AGREEMENT TO OUR LEGAL TERMS
We are NextHDD, operating under the name NextHDD (“Company,” “we,” “us,” “our”), a company registered at 4263 Bay St. Fremont CA 94538, USA
We manage the website https://nexthdd.com (the “Website”) along with any associated products and services that reference or link to these legal terms (collectively, the “Services”).
You can contact us via email at support@nexthdd.com or call at +1 (877) 261-9475
These legal terms (“Terms”) constitute a binding agreement between you (“you”), whether an individual or on behalf of an entity, and NextHDD concerning your access to and use of our Services. By using the Services, you confirm that you have read, understood, and agreed to comply with these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Supplementary terms, policies, or documents may be posted on the Website occasionally and are hereby incorporated by reference into these Terms. NextHDD reserves the right to modify these Terms at its sole discretion at any time and for any reason. We will notify you of changes by updating the “Effective Date” at the top of these Terms. Your continued use of the Services after any updates constitutes your acknowledgment and acceptance of the revised Terms.
The Services are intended for individuals who are 18 years or older. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print or save a copy of these Terms for your records.
Our Services
The information and content provided through the Services are not intended for distribution or use by any individual or entity in jurisdictions or countries where such distribution or use would violate applicable laws or regulations or impose any registration requirements on us within those jurisdictions or countries. Users accessing the Services from such locations do so at their own risk and are solely responsible for ensuring compliance with local laws where applicable.
Furthermore, the Services are not designed to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or other similar legal frameworks. Therefore, if your activities are subject to such regulations, you are prohibited from using the Services. Additionally, any use of the Services that contravenes the Gramm-Leach-Bliley Act (GLBA) or similar regulations is strictly forbidden.
INTELLECTUAL PROPERTY RIGHTS
We own or are licensed to use all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively, the "Content"), as well as trademarks, service marks, and logos (the "Marks").
Our Content and Marks are safeguarded by copyright, trademark laws, and other applicable intellectual property and competition laws globally.
The Content and Marks are provided "AS IS" through the Services for personal, non-commercial use or internal business purposes only.
Your Use of Our Services
By adhering to these Legal Terms, including the "PROHIBITED ACTIVITIES" section, we grant you a limited, non-exclusive, non-transferable, revocable license to:
Unless expressly allowed in these Legal Terms, you may not copy, reproduce, aggregate, republish, upload, post, display publicly, encode, translate, transmit, distribute, sell, license, or exploit any part of the Services, Content, or Marks for commercial purposes without prior written permission from us.
If you wish to use the Services, Content, or Marks beyond what is outlined here, send your request to support@nexthdd.com. If permission is granted, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and display all applicable copyright or proprietary notices.
All rights not explicitly granted to you are reserved by us. Breaching these Intellectual Property Rights constitutes a material violation of our Legal Terms and will result in the immediate termination of your access to the Services.
Your Submissions
Before posting or uploading content, review this section and the "PROHIBITED ACTIVITIES" section to understand your rights and obligations.
You are solely responsible for your Submissions and agree to indemnify us against any losses resulting from violations of this section, third-party intellectual property rights, or applicable laws.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change
PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- Wire Transfer
By using the Services, you agree to provide accurate, up-to-date, and complete information for all purchases, including your account and payment details. You also agree to promptly update your information, such as email address, payment method, and payment card expiration date, to ensure we can process your transactions and contact you when necessary. Sales tax will be applied to your purchases as required. Prices may be changed at any time, and all payments will be made in US dollars.
You agree to pay all charges, including applicable shipping fees, at the current prices for your purchases, and authorize us to charge your selected payment method for these amounts when placing your order. We reserve the right to correct any pricing errors, even after payment has been processed.
We reserve the right to decline any order placed through the Services. Additionally, we may limit or cancel the quantities purchased per person, household, or order at our discretion. This includes orders placed through the same customer account, using the same payment method, or shipping and billing addresses. We also reserve the right to restrict or cancel orders that appear to be placed by dealers, resellers, or distributors at our sole discretion.
RETURN POLICY
Please review our Return Policy posted on the Services prior to making any purchases.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content.
CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process, and use any information and personal data you provide, in accordance with the Privacy Policy and your preferences (including settings).
By submitting suggestions or feedback about the Services, you consent to our use and sharing of this feedback for any purpose, without any obligation to provide compensation.
GUIDELINES FOR REVIEWS
We may offer areas on the Services where you can leave reviews or ratings. When posting a review, you agree to adhere to the following guidelines: (1) you must have firsthand experience with the person or entity being reviewed; (2) your reviews must not include offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should avoid discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not reference illegal activity; (5) you should not be affiliated with competitors when posting negative reviews; (6) you must not make any statements about the legality of conduct; (7) you may not post false or misleading information; and (8) you may not organize campaigns encouraging others to post reviews, whether positive or negative.
We reserve the right to accept, reject, or remove reviews at our sole discretion. We are under no obligation to screen or delete reviews, even if some may be considered objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or those of our affiliates or partners. We are not liable for any reviews or any claims, damages, or losses resulting from them. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to the review
THIRD-PARTY WEBSITES AND CONTENT
The Services may include links to third-party websites ("Third-Party Websites") and may feature content such as articles, photographs, text, graphics, videos, music, sound, information, applications, software, and other materials originating from third parties ("Third-Party Content"). We do not monitor, investigate, or verify the accuracy, appropriateness, or completeness of these Third-Party Websites or Third-Party Content. Therefore, we are not responsible for any Third-Party Websites you access through the Services or any Third-Party Content available or installed from the Services, including its content, accuracy, opinions, reliability, privacy practices, or other policies. The inclusion of links to or permission to use or install Third-Party Websites or Content does not imply our endorsement or approval.
If you leave the Services to access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and these Legal Terms no longer apply. We encourage you to review the terms and policies, including privacy practices, of any website you visit through the Services or any application you use or install. Any purchases made through Third-Party Websites are handled by the third-party website and the respective company, and we are not responsible for those transactions. You agree that we do not endorse the products or services offered on Third-Party Websites, and you will not hold us liable for any harm or losses resulting from your purchase of such products or services. Additionally, you agree to hold us harmless from any losses or harm caused by your interaction with Third-Party Websites or Third-Party Content.
SERVICES MANAGEMENT
We reserve the right, but are not obligated, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against any individual who, in our sole discretion, violates the law or these Legal Terms, including reporting such individuals to law enforcement authorities; (3) refuse, restrict access to, limit availability of, or disable (where technologically feasible) any of your Contributions or parts of them, at our discretion; (4) remove or disable files and content from the Services that are excessively large or burdensome to our systems, without notice or liability, at our discretion; and (5) manage the Services in a way that protects our rights and property and ensures the proper functioning of the Services.
PRIVACY POLICY
We prioritize data privacy and security. Please review our Privacy Policy at: https://nexthdd.com/privacy-policy . By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in the United States. If you access the Services from a region with laws or regulations regarding personal data collection, use, or disclosure that differ from those in the United States, by continuing to use the Services, you are transferring your data to the United States and expressly consent to having your data processed there.
TERM AND TERMINATION
These Legal Terms will remain in full effect as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO RESTRICT OR DENY ACCESS TO THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY REASON OR NO REASON, INCLUDING, BUT NOT LIMITED TO, A BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT UNDER THESE LEGAL TERMS OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fictitious name, a borrowed name, or a third party’s name, even if acting on behalf of that third party. In addition to account termination or suspension, we reserve the right to take legal action as deemed appropriate, including civil, criminal, and injunctive remedies.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove any content on the Services at our sole discretion, at any time, and without notice. However, we are not obligated to update any information on the Services. Additionally, we may modify or discontinue all or part of the Services without prior notice. We will not be liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Services.
We cannot guarantee that the Services will be available at all times. Technical issues, such as hardware or software problems, or necessary maintenance may cause interruptions, delays, or errors. We reserve the right to modify, suspend, or discontinue the Services at any time, for any reason, and without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuation. Nothing in these Legal Terms obligates us to maintain, support, or provide updates, corrections, or new releases for the Services.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by and interpreted in accordance with the laws of the State of California, applicable to agreements made and fully performed within the state, without considering its conflict of law principles.
DISPUTE RESOLUTION
Any legal action, regardless of its nature, initiated by either you or us (collectively, the "Parties" and individually, a "Party") shall be filed and pursued in the state and federal courts located in Fremont, California. The Parties hereby consent to and waive all defenses related to lack of personal jurisdiction and forum non-conveniens regarding venue and jurisdiction in these courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply to these Legal Terms. No claim, action, or proceeding related to the Services may be initiated by either Party more than one (1) year after the cause of action arises.
CORRECTIONS
There may be instances where the Services include typographical errors, inaccuracies, or omissions, particularly in descriptions, pricing, availability, or other details. We reserve the right to correct such errors, inaccuracies, or omissions and to modify or update the information on the Services at any time, without prior notice.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will retain certain data that you transmit to the Services to manage their performance, as well as data related to your use of the Services. While we regularly perform routine backups, you are solely responsible for all data you transmit or that relates to any activities you engage in using the Services. You agree that we will not be liable for any loss or corruption of such data, and you hereby waive any right to take action against us for any such loss or corruption.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By accessing our Services, sending emails, or filling out online forms, you are engaging in electronic communications. You consent to receive such communications electronically and agree that all agreements, notices, disclosures, and other messages we provide electronically—whether via email or through the Services—fulfill any legal requirement for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS CONDUCTED THROUGH OUR SERVICES. Furthermore, you waive any rights or requirements under laws, regulations, or statutes that mandate original signatures, non-electronic document delivery or retention, or payments and credits processed by non-electronic means.
CALIFORNIA USERS AND RESIDENTS
If you have a complaint that remains unresolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services, part of the California Department of Consumer Affairs. You can reach them by mail at 4263 Bay St. Fremont CA 94538, or by phone at (877) 261-9475
MISCELLANEOUS
These Legal Terms, along with any policies or operating rules we post on the Services or in relation to the Services, represent the entire agreement between you and us. Our failure to enforce or exercise any right or provision of these Legal Terms will not be considered a waiver of that right or provision. These Legal Terms are enforceable to the fullest extent permitted by law. We may assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision will be severed from these Legal Terms, and the remaining provisions will continue in full force. Nothing in these Legal Terms creates a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms will not be interpreted against us simply because we drafted them. You waive any defenses based on the electronic format of these Legal Terms or the lack of signatures by the parties to execute them.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
For support or inquiries, contact: NextHDD
4263 Bay St. Fremont CA 94538, USA
Phone: (+1) (877) 261-9475
Email: support@nexthdd.com
DISCLAIMER
WEBSITE DISCLAIMER
The information provided by Hard Disk Direct ("we," "us," or "our") on https://nexthdd.com/ (the "Site") is for general informational purposes only. While we strive to provide accurate and up-to-date information, we make no guarantees, whether expressed or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of the content on the Site. Under no circumstances shall we be held liable for any loss or damage incurred as a result of your use of the Site or reliance on the information provided. Your use of the Site and reliance on any information is solely at your own risk.
EXTERNAL LINKS DISCLAIMER
The Site may include links to third-party websites, content, or features, including banners or advertisements. We do not monitor, investigate, or verify the accuracy, adequacy, validity, reliability, or availability of these external links. We do not warrant, endorse, or guarantee the accuracy or reliability of information provided by third-party websites or any features linked through the Site. Additionally, we are not responsible for any transactions between you and third-party providers of products or services. Proceed at your own discretion.
TESTIMONIALS DISCLAIMER
The Site may feature testimonials from users of our products and services. These testimonials reflect the real-life experiences and opinions of individual users, but they are not necessarily representative of all users. We make no claims or guarantees that every user will achieve similar results. Your individual experience may vary.
Testimonials are submitted in various formats, such as text, audio, or video, and are reviewed by us prior to publication. Except for minor corrections (e.g., grammar or typos), testimonials are posted as provided. For brevity, some testimonials may be shortened to exclude irrelevant or extraneous information.
The views and opinions expressed in testimonials are solely those of the users and do not reflect our own views or opinions. We are not affiliated with, nor do we compensate, individuals who provide testimonials.