1. Agreement to these Terms
These Terms and Conditions ("Terms") are a legal agreement between you and Next Gen Medical Systems LLC, doing business as Next Gen Medical ("Next Gen," "we," "us," or "our"). By accessing or using a website that links to these Terms, submitting a public form, or using a related public-facing feature, you agree to these Terms and our Privacy Policy.
If you use the site on behalf of a clinic, practice, company, or other organization, you represent that you have authority to bind that organization. If you do not agree, do not use the site.
2. Services and eligibility
Next Gen provides professional education and community offerings, practitioner-facing supply access, representative and referral programs, business-growth services, software-enabled workflows, and related information. Features and availability may change, and access to some services requires approval, credential verification, payment, or a separate written agreement.
You must be at least 18 years old and legally able to enter into a contract to use the site. Practitioner-only offerings are available only to appropriately licensed or otherwise qualified professionals and authorized organizations. We may request information reasonably necessary to verify eligibility.
Site content is general information and is not an offer where prohibited. Joining a waitlist, submitting an application, or requesting access does not guarantee acceptance, product availability, territory, pricing, financing, or a particular launch date.
3. Medical, regulatory, and professional use
The site does not establish a provider-patient relationship and does not provide individualized medical advice, diagnosis, treatment, prescribing, or emergency care. If you are experiencing an emergency, contact emergency services or an appropriate licensed clinician.
Educational, product, protocol, technology, and AI-assisted materials are provided for qualified professional users. They do not replace independent clinical judgment, product labeling, informed consent, training, licensure requirements, or applicable law. You are solely responsible for determining whether and how any information, product, workflow, or service may lawfully and appropriately be used in your practice and jurisdiction.
References to human cellular and tissue products (HCT/Ps), biologics, peptides, devices, or other professional products do not state or imply FDA approval for the treatment of a disease or condition. Product availability, classification, intended use, documentation, shipping, handling, and professional eligibility are governed by applicable law, manufacturer or processor documentation, and any supply agreement.
Do not submit patient records, treatment details, or protected health information through a public website form. Where services require access to protected health information, the parties must use the approved secure systems and any applicable business associate agreement.
4. Accounts, security, and submissions
You agree to provide accurate, current information and to keep account credentials confidential. You are responsible for activity under your account and for notifying us promptly of suspected unauthorized access. We may suspend access while investigating a security, eligibility, compliance, or payment issue.
You retain ownership of content you submit. You grant Next Gen a non-exclusive, worldwide, royalty-free license to host, process, reproduce, and use that content only as reasonably necessary to operate, support, secure, and improve the requested services or as otherwise permitted by a separate agreement. You represent that you have the rights and permissions needed to provide the content.
Feedback and suggestions may be used without restriction or compensation, provided we do not publicly identify you without permission.
5. Paid services, subscriptions, and orders
Prices, deposits, recurring charges, activation timing, taxes, cancellation rights, refund terms, shipping terms, and deliverables will be shown at checkout or stated in the applicable order form, supply agreement, statement of work, membership agreement, or other written agreement. Those service-specific terms control if they conflict with these Terms.
You authorize our payment processor to charge the payment method you provide for the amounts and schedule you approve. You are responsible for accurate billing information and applicable taxes. We may pause or terminate a paid service for nonpayment as allowed by the applicable agreement and law.
An online order or checkout submission is subject to acceptance. We may reject or cancel an order because of eligibility, availability, pricing or description errors, suspected fraud, compliance concerns, or legal restrictions. If a charge has already been captured for a canceled order, the applicable refund will be handled under the governing order terms.
6. Growth OS, communications, and representative programs
Growth and technology services
Growth OS and related services are business, marketing, and practice-operations services. They are not medical devices, do not provide clinical decision support, and do not guarantee leads, appointments, revenue, patient outcomes, search rankings, advertising approval, or platform availability. Results depend on many factors outside our control.
Clients remain responsible for approving content, audiences, claims, offers, automations, and communications and for obtaining required patient or consumer consent. Automated email, text, voice, advertising, and data workflows must be used in accordance with applicable privacy, healthcare, advertising, and telecommunications laws and platform rules.
Representative and referral programs
Information about representative or referral opportunities is general. Participation, independent-contractor status, territory, attribution, commission rates, eligibility, payment cadence, and restrictions are established only in a signed written agreement. No employment, earnings, commission, or exclusive territory is promised by the website.
7. Acceptable use
You may not:
- use the site or services for unlawful, fraudulent, deceptive, unsafe, or unauthorized purposes;
- submit information you do not have the right to provide, including patient information through a public form;
- misrepresent your identity, credentials, authority, eligibility, affiliation, or intended use;
- interfere with security or operation, probe for vulnerabilities, bypass access controls, introduce malicious code, scrape at unreasonable volume, or use automated means contrary to our instructions;
- copy, resell, reverse engineer, or exploit protected site or service components except as allowed by law or written permission; or
- use our name, materials, or services to make unapproved medical, regulatory, product, income, or performance claims.
8. Intellectual property
The site and its text, graphics, branding, logos, software, workflows, designs, training materials, and other content are owned by or licensed to Next Gen and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the public site for its intended business and informational purposes.
Nothing in these Terms transfers ownership of Next Gen intellectual property. Any use of our names, marks, content, protocols, or materials outside the intended service requires prior written permission unless applicable law expressly permits it.
9. Third-party services and links
The site may link to or integrate services operated by third parties, including payment, scheduling, analytics, communication, hosting, and member-platform providers. We do not control third-party services and are not responsible for their independent terms, privacy practices, availability, security, or content. Your use of them may be governed by separate terms.
10. Disclaimers, limitation of liability, and indemnity
To the fullest extent permitted by law, the public site and its content are provided “as is” and “as available.” Next Gen disclaims implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted availability. We do not warrant that the site will be error-free, secure, or suitable for a particular clinical, regulatory, business, or technical purpose.
To the fullest extent permitted by law, Next Gen and its owners, officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities arising from the public site. Our aggregate liability arising from the public site will not exceed the greater of $100 or the amount you paid Next Gen specifically for the service giving rise to the claim during the 12 months before the event. Service-specific agreements may establish a different limit.
Some jurisdictions do not allow certain warranty exclusions or liability limits, so portions of this section may not apply to you.
You agree to defend, indemnify, and hold Next Gen and its owners, officers, employees, contractors, and affiliates harmless from third-party claims, losses, and reasonable costs arising from your unlawful use of the site, your content, your violation of these Terms, or your infringement of another person’s rights. This obligation does not apply to the extent a claim results from Next Gen’s own unlawful conduct.
11. Suspension, changes, and general terms
We may restrict or terminate access to the public site or a feature if reasonably necessary for security, compliance, maintenance, legal requirements, or a material violation of these Terms. Terms governing a paid service or account may provide additional termination rights.
We may update these Terms by posting a revised version and changing the date above. Changes apply prospectively when posted unless a later date is stated. Your continued use after the effective date constitutes acceptance of the revised Terms.
These Terms are governed by applicable U.S. federal law and the laws of the state where Next Gen has its principal place of business, without regard to conflict-of-law rules. Any dispute not governed by a separate written agreement must be brought in a court with jurisdiction over that location, unless applicable law requires otherwise.
If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a reorganization, financing, merger, sale, or transfer of the applicable business. These Terms, the Privacy Policy, and any applicable service-specific agreement are the entire agreement for their subject matter. Service-specific agreements control in the event of a conflict.
Contact us
Next Gen Medical Systems LLC
Email: contact@thenextgenmedical.com
Website: www.thenextgenmedical.com