Last updated: March 7, 2020
Nextbridgex.com, Nextbridge Health Inc. and/or its affiliates ("Nextbridge") provide website features and other products and services to you when you visit or shop at Nextbridgex.com, use Nextbridge products or services, use Nextbridge applications for mobile, or use software provided by Nextbridge in connection with any of the foregoing (collectively, "Nextbridge Services"). Nextbridge provides the Nextbridge Services subject to the following conditions.
By using Nextbridge Services, you agree to these conditions. Please read them carefully.
Please review our Privacy Notice which also governs your use of Nextbridge Services, to understand our practices.
When you use Nextbridge Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Nextbridge Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Nextbridge Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Nextbridge or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Nextbridge Service is the exclusive property of Nextbridge and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nextbridge Service are trademarks or trade dress of Nextbridge in the U.S. and other countries. Nextbridge's trademarks and trade dress may not be used in connection with any product or service that is not Nextbridge's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nextbridge. All other trademarks not owned by Nextbridge that appear in any Nextbridge Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nextbridge.
One or more patents owned by Nextbridge apply to the Nextbridge Services and to the features and services accessible via the Nextbridge Services. Portions of the Nextbridge Services operate under license of one or more patents.
LICENSE AND ACCESS
You may need your own Nextbridge account to use certain Nextbridge Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit the My Account page to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Nextbridge does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may not use the Nextbridge Services. Nextbridge reserves the right to refuse service, terminate accounts, terminate your rights to use Nextbridge Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Nextbridge reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Nextbridge a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nextbridge and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nextbridge for all claims resulting from content you supply. Nextbridge has the right but not the obligation to monitor and edit or remove any activity or content. Nextbridge takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Nextbridge respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us immediately.
RISK OF LOSS
All purchases of physical items from Nextbridge are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Nextbridge does not take title to returned items until the item arrives at our seller's location. At our discretion, a refund may be issued without requiring a return. In this situation, Nextbridge does not take title to the refunded item. For more information about our returns and refunds, please see our returns center.
Nextbridge attempts to be as accurate as possible. However, Nextbridge does not warrant that product descriptions or other content of any Nextbridge Service is accurate, complete, reliable, current, or error-free. If a product offered by Nextbridge itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Nextbridge and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Nextbridge.
With respect to items sold by Nextbridge, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Nextbridge is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by Nextbridge, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Nextbridge Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Nextbridge Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Nextbridge Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE NEXTBRIDGE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEXTBRIDGE SERVICES ARE PROVIDED BY NEXTBRIDGE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEXTBRIDGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NEXTBRIDGE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEXTBRIDGE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NEXTBRIDGE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, NEXTBRIDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEXTBRIDGE DOES NOT WARRANT THAT THE NEXTBRIDGE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NEXTBRIDGE SERVICES, NEXTBRIDGE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NEXTBRIDGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, NEXTBRIDGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NEXTBRIDGE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NEXTBRIDGE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Nextbridge Service, or to any products or services sold or distributed by Nextbridge or through Nextbridgex.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Nextbridge will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
ADDITIONAL NEXTBRIDGE SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Nextbridge Services (the "Nextbridge Software").
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Nextbridge accepts service of subpoenas or other legal process only through Nextbridge’s national registered agent, LegalCorp Solutions LLC (LCS). Subpoenas or other legal process may be served by sending them to LCS at the following address:
Nextbridge Health Inc.
c/o LegalCorp Solutions, LLC
Attn: Legal Department – Legal Process
1221 College Park Dr Suite 116
Dover, DE 19904
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Nextbridge devices; and IP address and complete time stamps.
If you believe that your intellectual property rights have been infringed, please submit your complaint to our corporate agent. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
You may submit written claims of copyright infringement to our Copyright Agent at:
Nextbridge Health Inc.
c/o LegalCorp Solutions, LLC
Attn: Legal Department – Legal Process
1221 College Park Dr Suite 116
Dover, DE 19904
Written claims concerning copyright infringement must include the following information:
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