Your use of the Site and the Service is governed by the then current version of this Agreement in effect on the date of such use. InvestNest may, at its sole discretion, modify and replace this Agreement at any time and without prior notice to you by posting the updated version of this Agreement on the Site. By using and accessing the Service, you acknowledge and agree to review the then current version of this Agreement prior to each such use. Your continued use of the Service after any modifications to the Terms have been published on the Site or otherwise provided to you constitutes your acknowledgement of, and binding agreement to, the then current version of this Agreement. Notwithstanding the foregoing, the resolution of any dispute that arises between you and InvestNest will be governed by the Terms in effect at the time the events giving rise to such dispute occurred. InvestNest further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Site at any time and for any reason. You agree that InvestNest and its subsidiaries and affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.
The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. InvestNest may, in its sole discretion, refuse to offer the Service to any person or entity. The Service is not available to any Users suspended or removed from the Site or the Service by InvestNest. By using the Service, you represent that you have not been previously suspended or removed from the Site or the Service. As part of InvestNest’s authorization process, each User shall be required to provide, among other things, a valid email address. In providing your email address and agreeing to these Terms, each User consents to receiving email notifications from InvestNest concerning investment opportunities.
Certain web pages of the Site are available only to Users who are Accredited Investors as defined in Rule 501 of Regulation D adopted pursuant to the Securities Act of 1933 (“Accredited Investors”) with a valid User ID and password. In general, to qualify as an Accredited Investor, individuals must have a net worth of more than $1 million (excluding their primary residence), or gross income for each of the last two years of at least $200,000 ($300,000 jointly with their spouse) with the expectation of a similarly qualifying income during the current year. By registering for, accessing, browsing, and/or otherwise using the services and/or web pages for which access is restricted to Accredited Investors, you represent and agree that you are an Accredited Investor. In order for InvestNest to confirm that your representation regarding your status as an Accredited Investor is accurate when made and continues to be accurate from time to time, you agree to provide InvestNest with all information and documentation reasonably required by InvestNest to verify your status as an Accredited Investor, including (without limitation) by delivering a completed Accredited Investor questionnaire, tax returns, brokerage statements, bank statements, resumes and other private financial information. InvestNest is not responsible for verifying that any investor or User is an Accredited Investor beyond reviewing information submitted directly to InvestNest. Should you fail to provide any requested information and documentation that confirms your status as an Accredited Investor, InvestNest may immediately suspend, block or otherwise discontinue your access and use of the Site or the Service. InvestNest may change its eligibility criteria at any time, for any reason, and without prior notice. Should you cease to be an Accredited Investor at any time, you agree to immediately notify InvestNest and to refrain from accessing such restricted portions of the Site and/or the Service. Further, because access to the restricted portions of the Site is limited by applicable law to Accredited Investors, you agree that you will not allow anyone to access such restricted portions of the Site, or share or disclose any information obtained through restricted portions of the Site with anyone, regardless of whether you believe such person or entity to also be an Accredited Investor.
Persons who are resident outside of the United States are allowed access to the investment opportunities available through the Site and/or the Service only if such access does not violate the laws of their country of residence. InvestNest’s services (and certain pages of the Site) that relate to the viewing of actual investment opportunities or to making investments in the securities offered therein may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where InvestNest or North Capital (as defined below) is not authorized to provide such information or services.
If you create an account and become a registered user of the Site or the Service, you agree to (i) provide accurate, current and complete information about you as may be prompted at registration (“Registration Information”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update your Registration Information, and any other information that you provide to InvestNest, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to your Registration Information and any other information you provide to InvestNest.
SECURITIES OFFERINGS; NO PROFESSIONAL ADVICE PROVIDED
The Service and securities offerings on the Site are available only to Accredited Investors who understand the economic and investment risks associated with private real estate investments and are familiar with and are willing to bear the consequences of that risk. You acknowledge and agree that you have significant experience investing in investments of the type offered through the Site, you understand the risks associated with the investments offered through the Site, and you are comfortable with the risk of losing your entire investment invested through the Service. You further acknowledge and agree that investing in private placements carries with it low liquidity concerns and long-term commitments, that such private placements may involve the receipt by investors of restricted securities that may be subject to holding period requirements, and that the securities sold through private placements are not publicly traded. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify InvestNest as set forth in this Agreement.
You acknowledge and agree that the value of investments and the income from them can fall as well as rise, that past performance is not a guarantee of future performance, and that investment products offered on the Site are not FDIC insured, may lose value, and are not bank guaranteed. You represent and agree that you understand that InvestNest does not guarantee the performance of any offerings made through the Site or the Service and any and all projections, estimates, and expectations for investments offered through the Site or the Service are merely opinions and should not be relied on for any purpose whatsoever. Investors are solely responsible for conducting any legal, accounting or due diligence review. The contents of the Site do not constitute financial, legal, or tax advice and you should obtain such advice solely from your advisers before deciding to invest. InvestNest does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other Users. You agree that InvestNest and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other Users.
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 InvestNest without reference to any particular User’s investment requirements or financial situation, and potential investors are encouraged to consult with their professional tax, legal and financial advisors before making any investment.
The securities offered on the Site have not been registered under the Securities Act of 1933, in reliance on the exemptive provisions of Section 4(a)(2) of the Securities Act and Regulation D and Rule 506, and/or Regulation S, promulgated thereunder. 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 the Site. InvestNest is not a registered broker-dealer, funding portal, or investment advisor and does not conduct any activity that would require such registration. Equity securities are offered through North Capital Private Securities Corporation (“North Capital”), member FINRA/SIPC. Individual personnel of InvestNest may become registered representatives of North Capital. North Capital has developed a business continuity plan on how they will respond to events that significantly disrupt business. North Capital is located at 2825 E. Cottonwood Pkwy, Suite 500, Salt Lake City, UT 84121, tel: (888) 841-9984.
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) of Regulation D (a “Disqualifying Event”). You represent that you are not subject to a Disqualifying Event and that you will promptly notify InvestNest in writing should any Disqualifying Events be applicable to you. InvestNest is not liable or responsible for making Rule 506(e) disclosures, nor for determining whether any Issuer Covered Person is subject to a Disqualifying Event.
NO SOLICITATION OR ADVICE
None of the information contained in the publicly available portions of the Site constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service. The information contained in the Site has been prepared without reference to any particular User’s investment requirements or financial situation. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where InvestNest is not authorized to provide such information or services. Some products and services described on the Site may not be available in all jurisdictions or to all Users. You acknowledge and agree that InvestNest is not a registered Investment Company or Investment Advisor within the meaning of the Investment Company Act of 1940 and the Investment Advisors Act of 1940, respectively.
PROHIBITED ACTIVITIES (INCLUDING NON-CIRCUMVENTION RESTRICTION)
By using the Site, you agree that InvestNest has expended significant time and effort developing its base of Issuers and, in view thereof, you agree that, for a period through and until two (2) years following any termination of your account, you may not solicit, initiate, encourage, or engage in discussions or negotiations with any Issuer or other third party introduced to you by InvestNest, or from whom you otherwise find out about an Issuer or such Issuer’s securities or underlying real estate project, without the express written permission of InvestNest or such other relevant party. This provision shall survive any termination of these Terms.
The Site contains confidential information (“Confidential Information”), much of which pertains to the investments listed on our platform. Confidential Information includes all technical and non-technical data. You agree that all Confidential Information will be kept in confidence and that you will only use the Confidential Information for the purposes for which it was disclosed. To the extent applicable, you will not modify, reverse engineer, decompile, create other works from, or disassemble any such Confidential Information unless otherwise specified in writing by the disclosing party. These restrictions will not apply to Confidential Information to the extent that it (a) was in the public domain at the time of disclosure; (b) became publicly available after disclosure without breach of these Terms; (c) was lawfully received from a third party without such restrictions; (d) was known to you without such restrictions prior to your access to it via the Site; (e) was independently developed by you without breach of these Terms; (f) was generally made available to third parties by InvestNest without such restriction; or (g) is required by applicable law.
Unauthorized use of the Site and/or the Service, including, but not limited to, unauthorized entry into InvestNest’s systems, the misuse or sharing of passwords or misuse of any other information, is strictly prohibited. Additionally, accessing the Service is prohibited from territories where the Site, the Service or any content thereon is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with all local laws, rules and regulations. InvestNest reserves the right at its discretion to suspend or cancel your account and/or password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner. You may also be liable for any losses incurred by InvestNest or others due to any unauthorized use of your account.
The Service may allow you and other Users to submit, post, transmit and share content with other Users, which may include, without limitation, personal and representative profiles and information sheets on certain Issuers, streaming feeds articles, documents, brochures, presentations, pictures, images, audiovisual works, other information materials and any User comments or other unedited or third party content submitted by you and other Users on or through the Services (collectively, “User Content”). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.
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 the Company 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 acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its Users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
The Site and the Service are and contain proprietary property/content of InvestNest (such as logos, copyrights, trademarks, technology, processes, etc.) (“InvestNest Proprietary Property”) which may be protected by copyright, trademark, patent, trade secret and other laws. InvestNest owns and retains all rights in and to the InvestNest Proprietary Property. InvestNest hereby grants to you a limited, revocable, nonsublicensable license to display and/or utilize the InvestNest Proprietary Property solely for your use in connection with using the Site and the Service for the purposes authorized by this Agreement. Except as explicitly permitted in these Terms or unless you have received express, prior written permission from InvestNest or the otherwise applicable rights holder, you do not have the right to use the InvestNest Proprietary Property for any use, commercial or otherwise, or to receive any monetary or other compensation in connection with the InvestNest Proprietary Property. The Site or the Service may contain proprietary property/content provided by third party InvestNest licensors (such as logos, copyrights, trademarks, etc.) (“Third Party Proprietary Property”). InvestNest hereby grants you a limited, revocable, nonsublicensable license to display and/or utilize the Third Party Proprietary Property solely for your use in connection with using the Site and the Service for purposes authorized by this Agreement. Except as expressly provided by this Agreement, you do not have the right to use the Third Party Proprietary Property for any use, commercial or otherwise, or to receive any monetary or other compensation in connection with the Third Party Proprietary Property.
You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of any content on the Site. You further understand and agree that in the course of your use of the Site and the Service, you may be exposed to content on the Site that is illegal, inaccurate, offensive, indecent or objectionable and you hereby waive any legal or equitable rights or remedies you have or may have against InvestNest with respect thereto.
InvestNest will remove copyright infringing activities or related User Content if InvestNest is properly notified that such User Content infringes on another’s intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or that any material on the Site violates this Agreement or your intellectual property rights, please notify InvestNest as soon as possible by sending an email to email@example.com, or by contacting InvestNest’s agent (listed below), with the following information pursuant to the Digital Millennium Copyright Act (“DMCA”) (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site, sufficient for InvestNest to locate the material; (iv) your contact information, including your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. For the avoidance of doubt, only DMCA notices should go to InvestNest’s Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. We reserve the right to remove User Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, InvestNest will also terminate a User’s account if the user is determined to be a repeat infringer.
Pursuant to Section 512(c)(2) of the DMCA, InvestNest designates the following agent to receive notifications of claimed infringement:
49 Discovery, Ste 180
Irvine, CA 92618
THIRD PARTY CONTENT
INTERACTIONS WITH OTHER USERS
The Site and/or the Service may allow you to correspond or otherwise interact with other Users who may provide you with investments, investment information, advice, services and/or events, or provide you with other information about various companies or organizations. You acknowledge that such other Users are not affiliated with or controlled by InvestNest or its affiliates, and InvestNest cannot influence the investments, information, advice or services provided by them. Your correspondence or interaction with other Users is solely between you and such other Users. Furthermore, if you provide any investments, information, advice or services to other Users through the Services, you acknowledge that you are not affiliated with, or controlled or influenced in any way by, InvestNest or its affiliates.
You agree that InvestNest and its affiliates will not be responsible or liable for any loss or damage of any sort incurred as the result of any interactions between you and other Users. If you have a dispute with one or more Users, you irrevocably and forever release InvestNest (and InvestNest’s affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
USE OF LINKS
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under InvestNest’s control, and you acknowledge that InvestNest is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply an affiliation, sponsorship, or endorsement by InvestNest or any association with its operators. You further acknowledge and agree that InvestNest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such website or resource. You should also be aware that the terms and conditions and privacy policies of such sites may be different from those applicable to your use of the Site and/or the Service.
If you wish to terminate your account, you may do so by contacting InvestNest customer service at firstname.lastname@example.org or by deleting your account and discontinuing your use of the Site and the Service. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
FEES AND PAYMENTS
InvestNest may, now or in the future, charge fees for the use of the Service or certain features thereof. You agree to pay to InvestNest all applicable fees for the services purchased on or through the Site or the Service under your account at the then-current rates for such services (including any applicable taxes). Service fees will be billed at the time you purchase any applicable services. Unless otherwise communicated to you by InvestNest in writing, all fees and charges are nonrefundable and you shall remain obligated to pay all outstanding charges, if any, relating to your use of the Site or the Service incurred prior to any termination of your account following such termination. InvestNest may change the fees for the use of the Service, or any service or feature provided thereon, or add new fees or charges, at any time.
InvestNest and North Capital generally receive all payments, and make all disbursements, through electronic funds transfers (ACH transfers) using the bank (or other financial institution) account information you provide to us. You authorize such bank or other financial account to pay any amounts described herein, and authorize InvestNest or North Capital to make any and all investment disbursements, to such account. You agree to provide InvestNest updated information regarding your bank or other account upon InvestNest’s request and at any time that the information earlier provided is no longer valid.
InvestNest HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICE AND ANY CONTENT, PRODUCTS, SERVICES, OR FEATURES MADE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVICE SHALL BE AT YOUR SOLE RISK AND UNLESS OTHERWISE EXPRESSLY STATED BY InvestNest, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, InvestNest, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COMPLIANCE WITH UNITED STATES FEDERAL AND STATE SECURITIES OR BLUE SKY LAWS OR REGULATIONS, SECURITIES EXCHANGE OR SELF-REGULATORY ORGANIZATION’S RULES OR REGULATIONS, AND EQUIVALENT LAWS OR REGULATIONS IN FOREIGN JURISDICTIONS, CORRECTNESS, ACCURACY AND RELIABILITY.
InvestNest HAS NO CONTROL OVER AND NO DUTY TO TAKE ANY ACTION REGARDING AND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE. InvestNest DOES NOT GUARANTEE THE ACCURACY OF ANY USER CONTENT OR THIRD PARTY CONTENT. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON THE SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE SITE OR IN CONNECTION WITH ANY USER CONTENT OR THIRD PARTY CONTENT. InvestNest IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE. InvestNest CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS (RELATING TO INVESTMENTS OR OTHERWISE) FROM USE OF THE SITE AND/OR THE SERVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL InvestNest, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, CONTENT PROVIDERS OR AGENTS, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE OR THE SERVICE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY ALSO APPLIES WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN InvestNest AND RECEIVED THROUGH THE SERVICES OR ANY LINKED SITES.
IN NO EVENT WILL InvestNest’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’ OR SUPPLIERS’ LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY ACCESS TO OR USE OF THE SITE OR THE SERVICE OR ANY PART THEREOF, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, InvestNest’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, InvestNest’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
This defense and indemnification obligation will survive this Agreement and your use of the Site and/or the Service. InvestNest reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.
ELECTRONIC DELIVERY AND NOTICE POLICY
By using the Service, you consent to receive from InvestNest, or any of its affiliates, officers, directors, partners, agents, or employees, all communications, including notices, agreements, legally required disclosures, or other information in connection with the Service or investment offerings made available to you via the Service (collectively, “Notice Information”) electronically. InvestNest may provide the electronic Notice Information by posting them on the Site or sending the Notice Information to the email address you provided to InvestNest during the account registration process. If you desire to withdraw your consent to receive Notice Information electronically, you must discontinue your use of the Service. Except as explicitly stated otherwise, legal notices will be served, with respect to InvestNest and the Site or Service, to email@example.com.
Electronic Communication Privacy Act Notice (18 USC Secs. 2701-2711): InvestNest makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. InvestNest will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on InvestNest’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
GOVERNING LAW; ARBITRATION
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed and enforced in accordance with the laws of the state of Delaware, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. By your agreement to the Terms and your use of InvestNest’s Service, you agree to submit to personal jurisdiction in Delaware for all purposes, and you agree to waive, to the maximum extent permitted by law, any right to a trial by jury for any matter.
Unless otherwise agreed in writing by you and InvestNest, any dispute arising out of or relating to the Terms, or any breach thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and final judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in Delaware. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either InvestNest or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
Any cause of action arising out of or related to the Site or the Service, and all products and services offered via the Site or the Service must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. You acknowledge and agree that you may bring claims against InvestNest only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Questions? Please email us at firstname.lastname@example.org.