Nvsted collects non-personally identifiable information from you regarding your usage of our Site (such information, “Non-Personally Identifiable Information”). Non-Personally Identifiable Information may include, without limitation, website pages viewed, articles, presentation and videos viewed, time spent using certain features of the Site, demographic data such as server locations, cookies existing on your computer, search criteria used and results, date, time, connection speed, and other information which does not specifically identify you. We collect this information using various technologies, including, but not limited to, cookies and server logs. “Cookies” are pieces of information that may be placed on your computer by a website for the purpose of facilitating and enhancing your communication and interaction with that website. “Server logs” can be either a single log file or several log files automatically created and maintained by a server of activity performed by the server, which can include information about any transaction you conduct with the server.
We use analytics programs and service providers, such as Google Analytics, which can use first party cookies to report on your interactions with the Site. Google Analytics collects information including, but not limited to, the time of each of your visits to the Site, whether you have visited the Site before, what website referred you to the Site, and what pages you viewed on the website.
We may also have access to your Personally Identifiable Information when you log into our website through certain third party social networking services, including Facebook, LinkedIn, Twitter and Internet Chat (“Third Party Services”). We encourage you to carefully review the privacy policies of any Third Party Services from which you access our Site.
Nvsted intends to use information you provide to us, including Non-Personally Identifiable Information or Personally Identifiable Information, to better serve you and enhance your experience with the Site, among other things. This may include having to modify or copy such information, such as images or textual or narrative content you provide, in order to provide you with a seamless and enjoyable experience.
Toward these ends, you consent to our use and disclosure of any information submitted to us via the Site, or information collected when you access the Site in any manner, and you acknowledge that you have no expectation of privacy, confidentiality or privilege in such information.
If you provide Data for a certain reason, we may use the Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Data you provide to answer your question or resolve your problem. Nvsted may also use your Data and other personally non-identifiable information collected through our Site to help us improve the content and functionality of our Site, to better understand our users and to improve our Services. Nvsted may use this information to communicate with you regarding our Services or to tell you about services we believe will be of interest to you. If at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. Note however that as user of our Services we will send you administrative communications that are reasonably necessary to our Services, such as billing or service notifications.
Nvsted may make your information, including Non-Personally Identifiable Information or Personally Identifiable Information, available on its Site and visible to other users of or visitors to the Site. For instance, information you provide about yourself in response to questionnaires on our Site may be made available to others such as information concerning your status as an Accredited Investor. As such, other users of our Site may be able to personally identify you based on your information made available on our Site. As a further example, if you utilize Third Party Services to log into our Site, other users to whom you may be connected to through such Third Party Service may be able to view or follow information about you on our Site, including Non-Personally Identifiable Information or Personally Identifiable Information.
Nvsted employs or contracts with other third parties, companies, or individuals to perform certain functions or services on its behalf. Examples of these services from such third parties, companies, or individuals, may include ID verification, accreditation/financial/credit verification, electronic document signing, payment storing and processing, sending postal mail and e-mail, escrow services, disbursement of funds, analyzing data, providing marketing assistance, and providing customer service. As such, these third parties, companies, or individuals may have access to your information, including Non-Personally Identifiable Information or Personally Identifiable Information, as needed to perform their functions or services, and may not use it for other purposes.
Nvsted may disclose your Data if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with a legal obligation; (b) protect and defend the rights or property of Nvsted; (c) act in urgent circumstances to protect the personal safety of users of the Site or the public against fraud or other harm; or (d) protect against legal liability.
Our Site contains links to other websites and services not maintained by Nvsted. In addition, other websites and services may also reference or link to the Site. We encourage you to be aware when you enter or leave our website, or surf the Internet, and to read the privacy statements of each website and service that you visit. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, other websites or services.
We may display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent we may post your testimonial along with your name and other information. If you wish to update or delete your testimonial, please contact us at info@Nvstedwithus.com.
We may at times send you e-mail communications with marketing or promotional materials. If you prefer not to receive such marketing or promotional e-mails from us, you may unsubscribe completely by emailing us at: info@Nvstedwithus.com. Please note that opt-out requests may take up to one (1) week to process. Please also note that at times we may need to send you e-mail communications that relate to your Account and/or are transactional in nature, such as service or termination announcements or payment confirmations, which are communications you will not be able to opt-out of.
You will be able to modify the information concerning your Account by visiting your profile page and editing any information you wish to change. You will be able to change your e-mail address, password, contact information, or other log in information by visiting your Account’s settings page subject to Site policy. If you wish to delete your Account or need help modifying Account information, please contact us at info@Nvstedwithus.com.
Through your Account settings you will be able to set certain preferences and permissions regarding the visibility of your information, including Non-Personally Identifiable Information or Personally Identifiable Information, to others. You may stop or restrict the placement of Nvsted’s cookies, Google’s cookies and third party cookies on your computer by adjusting your web browser preferences or a “Do Not Track” setting in your web browser. If you do so, you may still use our Site, but this may interfere with some of its functionality.
You may also clear cookies from your computer via your web browser settings. You may also wish to use a Google Analytics opt-out web browser add-on. Information on this option is available from Google.
If you would like us to remove your Personally Identifiable Information from our database, please send a request to: info@Nvstedwithus.com.
We are not responsible for removing your Personally Identifiable Information from the lists of any third party who has previously been provided your information in accordance with this notice.
We use reasonable efforts to secure access to Personally Identifiable Information in our possession, including bank-level encryption, support instant identification and Account verifications, and may partner with third party providers that provide monitoring to ensure that you have a safe experience on Nvsted, but will not be liable for any failure to safeguard such information, whether inadvertent or otherwise. Personally Identifiable Information is also stored with third parties who have informed us that they also use reasonable efforts to secure access to Personally Identifiable Information, but we will not be liable for the failure of any third party to safeguard Personally Identifiable Information, whether inadvertent or otherwise.
We protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. Wherever appropriate, we obfuscate and/or encrypt information in our systems and/or during information transfer. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
We utilize third party service providers who may store on their servers social security numbers, addresses, financial information, electronic signatures, and payment information. For your security, we only display the last four digits of your bank account information when confirming an investment.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to log off when finished using a shared computer.
Our Site is not intended for use by children, especially those under age thirteen (13) years of age. No one under age thirteen (13) years of age is allowed to use the Site, provide any personal information or receive our email distributions. We do not knowingly solicit or collect Personally Identifiable Information from children or teenagers under the age of thirteen (13). If you believe that a minor has disclosed Personally Identifiable Information to Nvsted, please report this to us immediately by emailing us at: info@Nvstedwithus.com.
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this notice at any time. Any changes or updates will be effective immediately upon posting to the Site and sending a notification to all registered users via email regarding such update. You should review this notice regularly for changes, and can determine if changes have been made by checking the Effective Date above. Your continued use of our Site following the posting of any changes to this notice means you accept such changes.
By visiting or using the Site and/or the Services, you hereby:
In order to access certain features of the Site or the Services, and/or to post content on the Site, you must create, and register for, an account ("Account") with us. You hereby certify that all information you provide us with in order to complete the Account registration process is current, accurate and complete. When you choose a password and a user name, you are entirely responsible for maintaining the confidentiality of said password and all aspects of your account.
You agree to notify Nvsted immediately of any other breach of security or unauthorized use of your Account. You agree to not share your password, let anyone else access your Account, or do anything else that might jeopardize the safety and security of your Account. You will not transfer your Account to anyone without first getting written permission from Nvsted. You agree that your Account will be self-directed and that you are solely responsible for all purchases, orders, investment decisions and instructions placed in your Account. Although the Site may provide data, information or content provided by other parties relating to investment strategies and/or opportunities to buy and/or sell securities, you should not construe any such content as tax, legal, financial, or investment advice. Unless we provide you with specific advice that is clearly identified as an individualized recommendation specifically addressed to you, (which is NOT expected to take place), you represent that any decision to invest is based solely on your consideration of the risks involving a particular security or those of a third-party (i.e. your personal financial advisor) and is made at your own risk. All investments involve a degree of risk, and unless we provide you with individualized recommendation addressed to you, (which is NOT expected to take place), you acknowledge and agree that you are solely responsible for determining the suitability of an investment or strategy and accept the risks associated with such decisions that may include the risk of complete loss of your investment and/or principal. Nvsted has no special relationship with, or fiduciary duty to, you. You agree and acknowledge that you are solely responsible for conducting legal, accounting or due diligence review on the companies and offerings listed on the Site. You are strongly advised to consult with a licensed legal professional and investment advisor for any legal, tax, insurance, or investment advice. The Site will merely provide you with the ability for you to make your own investment decision without any advice by the Site, Nvsted, or any of their respective agents or affiliates.
You MUST meet one or more of the above criteria before viewing and/or investing in any Restricted Offerings listed on the site. In certain instances we may be entitled to rely solely upon your representation that you meet one or more of the above qualifying criteria. However, we reserve the right to request additional information from you to support, and/or to engage a third party to conduct an independent verification of, your qualification as an Accredited Investor. YOU FURTHER AGREE THAT YOU WILL IMMEDIATELY NOTIFY US OF ANY MATERIAL ADVERSE CHANGE IN ANY SUCH INFORMATION PROVIDED TO US AND/OR IF, FOR ANY REASON, YOU NO LONGER QUALIFY AS AN ACCREDITED INVESTOR.
You further acknowledge and agree that the foregoing provisions will be automatically amended to match the definition of “Accredited Investor” pursuant to Rule 501 if such definition is amended after the date hereof.
If you do not qualify as an Accredited Investor, you will only be permitted to logon to the Site and access those offerings and other content which are not made part of the Restricted Offerings. This expressly excludes any and all offerings and other content related to the sale of securities that are relying on an exemption under “Regulation D” of the Securities Act.
You may review personal information posted by or relating to other Users on the Site, but you are not authorized to disclose such information for any purpose. You may not reproduce any personal information. Further, you represent and warrant that: (a) you do not have the ability to match any personal information posted by or relating to other Users to the identity of any individual; (b) you will not make any attempt to obtain data permitting you to match any personal information posted by or relating to other Users to the identity of any individual; (c) you will not accept any information from any third party that permits such a match; and (d) you will make no such match.
Without our prior consent, you may not:
You represent, warrant and agree that no materials of any kind submitted through your Account or otherwise posted or shared by you through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Services or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Services or the Site or for any other purpose. You further agree that you may not use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Services or the Site to:
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Nvsted an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.
You may review personal or business information posted by other Users on the Site, but you are not authorized to disclose such information for any purpose.
Electronic Communications. Any Disclosures will be provided to you electronically through the Site (or via electronic mail) to the verified email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. Any IRS 1099 Forms provided electronically will remain accessible through at least October 15 of the year in which such IRS Form 1099 is made available; after that time the IRS Form 1099 may no longer be accessible electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Nvsted or between you and Our Affiliates. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
Consenting to Do Business Electronically. Before you decide to do business electronically with Nvsted or Our Affiliates, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software.
TCPA Consent: I expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Additional Mobile Technology Requirements. If you are accessing our site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device's respective "app store". If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.
Withdrawing Consent. You may not withdraw such consent as long as you have outstanding any investments made through the Site. If you have no outstanding investments made through the site and wish to withdraw consent to doing business electronically, we will terminate your registered user account with us.
How to Contact Us regarding Electronic Disclosures. You can contact us via email at info@Nvstedwithus.com. You may also reach us in writing to us at the following address: STL Critical Technologies JV I LLC, 7733 Forsyth Boulevard, Suite 2300, St. Louis, Missouri 63105 Attn: Ched Wagner
If you are an individual User, you will keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to info@Nvstedwithus.com. You also agree to update your registered residence address and telephone number on the Site if they change. If you are a business or entity User or are acting on behalf of a business or entity, you will keep us informed of any change to your email address, telephone number and primary business address, as discussed under "Terms Applicable to Business and Other Entity Users" below.
The securities offered on the Site have not been registered under the Securities Act, in reliance on certain available federal exemptions therefrom, as well as applicable state law exemptive provisions. Securities sold through private placements are restricted and not publicly traded, and are therefore illiquid. Neither the U.S. Securities and Exchange Commission nor any state securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any offering on this Site.
Investment overviews on the Site contain summaries of the purpose and principal business terms of the investment opportunities. Such summaries are intended for informational purposes only and do not purport to be complete, and each is qualified in its entirety by reference to the more detailed discussions contained in the investor document package relating to such investment opportunity. The information contained in the Site has been prepared by Nvsted without reference to any particular user's investment requirements or financial situation, and potential investors are encouraged to consult with professional tax, legal and financial advisors before making any investment.
You may not become a beneficial owner of 20% or more of any issuer’s outstanding voting equity securities (an “Issuer Covered Person”) without becoming subject to certain “bad actor” disqualifying events described in Rule 506(d) (a “Disqualifying Event”). You represent that you are either not an Issuer Covered Person or not subject to a Disqualifying Event and that you will promptly notify Nvsted in writing should either be applicable to you. In any instance Nvsted is not liable or responsible for making Rule 506(e) disclosures, nor for determining whether you (or any other investor becomes an Issuer Covered Person), nor for determining whether any Issuer Covered Person is subject to a Disqualifying Event.
Notwithstanding anything contained herein or on the Site to the contrary:
THE INVESTMENT OPPORTUNITIES LISTED ON THE SITE ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE AN OFFER OR SOLICITATION IN ANY STATE OR JURISDICTION IN WHICH SUCH AN OFFER OR SOLICITATION IS NOT AUTHORIZED. WITHOUT LIMING THE GENERALITY OF THE FORGOING, ONLY USERS WHO QUALIFY AS “ACCREDITED INVESTORS” MAY PARTICIPATE IN ANY RESTRICTED OFFERINGS LISTED ON THE SITE AND THE OFFERING MATERIALS PROVIDED ON THE SITE WITH RESPECT TO SUCH OFFERINGS ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE AN OFFER OR SOLICITATION TO ANY PERSON WHO DOES NOT MEET SUCH REQUIREMENTS.
ONLY USERS WHO MEET THE SPECIFIED REQUIREMENTS (PURSUANT TO APPLICABLE STATE AND FEDERAL SECURITIES LAWS) TO PARTICIPATE IN A PARTICULAR OFFERING LISTED ON THE SITE MAY INVEST IN SUCH OFFERING AND THE OFFERING MATERIALS PROVIDED ON THE SITE ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE AN OFFER OR SOLICITATION TO ANY PERSON WHO DOES NOT MEET SUCH SPECIFIED REQUIREMENTS.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site or otherwise requested by Nvsted ("Individual Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Individual Registration Data, and any other information you provide to Nvsted, to keep it accurate, current and complete; (d) promptly notify Nvsted regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Site or Services or the terms on which you use the Site or Services; and (e) be fully responsible for all use of your Account and for any actions that take place using your Account.
Access to the Site for Users that are businesses, other entities or persons acting on behalf of such businesses or entities, is intended solely for authorized representatives of businesses or other entities that are in good standing in each jurisdiction in which they are registered to conduct business and persons otherwise authorized by such businesses or entities to act in furtherance of the business or entity's use of the Site or Services. By using the Site or the Services on behalf of a business or other entity, you represent and warrant that you are duly authorized in accordance with the foregoing by the business or other entity on behalf of which you are acting, that you have the power and authority to enter into binding agreements on behalf of the business or entity or in the capacity in which you are acting, and that the business or entity is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge.
In consideration of your use of the Site and the Services on behalf of a business or other entity member, you, individually and on behalf of such business or entity, agree to: (a) provide accurate, current and complete information about the business or entity, yourself and any other principals and/or authorized representatives of the business or entity member as may be prompted by any registration forms on the Site or otherwise requested by Nvsted ("Business Registration Data"), including the business or entity's full legal name; (b) provide such materials as Nvsted may request to establish and/or verify your or any other person's identity or authority to enter into binding agreements on behalf of the business or entity, or to establish and/or verify the business or entity's legal existence, good standing in any jurisdiction and eligibility to use the Site or Services; (c) maintain the security of any password and identification issued for use by or on behalf of the business or entity; (d) maintain and promptly update the Business Registration Data, and any other information provided to Nvsted by you or anyone else acting on behalf of the business or entity, to keep it accurate, current and complete; (e) promptly notify Nvsted regarding any material changes to information or circumstances impacting the business or entity's legal existence, good standing in any jurisdiction in which the business or entity is authorized to conduct business, or eligibility for continued use of the Site and the Services; and (f) be fully responsible for all use of any Accounts opened on behalf of the business or entity and for any actions that take place using such Account.
Furthermore, you represent and warrant and agree, both individually and on behalf of the business or entity, that:
For Users that are businesses or other entities, or persons acting on behalf of businesses or other entities, the limited license to access and use the Site granted above will be deemed granted to the business or entity member and to those authorized representatives of the business or entity for whom
All graphics, logos, designs, page headers, button icons, scripts and service names of Nvsted are registered trademarks, trademarks or trade dress of Nvsted in the U.S. and/or other countries. Nvsted's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Nvsted.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ” 512(c) (“DMCA”), Nvsted’s Designated Agent for notice of claims of copyright infringement can be contacted at:
STL Critical Technologies JV I LLC,
7733 Forsyth Boulevard, Suite 2300,
St. Louis, Missouri 63105
Attention: General Counsel
To meet the notice requirements under the DMCA, the notification must be a written communication that includes the following:
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Nvsted has adopted a policy of terminating, in appropriate circumstances and at Nvsted's sole discretion, the memberships of members who are deemed to be repeat infringers. Nvsted may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services ("Submissions"), provided by you to Nvsted are non-confidential and will become the sole property of Nvsted. Nvsted will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Site contains (or you may be sent through the Site or the Services) links to other web sites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
While this Site is strictly intended solely for Users who reside in the United States, it is possible that this Site can be accessed from countries around the world other than the United States. Nvsted makes no representation that the content on this Site is appropriate or available for use in other locations, and accessing this Site from areas where its content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws.
The Site may contain information and press releases about Nvsted. While this information was believed to be accurate as of the date prepared, Nvsted disclaims any duty or obligation to update this information or any press release. Information about companies other than Nvsted contained in any press release or otherwise, should not be relied upon as being provided or endorsed by Nvsted. Nvsted does not assume any duty of disclosure beyond that which is required by law.
Neither party is liable for any default or delay in the performance of any of its obligations under these Terms if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
To the fullest extent permitted by law, Nvsted:
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SITE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
By using this Site and/or the Services you hereby acknowledge and agree that:
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED AND AS SPECIFICALLY PROVIDED ABOVE IN THE SECTION TITLED "SECURITIES MATTERS", IN NO EVENT WILL NVSTED (OR ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION: (A) FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE AND/OR ANY INVESTMENT DECISIONS MADE BY YOU BASED UPON INFORMATION PROVIDED ON THE SITE; (B) FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES; OR (C) ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF NVSTED IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND YOU HEREBY FOREVER RELEASE AND DISCHARGE SUCH PERSONS/ENTITIES FROM ANY AND ALL CLAIMS YOU MAY NOW OR HEREAFTER HAVE WITH RESPECT TO ANY ONE OR MORE OF FOREGOING.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN (EXCEPT AS PROVIDED ABOVE IN THE SECTION TITLED, "SECURITIES MATTERS"), YOU HEREBY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NVSTED'S 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 NVSTED FOR THE SERVICES DURING THE TERM OF MEMBERSHIP; PROVIDED THAT, IN NO CASE, (EXCEPT AS PROVIDED ABOVE IN THE SECTION TITLED) "SECURITIES MATTERS", WILL NVSTED'S LIABILITY TO YOU EXCEED $1,000 (PER INSTANCE). YOU FURTHER ACKNOWLEDGE AND AGREE THAT, IF NO FEES ARE PAID TO NVSTED FOR THE SERVICES, YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND WILL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM NVSTED, REGARDLESS OF THE CAUSE OF ACTION.
IN ADDITION TO THE SPECIFIC SECURITIES LAWS PROVISIONS DESCRIBED ABOVE IN THE SECTION TITLED, “SECURITIES MATTERS", CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting or using the Site and/or the Services, you hereby: