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Terms of Use

These Terms of Use are a contract between you and NuGEN Technologies, Inc. (“NuGEN”), a company with a principle place of business at 821 Industrial Road, Unit A, San Carlos, CA 94070 USA. NuGEN operates www.nugeninc.com (collectively, with any successor websites, the “Websites”). By using the Websites and any services accessible from the Websites, you are agreeing to be bound by the following terms and conditions, including any additional guidelines, and any future modifications (collectively the “Terms of Use”). If you do not agree to these Terms of Use, do not visit or use the Websites.

THE WEBSITES ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITES BY NUGEN. By using the Websites, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Websites by NuGEN. In any case, you affirm that you are over the age of 13, as the Websites are not intended for children under 13.

1. Ownership of Content.
The Websites are owned and operated by NuGEN. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Websites (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Websites are the property of NuGEN or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, logos and service marks displayed on the Websites, whether registered or unregistered, are owned exclusively by NuGEN or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials, shall be construed as granting you any license or right in or to any trademark, logo, or service mark. NuGEN reserves all rights not expressly granted in this Terms of Use.

2. License
NuGEN hereby grants you a nontransferable, nonexclusive license to use the Materials contained on the Websites solely for your own personal, non-commercial use, and information. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you shall not otherwise reproduce, display, publish, distribute, sell, license, or modify the Materials or incorporate the Materials into other documents, websites, or publications.

3. Privacy
You confirm that you have read and accept our Privacy Policy.

4. Modification of these Terms of Use; Termination.
NuGEN reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Websites after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Use, such amended terms will automatically be effective thirty days after they are initially posted on the Websites. NuGEN reserves the right to limit, suspect or terminate your access and use of the Websites at any time without notice.

5. Prohibited Conduct
As a condition to your use of the Websites, you agree not to:
5.1 use the Websites for any purposes other than to access Materials;
5.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
5.3 impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Websites, or perform any other similar fraudulent activity;
5.4 delete the copyright or other proprietary rights on the Websites;
5.5 use the Websites for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
5.6 use the Websites if you are under the age of 18 years old;
5.7 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Websites, features that prevent or restrict use or copying of any content accessible through the Websites, or features that enforce limitations on the use of the Websites;
5.8 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Websites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
5.9 modify, adapt, translate or create derivative works based upon the Websites or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
5.10 intentionally interfere with or damage operation of the Websites or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

6. Third-Party Sites, Products and Services; Links.
The Websites may include links or references to other external websites or services solely as a convenience to users (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom NuGEN has no control. NuGEN does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK, AND NUGEN MAKES NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, WITH RESPECT TO THE REFERENCE SITES. You acknowledge and agree that NuGEN 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 information, materials, products, or services contained on or accessible through Reference Sites.

7. Disclaimer of Warranties
THE WEBSITES AND MATERIALS MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. THE WEBSITES AND MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS. NUGEN DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY OR IMPLIED WITH RESPECT TO THE WEBSITES OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability and Damages
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NUGEN HEREBY DISCLAIMS, AND IN NO EVENT SHALL NUGEN OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THE WEBSITES, BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THE WEBSITES OR ANY MATERIALS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF NUGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NUGEN SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE MATERIALS. IN NO EVENT WILL NUGEN’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITES EXCEED ONE HUNDRED DOLLARS.

9. Indemnification
You agree to indemnify, save, and hold NuGEN, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Websites, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. NuGEN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NuGEN, and you agree to cooperate with NuGEN’s defense of these claims. NuGEN will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Special Considerations for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.

11. Forward-Looking Statements
These Websites may contain forward-looking statements. These statements relate to future events or the future performance of NuGEN. We have attempted to identify these statements by terminology including "anticipate," "believe," "can," "continue," "could," "estimate," "expect," "intend," "may," "plan," "potential," "predict," "should," or "will" or the negative of these terms or other comparable terminology. These statements are only predictions and involve known and unknown risks, uncertainties, and other factors. The information in such discussions covers certain risks, uncertainties, and possible inaccurate assumptions that could cause actual results to differ materially from the expected and historical results. NuGEN reserves the right to modify, in part or in whole, or temporarily or permanently discontinue or remove any material from these Websites at any time without notice to you, and without any liability to you.

12. Miscellaneous
These Terms of Use constitute the entire agreement between you and NuGEN and govern your use of the Websites, superseding any prior agreements between you and NuGEN (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by NuGEN. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Websites shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. The failure of NuGEN to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BROUGHT AGAINST NUGEN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND EMPLOYEES, ARISING OUT OF OR RELATED TO USE OF THE WEBSITES OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. NuGEN may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Websites. Notice will be deemed given twenty-four hours after email is sent, unless NuGEN is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Websites. In such case, notice will be deemed given three days after the date of mailing. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Last Updated: March 31, 2008