Terms of Use
This document is an agreement between you and Next Core Flow, LLC ("Company," "we," or "us") that describes the terms subject to which you may access and use https://www.nextcoreflow.com/, www.gener8os.com, and any other website owned or operated by Company (each a "Site" and collectively the "Sites"). BY ACCESSING OR USING THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITES.
We reserve the right to modify these Terms of Use at any time by posting an update to the Sites. Your use of the Sites following such update constitutes your agreement to be bound by these Terms of Use as modified.
Company takes the privacy of its Customers, Authorized Users, and Site Visitors very seriously. When you use the Sites or contact us, we may collect certain data and information from you. For details on how we collect and use your information, please review the Privacy Policy.
1. Definitions
"Authorized User" means an individual authorized by a Customer to access and use the Platform.
"Customer" means an individual or entity that has entered into an agreement with Company to use the Platform or any other Services.
"Company Content" means the text, graphics, sounds, images, information, and software that you see, hear, or otherwise experience on the Site, except for Third-Party Content.
"Form Tools" means the third-party products and services that Company uses to enable Site Forms on the Sites and processes the information submitted through Site Forms.
"Platform" means the web-based software-as-a-service platform that collects information provided by Authorized Users and generates content in accordance with a brand voice and identity.
"Services" refers to the products and services made available by Company, including but not limited to the Platform, and other services that may be offered pursuant to a separate written agreement.
"Site Form" means a form available on the Sites that can be used to submit information to Company for any purpose.
"Site Materials" collectively refers to Site Forms, Third-Party Content, and Company Content.
"Site Visitor" means any person who uses the Sites, which includes browsing the Sites or submitting any information to Company through a Site.
"Third-Party Content" means content or tools provided by third parties that are available on the Sites, such as links to third-party web pages and advertisements for the products or services of third parties.
"TOU" means these Terms of Use.
2. Purpose of the Sites
The Sites are intended to provide information about the Services. The Sites provide functionality for Site Visitors to request further information about the Services and to contact Company through Site Forms. By browsing the Site Materials or submitting a Site Form, you are a Site Visitor for purposes of these TOU.
3. Services Subject to Other Terms
These TOU do not govern the purchase or use of Services by Customers and Authorized Users. If you elect to purchase or use the Services, your purchase or use of the Services will be subject to a separate agreement between you and Company.
4. Use of the Site
You may use the Sites and Site Materials to learn about Company and the Services, or to contact Company, provided that you comply and remain in compliance with these TOU. You are responsible for obtaining access to the Sites and for any third-party fees incurred as a result (such as internet service provider or airtime charges). You may not:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Site Materials or other information, tools, or Services obtained from the Sites;
- Use Site Materials for the benefit of a third party;
- Use the Sites to upload or distribute any type of malware;
- Use the Sites in any manner that damages, disables, overburdens, or impairs the Site or interferes with any other party's use and enjoyment of the Site;
- Access the Sites by any means other than through the interface that is provided by Company for use in accessing the Sites;
- Use, or attempt to use, the Sites to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person's privacy or proprietary rights;
- Impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Company, or otherwise attempt to mislead with respect to your identity; or
- Use the Sites for any purpose or in any manner that is unlawful or prohibited by these TOU.
5. Reservation of Rights
Company reserves the right, in its sole discretion, to: (i) make changes to these TOU; (ii) make changes to Site Materials; (iii) determine if you have violated these TOU; and (iv) take any action we deem appropriate if we determine you have violated these TOU.
6. Site Forms
Site Forms may permit Site Visitors to request information about the Services and how to purchase Services, and to contact Company for general inquiries. Company may utilize Form Tools to enable and process Site Forms. By submitting any Site Form, you expressly consent to Company sharing your personal information with third-party Form Tool providers. For more information on how your personal information is handled by us, please visit the Privacy Policy.
7. Third-Party Content
The Sites may display Third-Party Content. In consideration for the convenience of Company making Third-Party Content available to you, you acknowledge that Company is not responsible for any such Third-Party Content and Company makes no representations as to the completeness or accuracy of such Third-Party Content. You also agree that Company is not responsible or liable for any losses or damages you experience with any Third-Party Content you choose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you.
8. Company Intellectual Property
This Agreement does not transfer any ownership or any other right in Company Content or the Sites to you. Company and its licensors retain all right, title, and interest in and to the Company Content and the Sites, including, without limitation, any and all intellectual property or proprietary rights.
9. Disclaimer of Warranties
THE SITES AND SITE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES THAT THE SITES OR SITE MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. COMPANY DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SITE MATERIALS WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.
10. Limitation of Liability
EXCEPT FOR DAMAGES RESULTING FROM COMPANY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF APPLICABLE DATA PROTECTION LAW, COMPANY AND ITS LICENSORS DISCLAIM AND REJECT ANY LIABILITY TO ANY SITE VISITOR OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SITES OR SITE MATERIALS (INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF SUCH SITE VISITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S ENTIRE LIABILITY AND SITE VISITOR'S EXCLUSIVE REMEDY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SITES OR SITE MATERIALS IS LIMITED TO $100.
11. Miscellaneous
These TOU will be governed and enforced in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of law principles. Company's failure to act with respect to a breach by you does not waive its rights to act with respect to similar breaches. The section titles in these TOU are for convenience only and have no legal or contractual effect.
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