Copyright © 2010 BuyNextGen.com. All rights reserved \ Frequently Asked Questions \ Contact Us \ Privacy Statement \ Terms of Service \
This Terms of Service applies to use of the BuyNextGen [BNG] website located at http://www.buynextgen.com. The site is the property of Carbonfrost Systems, LLC. Before you make any purchases, you must first establish a customer account. By registering, you agree to these terms and conditions. If you do not agree, do not click on the button to register and do not use the site.
BNG reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Service, at any time. It is your responsibility to check this Terms of Service each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to this Terms of Service, which shall apply until we post a modified Terms of Service and then in accordance with such modified Terms of Service. As long as you comply with this Terms of Service and any such modifications, BNG grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
All media, software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on BNG, including but not limited to the design, selection, arrangement, and coordination of such content on BNG is owned or licensed by or to BNG, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Service, no part of BNG may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without BNG’s prior consent.
Buynextgen.com and BNG are registered trademarks, trademarks or service marks of Carbonfrost Systems, LLC. All BNG custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks. All other non-BNG trademarks or service marks are property of their respective owners. The use of any BNG trademark without BNG’s written consent is strictly prohibited.
Certain services offered on or through the Site require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify BNG immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by BNG or any other user of the site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the Account button and selecting the appropriate link.
You also agree that BNG may, in its sole discretion and without prior notice to you, terminate your access to the site and your account for any reason, including but not limited to:
In any case, BNG will not be liable to you for termination of your access to the Site.
As described in our Privacy Policy, you must disclose certain private information to use our site to register, and make purchases. As a condition of registering with our site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of private information described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
While BNG takes all reasonable and utmost steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty or guarantee that we can stop such acts under all situations. In no event shall BNG be liable for any damages coming out of a third party’s unauthorized access to your private information.
To purchase any goods and/or services, you must be at least 18 years of age or the applicable state age of majority, and be a resident in the 50 states of the United States of America. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including but not limited to all of the following: your name as it appears on the card, your credit card number, the credit card type, the date of expiration and the CCV (activation) code. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within a reasonable time.
For our refunds and exchange policy please read our Refund and Exchange Policy here.
All payments must be made by VISA, MasterCard, American Express, Discover Network, and PayPal. The agreements made by your card issuer or PayPal Inc governs your use of your designated card, and you must refer to that agreement and not this Terms of Service to determine your rights and liabilities as a cardholder or PayPal account holder. You agree to pay all fees and charges incurred in connection with your purchases including any taxes at the rates in effect when the charges were incurred.
Unless you notify BNG of any discrepancies within 30 days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If BNG does not receive payment from your credit card issuer, you agree to pay all amounts due upon demand by BNG. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to sales tax. BNG shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the State of Florida.
Your receipt of an order confirmation does not guarantee our acceptance of your order, nor does is it a guarantee of our offer to sell. BNG reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be officially deemed accepted by BNG upon shipment of products or performance of services that you have ordered. We may require additional verifications or information before accepting any order.
BNG reserves the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. BNG shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BNG will immediately issue a credit to your credit card account in the amount of the charge.
BNG reserves the right at any time to change its prices and billing methods for products. It will be effective immediately upon posting on the site.
All products are provided "as is"; All requests for a specific product technical service and product support should be made directly to the manufacturer in accordance with their terms and conditions. Please refer to our refund and exchange policy for our defective merchandise to be exchanged policy.
You agree to indemnify and hold harmless BNG and its parent company, affiliates, other site users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Service, or your violation of any law and regulation.
You also agree to the fact that all risk coming out of the use of the site, the use of any products, any service offered and the use of any content remains with you. In no event shall BNG, its parent company, affiliates, licensors, or employees be liable for any consequential, incidental, direct, indirect, special, punitive or other damages whatsoever arising out of this Terms of Service or the use of any products or the use of content coming out of the use of this site by you as you have been advised on the possibility of such damages.
The maximum liability that BNG has is limited to the max amount paid to BNG by you. Order information such as miswritten billing or shipping address that is inaccurate may result in delays or lost merchandise and will not be responsibility of BNG.
BNG will terminate the account of any customer who uses his or her privileges to unlawfully transmit copyrighted material without a license or fair use privilege to do so If you think we have published Material that infringes your copyright, we will address your concerns. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the said act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF) that sets forth the items specified below. If sending notice by mail, please send through expedited mail so that we can process the notice in a timely fashion.
To enable us to address your concerns, please provide the following information:
We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
Sign the document and fax it to: support@buynextgen.com.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights. Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects for publication. We also reserve the right to publish your letter on this site.
Your consent to our emails is given by creating a Account with us and each time you make a purchase you give us the right to send a variety of emails including but not limited to invoice, shipment tracking, promotional emails, etc to your e-mail address. To stop receiving marketing emails please contact us at support@buynextgen.com.
If any provision of this Terms of Service is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible and the remaining provisions of this Terms of Service will continue in full force and effect. This Terms of Service shall be governed by the laws of the State of Florida. You consent to the exclusive jurisdiction of the state and federal courts sitting in Palm Beach County, in the State of Florida. This Terms of Service is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Service shall be null and void.
Last modified: 2010/01/25