How is your information collected?
NGP’s Website allows you to voluntarily submit your personal information to make your transactions with NGP as convenient as possible, including, but not limited to, ordering products or services, payments for the products and services, requests for information, or responses to survey questions. Your personal information may include your first and last name, mailing address, email address, telephone/cell or mobile phone number, and other personally identifying information.
How is your information used?
Disclosure of Personal Information
NGP may disclose personal information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as otherwise may be required by applicable law or regulation; (2) to protect and defend NGP’s rights or property or those of its affiliates, distributors, dealers, business partners, or others; or (3) as NGP believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety or property of any person or organization.
If NGP becomes involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all of our business otherwise changes, NGP may share or transfer your information to a third party or parties in connection therewith.
NGP must release your credit card information to credit card authorization service providers and the credit card-issuing bank to confirm and settle payment for products or services purchased through NGP’s Website and to facilitate returns or refunds. NGP may share aggregated anonymous information relating to visitors to and users of NGP’s Website with third parties.
By entering your personal information on NGP’s Website, you consent to our collection, use and disclosure of such information for the foregoing purposes.
II. Website Terms and Conditions
By accessing, browsing and using NGP’s website, or any NGP mobile application, you agree to accept and abide by the Website Terms and Conditions. Throughout the Website Terms and Conditions, “NGP’s Website” also includes NGP’s mobile application.
If you do not agree to accept and abide by the Website Terms and Conditions, you may not access or use NGP’s Website. NGP has the right, in its sole discretion, to modify part or all of the Website Terms and Conditions at any time. Any change will be effective when notice of updated Website Terms and Conditions is posted above. Please review the Website Terms and Conditions frequently for updates. Your continued access, browsing or use of NGP’s Website after any such changes are posted will constitute acceptance of these changes.
All works, content and materials on NGP’s Website and mobile applications, including without limitation, all information, text, design, graphics, images, drawings, code and software (the “Materials”) and all organization and presentation of the Materials which form a part of NGP’s Website are the exclusive property of NGP or its licensors and are protected by intellectual property laws relating to copyrights, trademarks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on NGP’s Website shall be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party, except as expressly granted in these Website Terms and Conditions. The trademarks, service marks, logos, slogans and Internet domain names on NGP’s Website are the exclusive property of NGP or its licensors. Use of any such intellectual property, except as expressly authorized, shall constitute a violation of the rights of the owner of the intellectual property.
You agree that you shall:
- not copy, reproduce, republish, upload, post, transmit, or distribute the Materials from NGP’s Website in any way except that you have the right to download one copy of the Materials on any single computer, for your personal, non-commercial use only, provided that you keep intact all copyright, trademark and proprietary notices;
- use the Materials solely for lawful purposes;
- not create derivative works from, exploit or modify the Materials in any way;
- not interfere with the security of, or otherwise abuse NGP’s Website or any system resources, services or networks connected to or accessible through NGP’s Website; and
- acknowledge that the unauthorized use of the Materials may cause irreparable harm to NGP and that in the event of an unauthorized use, NGP shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with NGP.
No Endorsement of Third Parties
NGP may provide links to Internet websites of third parties for your convenience only. Because NGP has no control over such websites and resources therein, you acknowledge and agree that NGP is not responsible for the availability of such websites or resources, does not endorse and is not responsible or liable for any content, products or services or other materials or information on or available from any such websites. You acknowledge and agree that you access such websites at your own risk. You further acknowledge and agree that NGP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services other materials or information on or available through any such websites.
NGP assumes no responsibility and shall not be liable to you or to any other party for any damages to or any viruses, “Trojan horses”, “worms”, “cancelbots” or other harmful, disruptive or destructive files or computer programs that may infect your computer equipment or other property on account of your access to, use of or browsing on NGP’s Website or your downloading of any the Materials from NGP’s Website.
Information Supplied to NGP
With respect to any information and materials provided to NGP through the contact form on NGP’s Website, you acknowledge and agree that:
The information and materials become the property of NGP and are not confidential; and
NGP has no obligation regarding such information and materials and may use, reproduce and disclose the same for any purpose.
No Representation or Warranty
NGP’S WEBSITE AND ALL MATERIALS ON NGP’S WEBSITE OR MADE AVAILABLE THROUGH NGP’S WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF NGP’S WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS CONTAINED THEREIN. IN NO EVENT WILL NGP, ITS AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS, PARTNERS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOSS OF OPPORTUNITY, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR LOSS OF SAVINGS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF NGP’S WEBSITE.
You agree at all times to indemnify, defend and hold harmless NGP and its affiliates, subsidiaries, agents, licensors, suppliers, and their respective officers, directors and employees against all actions, claims proceedings, costs, demands, damages and liabilities whatsoever sustained, incurred or paid by NGP directly or indirectly in respect of:
any information, materials or other content you provide on or through NGP’s Website; or
your, or any party that you are responsible for or who accesses or uses NGP’s Website as a result of your use or misuse of the Materials on NGP’s Website, including, without limitation, infringement claims.
The Website Terms and Conditions are effective until terminated by NGP, which may take place at any time, with or without notice, in NGP’s sole discretion. Any such termination shall be in addition to and without prejudice to such rights and remedies as may be available to NGP.
NGP’s Website is controlled, operated and administered from Rochester, New York.
By using NGP’s Website, you acknowledge and agree that all matters relating to access to, or use of NGP’s Website shall be governed by the laws of the State of New York and the federal laws of the United States where applicable. You also agree that any dispute arising out of the use of NGP’s Website shall be brought in New York State Supreme Court, Monroe County or the United States District Court for the Western District of New York.
NGP’s failure to insist upon or enforce strict performance of any provision of the Website Terms and Conditions shall not be construed as a waiver of any provision or right.
Should any part of the Website Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Website Terms and Conditions had been eliminated.
The Website Terms and Conditions shall inure to the benefit of and be binding on NGP and you, and NGP and your permitted successors and assigns.
All rights not expressly granted herein are reserved.