Nile Capital Group LLC Website Terms and Conditions of Use Effective Date: January 15, 2018
By accessing, browsing and/or using this Site, you acknowledge and agree to these Terms and Conditions. If you do not agree to every provision of these Terms and Conditions, you do not have permission to access, browse or use this Site. We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. By accessing, browsing and/or using this Site following the posting of changes to these Terms and Conditions, you accept all provisions of the revised Terms and Conditions. If you do not agree to all of the Terms and Conditions, you agree that your sole remedy is to discontinue use of this Site. Any use of this Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions. These Terms and Conditions are effective as of the date indicated above.
1. Restricted Use of Site MaterialsAs between Nile and you, Nile is the copyright owner of all the material displayed on and/or accessible through this Site, including without limitation, software, text, graphics, charts, information, images, reports, presentations and other material (collectively referred to as the “Content”). Nile grants you a limited right to access and use this Site solely for your own personal, internal, non-commercial use. For your personal non-commercial use only, you may print copies of the Content and store it on your own computer. You may not otherwise download or modify this Site or any Content, except with the prior express written consent of Nile. You ARE NOT granted any license for (i) any resale or commercial use of this Site and/or any Content; (ii) any derivative use of this Site or the Content; or (iii) any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use by you shall automatically terminate all rights granted to you hereunder.
Nile retains its property rights, including, without limitation, all rights under U.S. and international copyright law, to all Content, (which, for the avoidance of doubt, includes but is not limited to non- textual information components, such as graphic images and trade dress, that are part of or incident to the Content). This means that without the prior express written permission of Nile, you MAY NOT (i) distribute Content to others; (ii) include Content on any other web site, on a server computer, or in documents, including but not limited to “mirroring” the information and/or displaying the information by means of HTML frames or similar means; or (iii) modify or re-use the Content. Nile reserves all rights not expressly granted herein.
Nile Capital Group, the pyramid logo, and Where Investment Ideas Flow Freely are trademarks and/or registered trademarks of Nile. You acknowledge and agree that any name, logo, trademark or service mark contained on this Site is owned or used with permission by Nile and may not be used by you without the express prior written approval of Nile or the relevant owner of the name, logo, trademark or service mark. Nile will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of these materials is prohibited unless specifically permitted by Nile in writing prior to any such use. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
2. LinkingYou may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Nile or other parties involved in creating, producing, or delivering this Site may monitor or review any links to this Site, Nile and such parties assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
Although this Site may link to other web sites (“External Sites”), Nile is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any External Site, unless specifically stated herein. By entering this Site, you acknowledge and agree that Nile has not reviewed the External Sites and is not responsible for the content contained on any External Site. Your access and use of any External Site is at your own risk.
3. No Offer of Securities or AdviceYou acknowledge that neither this Site nor any Content made available through the Site is intended to constitute an offer to buy or sell any securities. Nile only provides investment advisory services to the Nile investment vehicles and does not solicit or make its services available to the public. You acknowledge that Nile does not provide any tax, legal, accounting or other professional advice through the Content made available on the Site.
You acknowledge that specific transactions included on the Site are representative. Representative transactions may not include a complete list of all or current Nile. Past performance of representative transactions is no guarantee of future results. It should not be assumed that investments made in the future will be profitable or equal to the performance of previous investments. You agree that such information should not be construed as an offer or solicitation of any security or investment product, nor should it be interpreted to contain a recommendation for the sale or purchase of any security or investment product.
4. Special Notice for International UseThis Site is hosted in the United States. Nile does not claim that this Site is appropriate for your specific jurisdiction. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use this Site if you are restricted by any local, state, national or international laws.
5. Privacy StatementTo understand our privacy practices, please review our Privacy Statement which also governs your visit to and use of this Site.
6. Indemnity and ReleaseYou agree to release, indemnify and hold Nile and the Nile Parties (as defined in Section 8) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site and/or your violation of these Terms and Conditions. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
7. DisclaimersWhile Nile makes reasonable efforts to ensure that the Content is correct, Nile makes no warranties or representations as to the accuracy of the Content. THIS SITE AND ALL CONTENT IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND NILE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NILE ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NILE MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED.
8. Limitations of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF NILE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS AND/OR ANY OTHER PARTY INVOLVED IN THE DEVELOPMENT, MAINTENANCE OR OFFERING OF THE SITE (THE “NILE PARTIES”) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) (UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.