service pricing, and cataloging content from such bots or coming from companies such as Apple.com, Amazonaws, Amazon.com, Slack.com, Facebook.com, Twitter.com, Indeed.com, are also in violation and are trespass and entering without permission. Continued violations will be considered a violation of trespass and entry without permission, scraping of data is Theft, selling of our data to 3rd parties is illegal under our legal terms set here.

K. The web site and content and the information contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database web site and contents containing all or part of the Web site and content.

L. Furthermore, you may not use any of Next Generation Living Homes, Inc. names or marks in any manner that creates the impression such names or marks belong to or are associated with you or imply any endorsement by Next Generation Living Homes, Inc. , and you acknowledge that you have no ownership rights in and to any of these names or marks.

M. You will not use the web site and content, the information contained therein or any of Next Generation Living Homes, Inc.'s names or marks in unsolicited mailings or spam material and will not spam or send unsolicited mailings to any person or entity using the Web site and content.

N. You have no implied or expressed rights or licenses in to the Web site and content and materials contained therein other than the limited right to utilize the Web site and content as a human visitor and not as a Bot or spider in accordance with the TERMS.

O. Next Generation Living Homes, Inc. prohibits Bot or Spider scraping or cataloging this Web site, unauthorized iFrames or framing of any materials available through this site.

P. Next Generation Living Homes, Inc. reserves the right to disable or Block any unauthorized links or iframes and specifically disclaims any responsibility for the contents of any other Internet sites linked to this site. This Web site approves social media links, affiliate links, partner links, media publication links and any partners or project managers linking from their business web sites or social media profiles to Next Generation Living Homes, Inc.

Q. Other internet sites which are linked to this web site have their own terms and conditions of use and privacy policies.

R. Access to any other Internet sites linked to this web site is at your own risk and Next Generation Living Homes, Inc. expressly disclaims all liability related to such web sites.

6. Rights Reserved.

A. All present and future rights in and title to the Web site and content are reserved to Next Generation Living Homes, Inc.

7. Disclaimer and Limitation of Liability.

A. You agree that your use of the Web site and content is at your sole risk and acknowledge that the Web site and content and contents are provided "as is" and that Next Generation Living Homes, Inc. makes no warranty of any kind, express or implied, as to the items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use.

B. Next Generation Living Homes, Inc. makes every effort to update it’s code and protect the security of it’s web site from hackers, however it does not warrant that the web site and content is compatible with your computer equipment of any kind, or is free of errors or viruses, worms or "trojan horses" and is not liable for any damage you may suffer because of such destructive bugs or hacks.

C. You agree that Next Generation Living Homes, Inc. , its suppliers, and its third-party agents shall have no responsibility or liability for:

1) Any injury or damages, whether caused by the negligence of Next Generation Living Homes, Inc., its employees, directors, officers, managers, assigns, subcontractors, agents, project managers, senior advisors, suppliers or otherwise arising in connection with the web site and content; or

2) Any fault, inaccuracy, omission, delay, or any other failure in the web site and content caused by your computer equipment or arising from your use of the web site and content on such equipment.

D. The content of other web sites, web site and contents, goods, or advertisements that may be linked to the web site and content is not maintained or controlled by Next Generation Living Homes, Inc.

1) Next Generation Living Homes, Inc. is therefore not responsible for the availability, content or accuracy of other web sites, web site and contents or goods that may be linked to, or advertised on, the web site and content.

E. Next Generation Living Homes, Inc. does not:

1) Make any warranty, express or implied, with respect to the use of the links provided on, or to, the web site and content;

2) Guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, web site and contents, goods, or advertisements that may be linked to the web site and content; or

3) Make any endorsement, express or implied, of any other web sites or ads that may be linked to the web site and content.

F. Next Generation Living Homes, Inc. is also not responsible for the reliability or continued availability of ISPs, VPNs or telephone lines and equipment or browsers you use to access the web site and content.

G. You understand that Next Generation Living Homes, Inc., and/or third-party contributors to the web site and content may choose at any time to inhibit or prohibit their content from being accessed under the terms.

8. Limitation of liability.

A. You agree that under no circumstances, including but not limited to negligence, shall Next Generation Living Homes, Inc. , its suppliers or its third-party agents be liable to you or any third party for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if an authorized representative of Next Generation Living Homes, Inc. has been advised explicitly of the likelihood of such damages, arising from use of or inability to use, the web site and content or any links or items on the web site and content or any provision of the terms, such as, but not limited to, loss of income or estimated profits or lost business opportunity.

B. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, unauthorized access, or any force majeure.

C. Next Generation Living Homes, Inc. cannot and does not guarantee continuous, uninterrupted, or secure access to the site. (applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.)

9. Representations and Warranties.

You represent, warrant and covenant that you:

A. Have the power and authority to enter into this agreement;

B. Are at least eighteen (18) years old;

C. Shall not use any rights granted hereunder for any unlawful purpose; and

D. Shall use the Web site and content only as set forth in these TERMS.

10. Indemnification.

A. You agree, at your own expense, to indemnify, defend and hold harmless Next Generation Living Homes, Inc. and its employees, representatives, suppliers, and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Web site and content, or any links on the Web site and content, including, but not limited to:

1) Your or someone using your computer(s) to access and use the Web site and content;

2) A violation of the TERMS by you or anyone using your computer;

3) A claim that any use of the Web site and content by you or someone using your computer infringes any copyright, trademark, or other intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;

4) Any removals, embellishments, additions, or modifications to, or any unauthorized use of, the Web site and content by you or someone using your computer; or

5) Any misrepresentation or breach of representation, warranty or covenant made by you contained herein.

6) You agree to pay all costs, damages and expenses (including reasonable attorneys' fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.

11. Termination.

A. Either you or Next Generation Living Homes, Inc. may terminate this agreement with or without cause at any time and effective immediately.

B. You may terminate by discontinuing use of the Web site and content and destroying all materials obtained from the Web site and content.

C. This agreement will terminate immediately without notice from Next Generation Living Homes, Inc. if Next Generation Living Homes, Inc. determines, in its sole discretion that you have failed to comply with any provision of these TERMS.

D. Upon termination by you or upon notice of termination by Next Generation Living Homes, Inc., you must promptly destroy all materials obtained from the Web site and content and any copies thereof.

E. All applicable Sections shall survive any termination of this agreement.

12. Governing Law.

A. These TERMS shall be governed and construed in accordance with the laws of the United States of America and the State of Arizona without giving effect to conflicts-of-law principles thereof.

B. You agree to submit to the personal jurisdiction of the state and federal courts located in Arizona with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts.

C. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or these terms and conditions must be filed within one (1) year after such claim or cause of action arose.

D. If any provision of the TERMS is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of the TERMS shall remain in full force and effect.

13. Foreign Access.

A. If you choose to access the Web site and content from outside the United States, you are responsible for compliance with foreign and local laws.

B. Next Generation Living Homes, Inc. does not provide architectural design services, third party administrator, or other web site and contents to governments, governmental agencies, other groups, individuals, or any of their agents which are subject to U.S. trade sanctions, including, without limitation, to the following Embargoed Persons:

1) Governments, government agencies, businesses organized in, and nationals or residents of any embargoed governments or regimes or

2) To anyone on the U.S. Treasury Department's Office of Foreign Asset Control's lists of Specially Designated Nationals, Specially Designated Global Terrorists, and Foreign Terrorist Organizations.

C. By using the Web site and content, you represent and warrant that you are not an Embargoed Person and are not controlled by or acting as an agent of any such an Embargoed Person.

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Installed July 16, 2019

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