1. Acceptance of our Terms
By visiting the website of New Generation Power, (hereinafter referred to as NGP) viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to NGP, you agree to be bound by the following Terms and Conditions of Service.
If you do not want to be bound by our Terms, your option is not to visit, view or otherwise use the website or services of NGP. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and NGP and that your use of NGP ’s website indicates your acceptance of this agreement.
2. Provision of Information
You agree and acknowledge that NGP is entitled to modify, improve or discontinue providing information on this website at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained on the website.
3. Proprietary Rights
You acknowledge and agree that NGP ’s website may contain proprietary and confidential information including, but not limited to trademarks, copyrights, service marks and patents protected by intellectual property laws and international intellectual property treaties. Such content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
When you submit content to NGP you simultaneously grant NGP an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to NGP. Note that information or content submitted to the website via contact us or other similar function may not receive a response.
In addition to any information or content that you choose to submit to the website, we may use a variety of technologies that automatically or passively collect certain information whenever you visit or interact with the website (“Information while Use”). This Information while Use may include the browser you are using, the URL that referred you to our website, all of the areas within our website that you visit, and the time of day, among other information. We may use the Information while Use for a variety of purposes, including to enhance or otherwise improve the website. Your IP address and other log in information is also a part of Information while Use.
We use your IP address to help diagnose problems with our server, to administer and tune the operation of the website, and to log your browser type and referring URL information. Your IP address may also be used in collecting statistical data such as number of “hits” and “page views” which is gathered for broad usage information only. None of this information can identify you personally. We cannot identify any personal information from your IP address. When you visit our site your IP address is recorded as a normal function of the following server logs:
Access logs show us which pages an IP address accesses on the visit.
Error logs show any errors your browser encountered during a visit.
Agent logs show us what type of browser you used to view the website.
Referrer logs show us the keywords used to find our website and which search engine or point of entry you used.
5. Disclaimer of Warranties
You understand and agree that your use of NGP ’s website is entirely at your own risk and that any services and information are provided “As Is” and “As Available”. NGP does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the NGP website, information, content or materials. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
6. Limitation of Liability
You understand and agree that NGP and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not NGP has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of NGP is limited to the greatest extent permitted by law.
7. External Content
NGP ’s website may include hyperlinks to third-party content or other websites. You acknowledge and agree that NGP is not responsible for and does not endorse any advertising, products or information available from such third-party content or websites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the federal and state courts locate in New York, New York and to the laws of the State of New York to resolve any legal matter arising from this agreement or related to your use of NGP ’s website.
9. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and NGP. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
10. Changes to the Terms
NGP reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of NGP ’s website after any changes to Terms will signify your agreement to be bound by them.