End User License Agreement

This Agreement is entered into by and between NextGen Environmental Research Inc., a Canadian corporation, and the person agreeing to this ANGLERS LEADERBOARD™  END USER LICENSE AGREEMENT (the "Customer").  This Agreement is effective as of the date you click the "I ACCEPT" button below (the "Effective Date") and represents a legally binding agreement.  This license expires 365 days after purchase in each applicable year and a new license must be purchased annually when available.

You can only subscribe on your own behalf, you represent and warrant to NextGen that: (i) you are eighteen years of age or older (i.e. a legal adult in your place of permanent residence) and have capacity to enter into this Agreement, (ii) you have read and understood this Agreement, and (iii) you agree to the terms set out in this Agreement.  If you are accepting on behalf of another entity or person, you represent and warrant to NexGen that:  (i) you have full legal authority to bind the applicable entity or person, to these terms and conditions; (ii) you have read and understood this Agreement; (iii) you have advised such other entity or person of these terms and conditions and made a copy available to them (by going to the https://www.anglersleaderboard.com website and providing such person with a printed copy of this Agreement), and (iv) you agree to the terms set out in this Agreement as their authorized agent or representative.  If you are unable to make these representations and warranties to NextGen, please do not click the "I ACCEPT" button below and you and any third party are prohibited from making any use of the Application.

1. Grant of License.  NextGen hereby grants to the Customer a geographically limited, non-exclusive, non-transferable license to install and use the Application, in executable form only, solely for the Customer's own personal use or internal business use as the case may be, on a subscription basis, all on the terms and conditions set out in this Agreement.  The Application is intended for use on browsers on specific unaltered desktop and mobile devices, namely those devices using an iOS operating system (iOS 4 and up), an Android operating system (Android 2.3 and up) or for Blackberry devices (Blackberry 6 OS and up) and desktop devices, and NextGen makes no representations or warranties concerning the operation of the Application on other devices or should the manufacturer make adjustments to existing devices or operating systems from time to time.  Please note that while NextGen makes reasonable efforts to accommodate for developments in technology regarding the use and functionality of the Application, there may be a lapse in time between the release date of new hardware, operating systems or otherwise from a manufacturer, and the release of a version of the Application intended to run specifically in connection with same.  To ensure that the Application will run with recently released hardware or operating systems, it is incumbent for the Customer to check our website at https://www.anglersleaderboard.com to ensure compatibility and NextGen accepts no responsibility for the failure of any Customer to do so.

2. Changes to Terms.  NextGen reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of the terms and conditions set out in this Agreement upon the provision of notice.  Such notice shall be provided by placing a notice on the Anglers Leaderboard™ Website at https://www.anglersleaderboard.com and the date of any such update or change will be shown.  Customer acknowledges that it is Customer's sole responsibility to check the Anglers Leaderboard™ website for such updates or changes on a regular basis and that the terms of such updates or changes will be legally binding on the Customer upon posting by NextGen and form part of this Agreement.

3. Changes to the Application.  NextGen also reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise amend or make adjustments to the Application, including without limitation with respect to its features and functionality, from time to time, without notice to the Customer.  Updates may be available for download from time to time from https://www.anglersleaderboard.com.  Depending on the nature of your device and your user settings, you may have the option of receiving updates automatically – NextGen accepts no responsibility for any user settings, and same are entirely the responsibility and at the sole risk of the Customer. Unless NextGen explicitly states otherwise, any such amendments or adjustments (whether or not any new features or functionality are included) shall be subject to this ANGLERS LEADERBOARD™ END USER LICENSE AGREEMENT.

4. Application - Ownership and Property Rights.  NextGen retains ownership of the Application and all source code associated therewith, and all rights not expressly granted to this Customer under this Agreement, which is protected by applicable copyright, patent, trademark and/or trade secret laws, are reserved.  Customer agrees to display the proper copyright, trademark, trade secret and other proprietary notices as set by NextGen from time to time in connection with the Application.  Customer agrees not to remove any product identification or notices of the Application's proprietary restrictions which are displayed when using the Application.  The Customer further agrees as follows:

a. Non-commercial use by users. The Service is for personal use only, unless authorized by NextGen in writing;

b. Not to transfer or otherwise make available the Application to outside individuals, firms or other third parties;

c. Not to copy or otherwise reproduce or permit the copying or other reproduction of all or any part of the Application or information contained therein;

d. Not to reverse engineer, decompile, disassemble, create derivative works based on the Application or in any way derive the source code from the Application;

e. Not to modify, adapt, translate into other programming forms or languages or extend the Application to operate in other environments or on other platforms;

f. Not to resell or otherwise provide services using the Application or in any way represent an entitlement to provide or use the Application for the benefit of third parties who would otherwise have to purchase a copy of their own;

g. Not to grant sublicenses of or transfer (including transfer by rental) the Application or the right to use same to benefit any third party; and

h. Not to take any measure to download Application modules or elements for use in association with the Applications except those purchased from NextGen.

5. Trade-marks.  Customer acknowledges and agrees that all trade names, trademarks, service marks, logos, domain names or other distinctive brand features may not be used by Customer without the prior written consent of NextGen.

6. User Content.  In order to use the Application, all Customers are required to establish a customer account ("Customer Account") and to complete a customer profile ("Customer Profile").  All Customers must establish a user name and password in accordance with the terms and conditions set out in section 8 of this Agreement in order to establish and restrict access to their respective Customer Accounts.  Customers are completely and solely responsible for all use of his/her Customer Account.

All Customers must also complete a Customer Profile and provide information (which may include, without limitation, personal information) in order to facilitate the use certain functional features of the Application.  This may include, without limitation and for example only, information with respect to: identity verification (such as, for example personal identification, age, photographs, address and contact information, date of birth), remote check-ins, certain security and information gathering features (which may include manual or automated audio and video recording elements), location tracking, emergency contact details and relevant medical information to assist in the event of an emergency, credit card and other payment or statement information.  Any such information entered by the Customer in connection with his or her Customer Profile or which is gathered or obtained in the course of using the Application, may be stored by NextGen (directly or by or through its affiliates, agents or designates) or may be stored directly on Customer's web or mobile device.  Customer acknowledges and agrees that when Customer elects to use certain features of the Application, certain information collected in the course of use of the Application may be automatically transmitted to NextGen (or its affiliates, agents or designates) for use in connection with the Application and any services associated with use of the Application.  The information transmitted to or stored by NextGen (or its affiliates, agents or designates) may be stored outside of Canada.

CUSTOMER AGREES THAT ALL INFORMATION SET OUT IN HIS/HER CUSTOMER PROFILE WILL BE COMPLETE AND ACCURATE, AND THAT HE/SHE WILL REVIEW AND UPDATE SUCH INFORMATION ON A REGULAR BASIS TO ENSURE ONGOING ACCURACY AND COMPLETENESS.  ALL PERSONAL INFORMATION COLLECTED, TRANSMITTED OR OTHERWISE STORED BY NEXTGEN IN CONNECTION WITH CUSTOMER'S CUSTOMER ACCOUNT AND CUSTOMER PROFILE WILL BE HANDLED IN ACCORDANCE WITH NEXTGEN'S PRIVACY PRACTICES AS SET OUT IN SECTION 14.

7. Customer Obligations.  In order to use the Application for its intended purposes, Customer acknowledges that he/she/it must download/access the Application from an authorized site to be used in connection with a designated mobile device in the Customer's mobile service area.  Customer's mobile device must have sufficient memory storage capacity to permit the proper operation of the Application and to permit the storage of relevant data.  Customer acknowledges and agrees that he/she/it is solely responsible to ensure that Customer maintains an account in good standing with a mobile service provider and is responsible for payment of any and all charges in connection with such account, including in connection with use of the Application.   Customer should be aware that his/her/its network provider may charge Customer for access to its network, the duration of Customer's web or mobile phone's or device's connection to the network and the data volume used to use the Application and any associated monitoring or other services.  NEXTGEN WILL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SUCH FEES, CHARGES OR OTHERWISE. 

8. Customer Account.

8.1. Customer Account. In order to receive certain services from NextGen (or its affiliate or designate) in connection with the Application, including without limitation monitoring services, it will be necessary for Customer to establish a Customer Account, including setting up a User ID and password, with NextGen (the "Account Information") and to subscribe for requested services.  Such services shall be billed and are payable to NextGen in accordance with the purchase instructions found on the https://www.anglersleaderboard.com website, as the case may be, and should the Customer fail to make such payment when due or should the payment be returned in any way as undeliverable, the product and/or services shall be discontinued until payment is made and the account brought into good standing.  NEXTGEN IS NOT LIABLE OR RESPONSIBLE FOR THE CONSEQUENCES IN ANY SERVICE INTERRUPTION RESULTING FROM FAILURE OF THE CUSTOMER TO MAINTAIN THE CUSTOMER ACCOUNT IN GOOD STANDING OR FOR FAILURE TO MAKE ANY SUCH PAYMENT WHEN DUE.

8.2. Account Information. You agree to provide accurate, complete and up to date information when you register for your Customer Account and to keep such information up to date and accurate on an on-going basis during the term.  You agree that NextGen may store and use the registration data you provide in order to administer your account and for billing purposes.  You are entirely responsible for maintaining the accuracy and confidentiality of your Account Information, and for all activity concerning your Customer Account.  You agree to notify NextGen immediately of any unauthorized use of your account.

8.3. Security of Account Information and Customer Profile Information. You agree to keep your Customer Account Information safe and secure at all times to prevent unauthorized access to your account by third parties. 

8.4. Customer Account Instructions. You agree that NextGen may regard any instructions to be from you if they are received from or issued using your Customer Account.  For certainty, any products or services, once subscribed for are non-refundable.

9. Use Limitations.  Access to and use of the Application by Customer is dependent upon the use of Customer's web or mobile device and accordingly, NextGen is not responsible or liable for any restrictions on the capabilities of Customer's mobile device or for any Customer access or service limitations imposed by or resulting from Customer's mobile service provider or otherwise. With respect to any GPS tracking features associated with the Application, Customer acknowledges that it is his/her/its sole responsibility to enable such features in the applicable mobile device and in no event is NextGen responsible for any failure to do so.  NextGen is not responsible or liable for any changes made to any mobile device, operating systems or for any interference caused by the downloading or installation of hardware, software or other applications that conflict with the function of the Application or the Devices.

FOR CERTAINTY, NEXTGEN IS NOT RESPONSIBLE OR LIABLE FOR ANY CHANGES MADE TO ANY MOBILE DEVICE, OPERATING SYSTEMS OR FOR ANY INTERFERENCE CAUSED BY THE DOWNLOADING OR INSTALLATION OF HARDWARE, SOFTWARE OR OTHER APPLICATIONS THAT CONFLICT WITH THE FUNCTION OF THE APPLICATION OR THE DEVICES.  ALSO, NEXTGEN SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS, COSTS, DAMAGES, INJURY OR DEATH RESULTING FROM ANY SERVICE INTERRUPTIONS, NETWORK INTERRUPTIONS OR OTHER FAILURES OR INTERRUPTIONS RELATING TO THE APPLICATION.  IT IS THE SOLE RESPONSIBILITY OF CUSTOMER TO ENSURE NETWORK COVERAGE FOR AREAS OF USE OF THE APPLICATION, AND NEXTGEN IS NOT RESPONSIBLE FOR SAME, INCLUDING WITHOUT LIMITATION ATTEMPTS TO USE THE APPLICATION IN AREAS THAT RECEIVE LIMITED, SPORADIC OR NO COVERAGE.

10. Communications.  In connection with the Application, NextGen may from time to time communicate information concerning administrative messages, the Application and/or its features to all subscribers. 

11. Monitoring Services.  Customer recognizes that in connection with the Application, certain information may be disclosed to third parties (including without limitation with respect to employers, contractors, emergency service providers or otherwise) as part of the functionality of certain features of the Application.  Customer agrees to the disclosure of same by NextGen, solely in connection with the enabled features of the Application.

12. Third Party Software or Services.  You acknowledge that the use of the Application may require software or services that are licensed, sold or otherwise provided by a third party, and any use of such third-party software or services may be subject to applicable third-party terms and conditions; the terms of any such third party agreements represent a binding agreement between the Customer and such applicable third party software or service provider.

13. Links.  The Application may contain hyperlinks to content resources and services of third parties.  Such links do not constitute an endorsement by NextGen, and NextGen has no control over third party content.  When you access third party websites, products and services, you do so at your own risk.

14. Personal Information.  NextGen respects a Customer's right to control his or her personal information and has obligations pursuant to the Personal Information Protection and Electronic Documents Act of Canada.  NextGen will use any personal information provided by you to establish, maintain and administer your Customer Account and Customer Profile, and to provide Customer with the Application and any requested services.  NextGen will disclose your personal information only with your consent or where required or permitted by law.  NextGen will not otherwise use or disclose personal information. 

NextGen has established a Privacy Policy which sets out generally how we handle personal information, which can be found on the https://www.anglersleaderboard.com website.  The terms of the NextGen Privacy Policy are incorporated by reference to this Agreement and form part of the terms and conditions set out herein.

15. Support Services.  Any questions or comments concerning the Application and any services for which Customer has subscribed can be directed to NextGen at our website using the email address provided at the Contact Us portion of the site. Customer acknowledges that NextGen is under no obligation to provide support services or to make available bug fixes or otherwise in connection with the Application.

16. Term and Termination.  The license granted under this Agreement shall continue until terminated in accordance with the provisions of this Agreement.  Customer may terminate this Agreement by deleting the Application from its applicable mobile device and by submitting a termination request in writing to NextGen.  NextGen reserves the right, in its discretion and without prior notice, to terminate your Customer Account.  ANY TERMINATION OF YOUR CUSTOMER ACCOUNT WILL AUTOMATICALLY SUSPEND USE OF ALL OR PART OF THE APPLICATION, DELETE ANY RELATED INFORMATION, AND NEXTGEN IS NOT LIABLE OR RESPONSIBLE FOR ANY LOSS, COSTS, DAMAGES, INJURY OR DEATH RESULTING FROM ANY ACCOUNT TERMINATIONS OR INTERRUPTIONS.

17. LIMITATION OF LIABILITY.  CUSTOMER RECOGNIZES THAT THE APPLICATION AND ANY DEVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS AS A SUPPLEMENTARY SAFETY MEASURES ONLY, ARE NOT CUSTOM SOFTWARE APPLICATION OR HARDWARE DEVICES, AND NEXTGEN MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION OR THE DEVICES WILL BE ERROR-FREE, OPERATE UNINTERRUPTED, TIMELY, BE SECURE, THAT THE RESULTS OBTAINED FROM THE USE OF THE APPLICATION OR THE DEVICES WILL BE ACCURATE OR RELIABLE OR OF THE APPLICATION'S OR THE DEVICES' UTILITY IN ANY PARTICULAR CIRCUMSTANCE.  THE CUSTOMER IS ENTIRELY RESPONSIBLE TO ENSURE THAT IT HAS TAKEN ADEQUATE SAFETY PRECAUTIONS TO PROTECT ITSELF, ITS WORKERS AND ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION IN ACCORDANCE WITH ITS OBLIGATIONS AT LAW.  ANY USE OF THE APPLICATION, THE DEVICES OR ANY RELATED SERVICE IS AT THE SOLE RISK OF THE CUSTOMER.  TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXTGEN HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NO ADVICE OR INFORMATION OBTAINED FROM NEXTGEN OR THROUGH ANY CALL CENTRE, WHETHER OPERATED BY OR THROUGH NEXTGEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET OUT IN THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, NEXTGEN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ANY THIRD PARTIES PROVIDING SERVICES OR SOFTWARE FOR THE APPLICATION AND AFFILIATES SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY PERSONAL INJURY OR DAMAGES OF ANY KIND OR NATURE (INCLUDING WITHOUT LIMITATION PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, DAMAGES FOR LOSS OF BUSINESS, REPUTATION, PROFITS, GOODWILL OR TORTIOUS CONDUCT OR OTHERWISE) RESULTING FROM THE USE OF OR RELATING TO THE APPLICATION, THE DEVICES, OR ANY SERVICES OF NEXTGEN OR ARISING IN MANNER WITH RESPECT TO THE APPLICATION OR THE CUSTOMER'S INABILITY TO USE OR ACCESS SAME, EVEN IF NEXTGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS FOR DAMAGES.

ANY DAMAGES THAT NEXTGEN IS REQUIRED TO PAY, FOR ANY AND ALL CAUSES, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, SHALL IN THE AGGREGATE, BE LIMITED TO THE ACTUAL FEES PAID BY THE CUSTOMER TO NEXTGEN IN RESPECT OF THE APPLICATION.

CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS LIMITATION OF LIABILITY IS A KEY TERM OF THIS AGREEMENT AND THAT WITHOUT ITS INCLUSION, NEXTGEN WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.

18. INDEMNITY.  CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS, NEXTGEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY AND ALL LOSSES, COSTS, CLAIMS, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS OR OTHERWISE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REASONABLE LEGAL FEES, ARISING FROM ANY THIRD PARTY DUE TO OR ARISING OUT OF CUSTOMER'S USE OF THE APPLICATION OR THE DEVICES, THE VIOLATION OF THIRD-PARTY RIGHTS BY CUSTOMER, OR BREACH BY CUSTOMER OF ANY TERM OF THIS AGREEMENT.

19. No Assignment.  The Customer shall not assign or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of NextGen.  This Agreement shall enure to the benefit of and shall be binding upon the successors and assigns of the parties hereto.  This Agreement and the rights and obligations arising hereunder shall not be affected by any change in the corporate structure or ownership of NextGen.

20. Amendment.  Customer is not permitted to amend any term of this Agreement without the express written consent of NextGen.

21.  Severability.  In the event that any of the terms of this Agreement are in conflict with any rule of law or statutory provision or otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from this Agreement, but such invalidity or unenforceability shall not invalidate any of the other terms of this Agreement.

22. Waiver.  No failure of either party hereto to take any action or assert any right hereunder shall be deemed to be a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right.

23. Governing Law.  This Agreement shall be governed and construed in accordance with the laws of the Province of Manitoba, Canada without regard to choice of law or conflict of law principles.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

24. Exclusive Agreement.  The terms of this Agreement constitute the entire Agreement between the parties with respect to the subject matter hereof and the relationship of the parties.