Last Modified: March 28, 2023
These terms and conditions apply to the website they are posted on as well as any linked websites, services or materials that are under NGen’s control.
4. License Granted
Except as otherwise expressly stated, NGen, its affiliates, or third parties under specific third party license agreements with NGen, own all intellectual property rights to the material on our websites, and reserve all intellectual property rights thereto. NGen or its licensors own all rights, title and interest (inclusive of all intellectual property rights) in and to the Services and any and all software, content, methodologies, technology, designs, graphics, illustrations, logos and marks used by us to provide the Service or in connection therewith (“NGen IP”). You do not have any rights to, and may not, rent, lease, lend, sell, copy, transfer, reproduce, distribute, redistribute, sublicense, display, adapt or modify the Services or any NGen IP. All rights not expressly granted to you are retained by NGen.
6.2 You agree that you are responsible for any and all information you provide or input or post via the Services and you acknowledge and agree that if you provide personal information for yourself or any third party you are authorized to do so and accept full responsibility in relation thereto, including without limitation with respect to the accuracy of such information.
6.3 If you, for any reason, collect, store, or process personal information when using the Services, you must comply with all applicable privacy and data protection laws, taking into account the nature of the information to be processed. You agree and warrant that you are solely responsible when using the Services for complying with applicable data protection, security and privacy laws and regulations (including, where applicable the EU General Data Protection Regulation (“GDPR”), UK-GDPR (United Kingdom General Data Protection Regulation), and Mexico’s Federal Law for Protection of Personal Data in Possession of Private Individuals (Ley Federal de Protección de Datos Personales en Posesión de Particulares) (the “Data Protection Law”) and its Regulations, including any consent and notice requirements).
6.4 You acknowledge and agree that if you act on behalf of an entity or organization established in the EU or which does business in the EU, then we provide you with a platform only and in relation to your use of the Services and any collection, use or disclosure of information by you related thereto, you, and not NGen, are a data Controller, as such term is defined in the GDPR and you are solely responsible to comply with any and all obligations related thereto. This includes without limitation the collection and processing by you of any personal data, when you use the Services or Services provided by third parties in conjunction with your use of the Services to collect personal information from individuals or other parties, send marketing and other electronic communications to individuals and when using cookies and similar technologies in conjunction with the Services.
6.5 You represent and warrant to NGen: (i) that in respect of your use of the Services, you acknowledge and agree that you are solely responsible for any and all compliance with the GDPR and all applicable privacy laws; (ii) that in respect of your use of the Services, you, and not NGen, are a Controller (as such term is defined in the GDPR) for the information you collect and use for the purposes of your business and/or related to your use of the Services; and (iii) that you have conducted, and will at all times conduct, your business and your use of the Services, in compliance with all applicable privacy laws, including but not limited to the GDPR.
6.6 You shall defend, indemnify and hold harmless NGen and its affiliates, officers, employees, agents, successors and assigns (a “NGen Party”), from and against any and all fines, suits, actions, proceedings, claims, demands, debts, obligations, settlements, losses, damages, liabilities, costs and expenses (including reasonable legal and professional fees and costs) arising from or in any way connected to: (i) any breach of this Section 6, including but not limited to any failure to comply with the GDPR or other applicable privacy laws; and (ii) any claim against NGen or a NGen Party by any third party to the extent caused by, relating to or arising in connection with any act or omission of or by you or a party related to you in the performance of this Section 4, and/or compliance with the GDPR or other applicable privacy laws.
8. General Disclaimer
8.1 The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind, express or implied. Without limiting the foregoing, NGen explicitly disclaims any warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing or usage or trade, to the fullest extent permitted by applicable law.
8.2 NGen does not warrant that a) the Services will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; d) the information and descriptions contained on the Services are accurate; or (e) the results of using the Services will meet your requirements.
8.3 The Services may contain hyperlinks to the web pages of third parties. NGen shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as NGen does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at your sole risk.9. Limitations of Liability
9.1 The information on the Services is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable with respect to the Services and the information contained within.
9.2 Our liability and that of our affiliates and third party licensors is limited and excluded to the maximum extent permitted under applicable law.
9.4 NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THESE TERMS, THE LIABILITY OF NGEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, LICENSORS AND ANY OTHER PARTY INVOLVED SHALL NOT EXCEED, IN THE AGGREGATE, FOR ANY AND ALL CLAIMS IN CONNECTION WITH THESE TERMS, ONE HUNDRED DOLLARS ($100).
9.5 You release NGen from any and all liability, damages, or loss, whether economic or non-economic, of any type or character, arising out of or in connection with the Services, whether based on warranty, contract or tort (including negligence), product liability or any other legal theory, to the maximum extent permitted by law.
11. User Content
11.1 With respect to any material or information that you submit on our website, except as otherwise provided by applicable law, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to use and reproduce such information.12. Governing Law and Jurisdiction
12.2 The place of jurisdiction shall be Hamilton, Ontario.
12.3 NGen makes no representation that information, and/or documentation on the Services are appropriate or available for viewing or downloading at locations outside of Canada. If users access the Services from outside Canada, they are exclusively responsible for compliance with all applicable local laws.13. No Partnership
16. How to Contact Us
The full name of NGen is Next Generation Manufacturing Canada and our address is:
McMaster Innovation Park - #301
175 Longwood Road S., Hamilton, ON,
If you have any questions, please email us at firstname.lastname@example.org.