Terms and Conditions

NexGen Polymers Terms and Conditions

  1. Services: The terms “we”, “us”, and “our” refer to NexGen Polymers Inc. “You” refers to the client or customer. We are committed to distributing high-quality, sustainable, and eco-friendly products through access to and use of any content, functionality, products and services offered through the Website, as defined below (the “Services”). 

  2. Terms: These website terms and conditions of use for nexgenpoly.com (the “Website” or this “site”) constitute a legal agreement between you and NexGen Polymers Inc. By using the Services, you agree to be bound by these terms and conditions. You may not use the Services if you do not agree to these terms and conditions. BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT nexgenpoly.com, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR OUR SERVICES. By using this Website, you represent and warrant that meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or our Services.

  3. Changes to Terms and the Website: We reserve the right in our sole and unfettered discretion to modify these terms and conditions at any time. We will post the revised terms and conditions on our Website if we do so and they shall become effective immediately. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use of our Services after the effective date of such changes constitutes your acceptance of the changes. The information and material on this Website, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period. 

  4. Privacy Policy, Use of the Website, Account Set-Up and Security: We respect your privacy and will only use your personal information as our Privacy Policy outlines, found at nexgenpoly.com. You are responsible for obtaining your own access to the Website and for the Website’s availability and performance. You are required to ensure that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them. You are responsible for any security breaches or performance issues relating to accessing the Website. You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation:
    • accessing content and data that is not intended for you;
    • attempting to breach or breaching the security and/or authentication measures which are not authorized;
    • restrict disrupt or disable service to users, hosts, servers or networks;
    • disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website;
    • use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
    • introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
    • attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and
    • otherwise attempt to interfere with the proper working of the Website.

  5. Intellectual Property Rights and Ownership. You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by us, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Our name (“NexGen Polymers Inc.”, “NexGen Polymers” and related words), our logo, and all related names, logos, product and service names, designs, images and slogans are our trademarks or our affiliates or licensors. You must not use such marks without our prior written permission.

    Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

    You may only use the Website and/or the Services for your personal and non-commercial use. You are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our Website and/or the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website and/or the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

  6. Conditions of Use and Site Content Standards. As a condition of your access and use you agree that you may use the Website and the Services only for lawful purposes and in accordance with these Terms and Conditions. You warrant and agree that your use of the Website or the Services shall not:
    • In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at nexgenpoly.com;
    • Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
    • Involve, provide or contribute any false, inaccurate or misleading information;
    • Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
    • Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
    • Include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;
    • Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
    • Promote any illegal activity, or advocate, promote, or assist any unlawful act; and
    • Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.

       
  7. Site Monitoring and Enforcement, Suspension and Termination. We have the right, without provision of notice to:
    • Remove or refuse to post on the Website any materials or posts for any or no reason in our sole and unfettered discretion;
    • At all times, to take such actions with respect to any materials or postings on the Website deemed necessary or appropriate in our sole and unfettered discretion, including without limitation, for violating the Terms and Conditions or our Privacy Policy found at nexgenpoly.com;
    • Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website and/or the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; and
    • Terminate or suspend your access to all or part of the Website or Services for any or no reason, including without limitation, any violation of these Terms and Conditions or our Privacy Policy found at nexgenpoly.com.YOU WAIVE AND HOLD HARMLESS NEXGEN POLYMERS INC. AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.  We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

  8. Links to Other Websites: Our Website may contain links to other websites. We are not responsible for such websites’ content, accuracy, or opinions. Including any linked website on our Website does not imply approval or endorsement of the linked website by us, nor nr should the presence of a link in any way be construed as a suggestion that the site has any relationship with us. If you decide to visit any related website, you do so at your own risk.

  9. Geographic Restrictions. NexGen Polymers Inc. is based in the Province of Ontario in Canada This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

  10. Disclaimer of Warranties: Our Services are provided “as is” and “as available.” We disclaim all warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our Services will be uninterrupted, timely, secure, or error-free. We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website AND/OR THE SERVICES, and your computer, internet and data security. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY OF THE SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

  11. Limitation of Liability: In no event shall we be liable for any incidental, special, punitive, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use our Services, however, caused, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you.

  12. Indemnification: You agree to indemnify, defend, and hold us, our affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns harmless from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with your use of our Services or breach of these Terms and Conditions, including, but not limited to, third party sites, any use of or engagement with the Website’s content, the Services. 

  13. Severability: If any provision of these terms and conditions is invalid or unenforceable, such provision shall be struck out, and the remaining provisions shall be enforced. 

  14. Assignment: You may not assign these terms and conditions or any of your rights or obligations under these terms and conditions without our prior written consent. We may assign these terms and conditions at any time without notice to you. 

  15. Waiver: Our failure to enforce or exercise any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. 

  16. Entire Agreement: These terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and us concerning your use of our Services. 

  17. Governing Law and Jurisdiction. The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. 

  18. Contact information: If you have any questions about these terms and conditions, please get in touch with us. This policy was last updated on November 28, 2022. Thank you for using NexGen Polymers!