1. Limited License to Use the Site
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, you must not disclose any information contained within this Site, in whole or in part, to the press or otherwise make it available to third parties or the public in any manner.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.
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. As economic and market conditions change, performance generated during a prior period might not be repeatable going forward. NXT Capital’s past performance is not indicative of future results.
No information found on this Site constitutes an offering of advisory services or an offer to sell or a solicitation of an offer to purchase or subscribe for 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 are not generally obligated to update this 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.
This Site has been prepared for informational purposes only, and nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, legal or other advice. You are encouraged to discuss information that you learn from the Site with your financial, legal or tax advisors where applicable, including as may be appropriate to determine the various risks you assume when reviewing the content on this Site.
3. Your Representations and Warranties
You represent and warrant that you:
- Will not restrict or inhibit any other person from using the Site;
- Will not reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without NXT Capital’s express prior written consent;
- Will not reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
- Will not frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without NXT Capital’s express prior written consent;
- Will not systematically download and store Site content;
- 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;
- Will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without NXT Capital’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, NXT Capital grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. NXT Capital reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
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, libelous, fraudulent, tortious, threatening, obscene, indecent or otherwise objectionable, harassing, or that otherwise fail to respect the rights and dignity of others, or are in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
5. Trademarks and Service Marks
We and our suppliers own the Site, which is protected by proprietary rights and laws. 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.
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 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 Materials
Certain Site functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
7. Disclaimer of Warranties
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 THE AFFILIATED ENTITIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
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.
8. Limitation of Liability
IN NO EVENT SHALL NXT CAPITAL OR THE AFFILIATED ENTITIES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, EXEMPLARY, 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, CONTENTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH (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 (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY TRANSMISSION), OR ANY INFORMATION AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR CONTENTS; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF NXT CAPITAL AND THE AFFILIATED ENTITIES 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.
11. Governing Law; Arbitration
The Site is controlled or operated (or both) from the United States, and is not intended to subject NXT Capital to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
12. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to NXT Capital a written notice by mail, e-mail or fax, requesting that NXT Capital remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to NXT Capital a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Copyright Agent as follows: By mail to NXT Capital, LLC, 191 N. Wacker Drive, 30th Floor, Chicago, Illinois 60606; or by e-mail to firstname.lastname@example.org. Copyright Agent’s phone number is (312) 450-8000. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. You may also contact us by writing to 191 N. Wacker Drive, 30th Floor, Chicago, Illinois 60606 or by calling us at 312-450-8000. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.
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Last Updated August 14, 2020