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TERMS OF USE

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The terms and conditions of use set forth herein apply to each of the pages of the nbeprivatecapital.com website (collectively, the “Site”).
 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. By using the Site, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Site immediately. NBE Private Capital and its affiliates (“NBE”) reserve the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms for changes each time you use the Site. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.

 

Disclaimer
 

NOTHING CONTAINED IN THE SITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE SITE CONSTITUTES A SOLICITATION OR OFFER BY NBE, ANY OF ITS AFFILIATES OR ANY OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY PARTNERSHIP INTEREST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. DECISIONS BASED ON INFORMATION CONTAINED ON THE SITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE SITE, YOU AGREE TO HOLD NBE AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
 

Forward Looking Statements
 

This site may contain forward-looking statements. All statements that address expectations or projections about the future, including statements about potential transactions, potential investments, expenditures and financing plans, are forward-looking statements. These statements are not guarantees of future performance and involve a number of risks, uncertainties and assumptions. Accordingly, our actual results or performance may differ significantly, positively or negatively, from forward-looking statements made herein. Unanticipated events and circumstances are likely to occur including, but not limited to, risks that our planned transactions or financings may not be completed, the investments we make do not perform to our expectations, our planned expenditures are exceeded, anticipated funding may prove to be unavailable and general economic conditions change in a way that is not favorable to us. This list of factors is not exclusive. We undertake no obligation to update any forward-looking statements.
 

No Warranties
 

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OFFERED IN CONNECTION WITH THE SITE, OR OBTAINED FROM A SITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR RELIABILITY. NBE MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, TIMELINESS, SUITABILITY, RELIABILITY, AVAILABILITY, AND PERFORMANCE OF THE SITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENTS MAY BE REVISED, ALTERED, AND/OR CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF NBE. NBE DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NBE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN NBE, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.


NBE assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.
 

Restrictions on Use of Materials
 

Unless otherwise expressly permitted by NBE, all information and materials, including, without limitation, trademarks, service marks, trade names, logos, text, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress, and/or other intellectual property owned, controlled, or licensed by NBE. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio, and video, for public or commercial purposes without NBE’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of NBE.


You are expressly prohibited from using any robot, spider, other automatic device, or manual process to monitor, “mine” or copy the web pages on the Site; using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; and taking any action that imposes an unreasonable or disproportionately large load on NBE’s infrastructure.
 

Jurisdictional Issues
 

Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions, and protectorates. The Site is controlled and operated by NBE from its offices within the United States of America. Neither NBE nor any of its affiliates makes any representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability, and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of United States export laws and regulations. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject NBE to any registration or other requirement within such jurisdiction or country.
 

Transmissions to and from the Site
 

Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.nbeprivatecapital.com domain name or made via this Site may not be secure. Communications to NBE, particularly those containing confidential information, should be sent by mail to: NBE Private Capital, 8268 Crown Bay Center, Building 02-01, St. Thomas, VI 00802. NBE will be free to use, for any purpose, without any compensation due or payable to you, any ideas, concepts, know-how, or techniques provided by a Site user to NBE through the Site.
 

Password Security and Notification
 

Access to certain parts of the Site may require a login. If you have a password for access to non-public areas of the Site, you are solely responsible for all activities that occur in connection with your password. Accordingly, you should take steps to protect the confidentiality of your password. Notify NBE immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your password.
 

Submitted Materials
 

Unless specifically requested, NBE does not solicit, nor does NBE wish to receive any confidential, secret or proprietary information or other material from you through this Site, by email, or in any other way. Any materials submitted or sent on or through this Site in any manner (collectively, “Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use. By submitting Submitted Materials on this Site, you: (i) represent and warrant that you either own your Submitted Materials, or that you have the necessary licenses, rights, consents, and permissions to use such Submitted Materials and submit them to this Site; and (ii) you grant NBE a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use such material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, this Site), products, or services in any form, media, or technology now known or later developed. NBE is not obligated to review any Submitted Materials. NBE cannot be responsible for maintaining any Submitted Material you provide to this Site, and we may delete or destroy any such Submitted Material at any time.

 

User Conduct

 

Without limitation of the other terms and conditions set forth herein, while accessing or using this Site, the Content and/or the various other features available on this Site, you agree that you shall not:​

 

  • impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from this Site or NBE;

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  • use, redistribute, republish, or exploit any part of this Site or any Content for any commercial or promotional purposes;

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  • obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through this Site through any means, including through means not intentionally made publicly available or provided for through this Site;

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  • engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on this Site, or obtaining lists of users or other information from or through this Site including, without limitation, any information residing on any server or database connected to this Site;

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  • use this Site, the Content or its features and services in any manner that could interrupt, damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;

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  • use this Site or the Content (including by submitting Submitted Materials) to, or in any other manner, violate, plagiarize, or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity, or any other proprietary or legal right;

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  • upload, post, publish, distribute, or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters, or pyramid schemes of any kind;

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  • disclose any sensitive, proprietary, or confidential information, about yourself or anyone else;

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  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this Site; or

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  • use this Site or its services (or any Content), in whole or in part, or submit any information to this Site, in violation of any applicable law, rule, or regulation.

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Termination

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These terms and conditions of use are effective until terminated by NBE, provided that you may terminate these terms and conditions of use at any time only by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation, copies, and installations thereof, whether made under these terms or otherwise. Such termination by you will not be effective if NBE, in its sole discretion and without notice to you or otherwise, determines that you have failed to comply with any term or provision of these terms. Upon any termination of these terms, you must destroy all information and materials obtained by you or on your behalf from the Site and all copies and installations thereof, whether made under the terms of these terms or otherwise.


Limitation of Liability
 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NBE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE SITE.


UNDER NO CIRCUMSTANCES WILL NBE, OR ANY OF ITS AFFILIATED ENTITIES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE EVEN IF NBE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE AND THE INFORMATION OBTAINED THROUGH THE SITE. IN NO EVENT SHALL ANY OF THE NBE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF NBE AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.


Links to Other Web Sites and Services


NBE does not review or monitor any websites linked from or to the Site and none of them is or will be responsible for the content of any such linked websites. Your following links from or to such websites is at your sole risk. Accordingly, NBE cannot be held responsible for the information, materials, products, or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation, or warranty by NBE or any of its affiliates with respect to any such linked websites or the content, products, or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your websites or any third-party website to the Site or frame any elements of the Site with any other website without the express prior written consent of NBE. NBE reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the Site.


Waiver
 

No waiver by NBE of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term, or provision of these terms and conditions at that time or a waiver of that or any other right, term, or provision of these terms and conditions at any other time.
 

Governing Law and Consent to Jurisdiction
 

THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES VIRGIN ISLANDS. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE LOCAL OR FEDERAL COURTS LOCATED IN THE UNITED STATES VIRGIN ISLANDS AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
 

Integration and Severability


If any part of these terms of use is determined to be invalid, unlawful, void, or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms of use shall continue in effect.
 

Indemnification
 

You agree to defend, indemnify, and hold NBE and its directors, officers, members, partners, principals, employees, agents, and representatives harmless from any and all claims, liabilities, losses, costs, and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from your use of the Site, in whole or in part, or your breach or violation of law or any provisions contained herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

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