Terms of service

In General

This website is owned and operated by NXTGEN Ag Company, LLC. Throughout the site, the terms “we”, “us” and “our” refer to NXTGEN Ag Company, LLC.

When you visit our Website, or place an order for products, that means that you are using our Services, or offering to purchase our product subject to the following terms and conditions of sale.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Your access to and your use of this Website, and the purchase and sale of the products and services that are available through this Website, (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services you are agreeing to each of these Terms of Service, all of which may be updated by NXTGEN Ag Company from time to time. You should check this page regularly to take notice of any changes that NXTGEN Ag Company may have made to these Terms of Service.

Access to this Website is permitted on a temporary basis, and NXTGEN Ag Company reserve the right to withdraw or amend the Services without notice. NXTGEN Ag Company will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, NXTGEN Ag Company may restrict access to some parts or to all of this Website. NXTGEN Ag Company will not be liable if, for any reason, some or any portion of this Website is unavailable at any time or for any period.

This Website may contain links to other websites that are not operated by NXTGEN Ag Company (the “Linked Sites”). NXTGEN Ag Company has no control over the Linked Sites and accepts no responsibility for them, nor for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the terms of use and service contained within each such Linked Site.

Privacy Policy

NXTGEN Ag Company’s privacy policy and cookie policy, which describe how NXTGEN Ag Company will use your information, can be found at https://nxtgenagco.com/privacy-policy/. By using this Website, you consent to the processing described therein and warrant that all data that you provide is truthful and accurate.

Prohibitions

By your use of this Website, you agree that you will not misuse this Website. You further agree that you will not: (a) commit or encourage a criminal offense; (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of an obligation of confidence or that is in any way offensive or obscene; (c) hack into any aspect of the Service; (d) corrupt data; (e) cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Any breach of this provision may constitute a criminal offense and NXTGEN Ag Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

NXTGEN Ag Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software, and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of NXTGEN Ag Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by NXTGEN Ag Company and its licensors. You may store, print and display the content supplied solely for your own personal non-commercial use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without our prior written consent.

Terms of Sale

This website is owned and operated by NXTGEN Ag Company, LLC. Throughout the site, the terms “we”, “us” and “our” refer to NXTGEN Ag Company, LLC.

When you visit our Website, or place an order for products, that means that you are using our Services, or offering to purchase our product subject to the following terms and conditions of sale.

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

All users of our Services and purchasers of our products represent that they are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our site and Services. You also represent that you possess a valid credit or debit card issued by a bank acceptable to NXTGEN Ag Company. Use of our Services or placement of an order indicates that you represent and warrant (1) that all of the information that you provide to NXTGEN Ag Company are true and accurate; (2) that you are an authorized user of the credit or debit card used to place your order; and (3) that there are sufficient funds to cover the cost of the goods ordered.

All orders placed on this Website are subject to product availability and NXTGEN Ag Company’s confirmation of the order quantity and price. NXTGEN Ag Company retains the right to refuse any orders. The cost of products and services may fluctuate. All prices advertised are subject to such changes.

Product shipment may vary according to availability and is subject to any delays resulting from postal delays or force majeure for which NXTGEN Ag Company will not be responsible.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this is not an acceptance of your order. No contract is formed until NXTGEN Ag Company transmits an e-mail confirmation that the goods that you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipment will be included in the contract formed.

Errors in product details, descriptions, and prices may occur despite efforts to ensure accuracy. If NXTGEN Ag Company discovers an error in the price of any goods that you have ordered, then NXTGEN Ag Company will inform you regarding the error, and you will have the option of either reconfirming your order at the correct price or cancelling it. If NXTGEN Ag Company is unable to contact you, then NXTGEN Ag Company will treat the order as cancelled. If you cancel the order after you have already paid for the goods, then you will receive a full refund.

Delivery costs are in addition to product prices.

On receipt of your order NXTGEN Ag Company will seek authorization for payment from your card issuer. Your card will be debited upon receipt of that authorization, and funds received will be treated as a deposit against the value of the goods you have ordered for purchase.

Returns and Refunds

All products are sold with a thirty (30) day refund policy. If you are not satisfied with your purchase for any reason within thirty days after your purchase, then NXTGEN Ag Company will give you a full refund of your purchase price. Simply send an email to support@nxtgenagco.com or call NXTGEN Ag Company at 816-354-1123.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law NXTGEN Ag Company and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Third Parties

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of their sites, products, or services, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User feedback, comments, or other submissions.

If you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Intellectual Property Disclaimer

Any trademarks/names or copyrighted materials on this Website are owned by the respective trademark owners or copyright holders. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to NXTGEN Ag Company.

Indemnity

You expressly agree that your use of, or inability to use, the service is at your sole risk. You agree to indemnify, defend and hold harmless NXTGEN Ag Company, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Variation

NXTGEN Ag Company reserves the right in its absolute discretion to amend, remove or vary the Services and/or any page of this Website at any time and without notice.

Invalidity

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver

Any term or condition of these Terms of Service may be waived by NXTGEN Ag Company at any time, but no such waiver will be effective unless set forth in a written instrument waiving such term or condition and that is executed by an authorized representative of NXTGEN Ag Company. No waiver of any term or condition of these Terms of Service will be deemed to be or construed as a waiver of the same or any other term or condition of these Terms of Service on any future occasion.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and NXTGEN Ag Company.

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