1.1 These terms and conditions shall govern your use of NextGenTest.
1.2 By using NextGenTest, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use NextGenTest.
1.3 [You must be at least  years of age to use NextGenTest; and by using NextGenTest or agreeing to these terms and conditions, you warrant and represent to us that you are at least  years of age.]
2.1 Copyright (c)  [NextGen Material Testing Inc].
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in NextGenTest and the material on NextGenTest; and
(b) all the copyright and other intellectual property rights in NextGenTest and the material on NextGenTest are reserved.
4.1 You may:
(a) view pages from NextGenTest in a web browser;
(b) download pages from NextGenTest for caching in a web browser;
(c) print pages from NextGenTest;
(d) [stream audio and video files from NextGenTest;
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from NextGenTest or save any such material to your computer.
4.3 [You may only use NextGenTest for [your own personal and business purposes], and you must not use NextGenTest for any other purposes.]
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on NextGenTest.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from NextGenTest (including republication on another website);
(b) sell, rent or sub-license material from NextGenTest;
(c) show any material from NextGenTest in public;
(d) exploit material from NextGenTest for a commercial purpose; or
(e) redistribute material from NextGenTest.
4.6 [Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].]
4.7 We reserve the right to restrict access to areas of NextGenTest, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on NextGenTest.
5.1 You must not:
(a) use NextGenTest in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use NextGenTest in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use NextGenTest to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to NextGenTest without our express written consent;
(e) [access or otherwise interact with NextGenTest using any robot, spider or other automated means;]
(f) [violate the directives set out in the robots.txt file for NextGenTest; or]
(g) [use data collected from NextGenTest for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]
5.2 [You must not use data collected from NextGenTest to contact individuals, companies or other persons or entities.]
5.3 You must ensure that all the information you supply to us through NextGenTest, or in relation to NextGenTest, is [true, accurate, current, complete and non-misleading].
6.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on NextGenTest;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
6.2 We reserve the right to discontinue or alter any or all of NextGenTest services, and to stop publishing NextGenTest, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, NextGenTest and the use of NextGenTest.
7.1 These terms and conditions:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:
(a) Are subject to Section 7.1; and
(b) Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
7.3 To the extent that NextGenTest and the information and services on NextGenTest are provided free of charge, we will not be liable for any loss or damage of any nature.
7.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions
8.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to NextGenTest;
(c) Permanently prohibit you from accessing NextGenTest;
(d) Block computers using your IP address from accessing NextGenTest;
(e) Contact any or all your internet service providers and request that they block your access to NextGenTest;
(f) Commence legal action against you, whether for breach of contract or otherwise; and/or
(g) Suspend or delete your account on NextGenTest.
8.2 Where we suspend or prohibit or block your access to NextGenTest or a part of NextGenTest, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
9.1 We may revise these terms and conditions from time to time.
9.2 [The revised terms and conditions shall apply to the use of NextGenTest from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of NextGenTest from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using NextGenTest.
9.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
11.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
11.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
12.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
12.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
13.1 Subject to Section 7.1, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of NextGenTest and shall supersede all previous agreements between you and us in relation to your use of NextGenTest.