Terms of Use

Terms and Conditions

The Terms and Conditions stated below (these “Terms”) govern your use of the website located at (nms-capital.com) (the “Website”), which is provided by New MainStream Capital Management Holding, LLC (“NMS,” “we”, “us” or “our”, and together with its predecessor entities, the “Firm”). Your use of the Website constitutes your binding acceptance of the Terms, including any modifications that we make, and your consent to the Terms without limitation or qualification. If you do not agree to these Terms, do not use this Website. By using the Website, you consent to our use of any information that you provide to us or that we collect, in accordance with the Terms. We may modify the Terms at any time without notice to you by posting revised versions of the Terms on our Website, which will immediately become effective. By continuing to use the Website, you consent to such changes.

NO OFFER; ASSUMPTION OF RISK

The information, tools and material presented in this Website are provided to you for informational purposes only and are not intended to be, and should not be used or considered as an offer, recommendation or solicitation to sell or an offer, recommendation or solicitation to buy or subscribe to any financial instruments, investment management services or advisory services. This Website does not intend to provide investment, tax or legal advice. NMS does not represent that the securities, financial instruments, products or services are suitable or appropriate for all investors. No investment decisions may be made based on information contained on this Website. It is the user’s responsibility to evaluate the accuracy, completeness and usefulness of any content provided on the Website and to weigh any decision carefully. Your use of the Website constitutes your acknowledgement that you bear all risks associated with using such content. We make no representations or warranties concerning any action taken by any person in reliance on the information provided through the Website.

 ACCESSING THE WEBSITE

Certain sections of this Website are accessible only through a username and password. You are responsible for maintaining the confidentiality of your username and password, and you agree to accept responsibility for all activities that occur under your username or password. NMS will not be responsible or liable for any loss, expense or damage arising in any way from the use of the username and password or the accessing of information or materials therewith. You will notify NMS immediately of any loss, theft, disclosure or unauthorized use of your password or any other breach of security.  This website is not intended for use by those under 18 years of age.  Minors under 13 years of age may not use this website

 LINKS TO THIRD PARTY SITES

The Website may provide access or contain links to Internet sites and services owned and operated by third parties. Inclusion of these links and services on the Website does not constitute our endorsement of the materials on those third-party sites and does not signify any association with the owners or operators of those third-party sites and services. Your use of such third-party sites and services is subject to the terms and conditions set by the third-party site or service in question. We have no control over these third parties, and we are not responsible for their activities. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies of those sites prior to providing them with any information. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, remain solely between you and that third party. You agree that we will not be responsible for or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

CONDUCT ON OUR WEBSITE

The Website and the software underlying the Website and any services is the property of NMS, its affiliates and its contractors. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute or reverse engineer any of the technology or software underlying the Website or any services. You agree not to modify the software underlying the Website in any manner or in any form or to use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to the Website.

Unauthorized access to the Website is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy any part of the Website, except those automated means that we have approved in advance and in writing.

Without limiting the foregoing, you agree that you will not use our Website to take any of the following actions:

  1. interfere with or disrupt the Website, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
  2. access data not intended for you or log into a server or account that you are not authorized to access;
  3. forge headers or manipulate identifiers or other data in order to falsify or disguise the origin or source of any Content (as defined below) transmitted through the Website or to manipulate your presence on the Website; or
  4. engage in any activities prohibited by law.

Use of the Website is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law-enforcement requests or requirements relating to your use of the Website. We have the right, but not the obligation, to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice:

  1. restrict, suspend or terminate your access to all or any part of our services and all or any Content;
  2. modify, suspend or discontinue all or any part of our services;
  3. refuse, move or remove any Content; or
  4. establish general practices, fees and policies concerning the Website and the services we provide.

You agree that we will not be liable to you or any third party for taking any of these actions.

 OWNERSHIP OF CONTENT

All of the content available through the Website (“Content”), including, but not limited to, any written content, photographs, graphics, images, illustrations, trademarks, service marks, logos, sound or video clips, animations and software, including the selection and arrangement thereof, are protected under the copyright laws, trademark laws and other intellectual property laws of the United States and other countries and are the property of NMS or its affiliates, unless otherwise stated. They may only be used for the personal education of visitors to the Website. Except as expressly permitted herein, you may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content on the Website in whole or in part, whether by electronic or any other means, without our prior written consent.

TRADEMARKS

NMS’s name and logo used on the Website are service marks of NMS and its affiliates. They may not be used or displayed without the prior written consent of NMS. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners.

DISCLAIMER OF WARRANTIES

Past performance should not be taken as an indication or guarantee of future performance, and no representation or warranty, express or implied, is made regarding future performance. Opinions and/or estimates reflect a judgment at the original date of publication by NMS and are subject to change without notice.

This Website is subject to periodic update and revision, including, but not limited to, the list of NMS professionals, whose status and/or title may change from time to time, as well the list of advisors to NMS’s funds, who are not NMS employees and retained by the funds and/or portfolio companies. NMS reserves the right, in its sole discretion, without any obligation and without any notice, to change, modify or delete the information, materials and descriptions on this Website and to suspend or deny access to it. NMS may discontinue or change any product or services described on this Website at any time. Materials should only be considered current as of the date of initial publication, without regard to the date on which you may access the information.

We disclaim any and all responsibility and liability for: (i) the deletion, the failure to store, the misdelivery or the untimely delivery of any information or material; (ii) any harm resulting from downloading or accessing any information or material on the Internet using search results from our Website; and (iii) any service outages that are caused by our maintenance on the servers or the technology that underlies the Website, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CONTENT ON THE WEBSITE. THE WEBSITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT WITH RESPECT TO THE WEBSITE, ANY CONTENT OR ANY OF OUR SERVICES, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. IN ADDITION, WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF THE CONTENT ON THE WEBSITE, AND YOU MAY NOT RELY ON ANY OF THIS CONTENT.

LIMITATION OF LIABILITY NMS AND ITS AFFILIATES, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR THE INABILITY TO USE THE WEBSITE AND SERVICES; OR RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED; OR ARISING OUT OF UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Website.

 INDEMINIFICATION

By utilizing the Website, you agree to indemnify, defend and hold NMS and all of its officers, directors, employees, representatives, agents, information providers and licensors (collectively, the “NMS Parties”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any NMS Party in connection with any claims arising out of (i) your access to, use or misuse of the Website or Content, or (ii) your violation of these Terms.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

 APPLICABLE LAW

These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law that would result in the application of the law of any other state. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 MISCELLANEOUS

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website, our delivering them to you through email or your otherwise becoming aware of such notices through other means. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms constitute the entire agreement between you and NMS and govern your use of the Website, superseding any prior agreements that you may have with us, provided that some of the services available through the Website may be subject to additional terms and conditions regarding privacy and use of information, and your use of those services is subject to those terms and conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

 CONTACT

You can contact NMS at the numbers provided under the Contact Us section of this website.

Last updated on November 25, 2020