1. Limited License to Use the Site
The Site contains Content which is derived in whole or in part from information and materials supplied by NXT Capital and other sources. The Content is owned by NXT Capital and/or its licensors and is protected under the United States Copyright Act, Digital Millennium Copyright Act and other U.S. and international copyright, trademark and other laws. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. Use of the Site is not a transfer of title in the Content and by your use of the Site, you acknowledge that you do not acquire any ownership or other rights to the Content, except for the limited license granted herein.
You may not, nor will you, modify, distribute, transmit, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and any other source-identifying symbols, designs, icons, images, or other information, software or code or other Content obtained from the Site. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site or otherwise using any information contained in this Site for any purpose other than as specifically described above. Without limiting the foregoing, no information contained within this Site may be disclosed in whole or in part to the press or otherwise made available to third parties or the public in any manner.
2. No Reliance; No Offering
All content provided on this Site is for informational purposes only. Any estimates, projections or predictions on this Site are intended to be forward-looking statements. Although NXT Capital believes that the expectations in such forward-looking statements are reasonable, it can give no assurance that any forward-looking statements will prove to be correct. Such estimates are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. NXT Capital expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained herein to reflect any change in its expectations or any change in circumstances upon which such statement is based. No statements contained on this Site should be construed as a guarantee or assurance of future performance or future results. NXT Capital’s past performance is not indicative of future results.
No information found on this Site constitutes an offering of advisory services or any securities. Offerings of securities may be made in connection with a private offering memorandum in compliance with the Securities Act of 1933, as amended, and related rules and regulations or as otherwise permitted under the law. In the case that an offering of securities is made in accordance with the terms of a private offering memorandum or as otherwise permitted under the law, such offering may be limited to investors who are accredited investors, knowledgeable employees, and in some cases, offerings of securities will only be made to the extent certain investors are also qualified purchasers.
There are various risks you assume when reviewing the content on this Site. You agree that we are not liable for any action you take or decision you make in reliance on any content on the Site.
We make reasonable efforts to provide accurate content, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. Dated content speaks only as of the date indicated. NXT Capital does not warrant or guaranty the accuracy or completeness of the information it makes available on the Site, unless otherwise specifically so noted. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party. We may modify the content on this Site at any time and without notice to you.
Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Site with your financial, legal or tax advisors where applicable.
3. Your Representations and Warranties
You represent and warrant as follows:
- that you will not delete any content from the Site or use or introduce into the Site any device, software, or routine that could damage or interfere with the operation of the Site or intentionally introduce a virus, worm or other malware into the Site.
As further provided above, NXT Capital does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to NXT Capital that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You can visit NXT Capital on the Site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. In general, we gather Site user information on an aggregated basis in order to determine, for example, which areas users access more frequently and which Content users access the most. This information helps us to determine what is most beneficial for our users, and how we can continually create a better overall experience for our users by improving the content of the Site.
There are times, however, when we may need information from you, such as your name, email address or phone number. Customarily, the personal information NXT Capital obtains is used to respond to inquiries or provide information or materials to you from time to time. We also may use your personal information to discuss or offer our products or services. Occasionally, we may make the e-mail addresses of those who provide information available to our affiliates and to other reputable organizations whose products or services we think you may find interesting.
This Site uses “cookies” and other identifiers that may automatically collect certain information and data. The data identifies you as a unique user and facilitates your ongoing access to and use of this Site. This also helps us diagnose problems with our server and the Site. You can set your browser to notify you when you receive a cookie, giving you the opportunity to decide whether to accept it.
5. Trademarks and Service Marks
The NXT Capital name and logo, and all related product and service names, design marks and slogans are the service marks, trademarks or registered service marks or trademarks of NXT Capital, LLC. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any NXT Capital or third party trademarks or logos without the prior written consent of NXT Capital, LLC or the applicable trademark owner.
You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
6. Third Party Links
While NXT Capital tries to link only to sites that share its high standards and respect for privacy, NXT Capital is not responsible for information on any third party website that may be referenced in, or accessible or connected by hyperlink to, the Site. If you access any third party website through the Site or otherwise, you do so at your own risk. NXT Capital makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that NXT Capital is affiliated or associated with, or that any linked site is authorized to use any service mark, trademark, trade name, logo, or copyright of NXT Capital.
7. No Warranty
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL USE OF THE SITE IS AT THE USER’S OWN RISK. NXT CAPITAL AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. THIS DISCLAIMER WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION HEREIN, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT CONTAINED WITHIN OR PRESENTED BY THE SITE.
NXT CAPITAL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO VIRUSES, WORMS OR OTHER MALWARE THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BLOGS, OR TO THE EXTENT THEY EXIST, ANY BULLETIN BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS OR CONTENT FROM THE SITE.
NXT CAPITAL’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Limitation of Liability
IN NO EVENT SHALL NXT CAPITAL, ITS AFFILIATES, PARENTS OR SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, DESIGNATED MEMBERS, MEMBERS, PRINCIPALS, AGENTS, INVESTORS OR EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH WEBSITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEBSITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), ANY DELAY OR TECHNICAL PROBLEMS IN USING THE SITE, OR ANY INFORMATION AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF NXT CAPITAL, ITS AFFILIATES, PARENTS OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, DESIGNATED MEMBERS, MEMBERS, PRINCIPALS, AGENTS, INVESTORS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES LIMIT THE APPLICABILITY OF DISCLAIMERS OR LIMITATIONS OF LIABILITY, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY ONLY TO THE EXTENT LEGALLY ENFORCEABLE IN THE APPLICABLE JURISDICTION.
9. Breach and Indemnification
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Last posted on September 25, 2015.
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