Effective: October 17, 2017
Nextvest.com (the “Website”) is a private, confidential website intended solely for the limited use for which you (and, if applicable, your organization) have been given access. By accessing the Website, the pages contained on it, and the content, information and materials contained or described herein (together the “Information”), you agree that the Website and the Information are of a confidential nature, that you will hold and treat it in the strictest confidence, and that you will not disclose the Information to any other person or entity without the prior written authorization of Nextvest (as defined in the Terms and Conditions of Use), nor will you use the Information in any fashion or manner detrimental to the interest of Nextvest or any deal sponsors that have listed investment opportunities on the Website (Nextvestand such deal sponsors, each, a “Disclosing Party”).
You agree to promptly notify Nextvest of any unauthorized use or disclosure of any Information, and you shall be responsible for any breach of your confidentiality obligations as set forth in this User Confidentiality Policy by your employees and agents.
Due to the unique nature of the Information, you agree that any breach or threatened breach of this User Confidentiality Policy will cause not only financial harm to the Disclosing Parties, but also irreparable harm for which money damages will not be an adequate remedy. Therefore, any Disclosing Party shall be entitled, in addition to any other legal or equitable remedies, to an injunction or similar equitable relief against any such breach or threatened breach of this User Confidentiality Policy without the necessity of posting any bond.
Effective: October 17, 2017
In serving its clients, Nextvest may obtain personal information about such clients. This information is important to Nextvest’s ability to deliver you the highest level of service. Nextvest also recognizes that you expect us to treat this information appropriately.
This policy describes personal information we may collect, how we use the information, when we may share the information, and precautions we take to safeguard the information to protect your privacy. As used throughout this policy, the term “Nextvest” refers to Nextvest, LLC and its affiliates.
Personal information we collect comes primarily from account applications or other forms and materials you submit to Nextvest. We may also collect information about your transactions and experiences with Nextvest relating to the services Nextvest provides. In addition, depending on the services you require, Nextvest may obtain additional information about you, such as your credit history, from consumer reporting agencies.
Finally, in the provision of financial services to you and subject to strict compliance with all applicable laws and regulations, information may be collected about you indirectly from monitoring or other means (e.g., e-mail monitoring). In these circumstances, the information is not accessed on a continuous or routine basis, but it may be used for compliance or security purposes.
If you deal with Nextvest as an individual (e.g. as a private client), or as a settlor/trustee/beneficiary of a trust, or as an owner or principal of a company or other investment vehicle established to invest on your behalf or on behalf of your family, etc., the typical information we collect about you may include (in addition to any other information as may be determined on a case-by-case basis):
Of course, you are not required to supply any of the personal information that we may request. However, failure to do so may result in our being unable to open or maintain your account or to provide services to you. While we make every effort to ensure that all information we hold about our clients is accurate, complete and up to date, we rely on our clients promptly notifying us if there are any changes to their personal information.
We may use your personal information to:
If your relationship with Nextvest ends, Nextvest will continue to treat your personal information, to the extent we retain it, as described in this policy.
More than one entity within Nextvest may be given, or given access to, your personal information. When so sharing your personal information, we adhere to applicable legal and industry standards regarding the protection of personal information. Additional information on how your personal information is protected while within Nextvest is provided below.
Nextvest does not disclose your personal information to third parties, except as described in this policy. Third party disclosures may include sharing such information with investment partners (e.g., deal sponsors), other financial institutions (e.g., lenders requiring such information pursuant to regulatory requirements), and/or nonaffiliated companies that perform support services for your account or facilitate your transactions with Nextvest, including those that provide professional, legal, or accounting advice to Nextvest. Each such third party is required to maintain the confidentiality of such information to the extent received and to use your personal information only while providing the services and only for the purposes dictated by Nextvest.
We may also disclose your personal information to fulfill your instructions, to protect our rights and interests and those of our business partners or pursuant to your express consent. Finally, under limited circumstances, your personal information may be disclosed to third parties as permitted by, or to comply with, applicable laws and regulations; for instance, when responding to a subpoena or similar legal process, to protect against fraud and to otherwise cooperate with law enforcement or regulatory authorities or with organizations such as exchanges and clearinghouses.
Nextvest will not sell your personal information.
Nextvest is committed to protecting the privacy and confidentiality of your personal information. We limit access to your personal information to authorized Nextvest employees or agents and, as described above in “Disclosures of your personal information to third parties,” third parties are held to stringent standards of privacy. We also maintain safeguards to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure. Some of the other central features of our information security program are:
The following additional information will be of interest to you as a visitor to this site:
This policy provides a general statement of the ways in which Nextvest protects your personal information. You may, relating to specific Nextvest products or services, be provided with privacy policies or statements that supplement this policy.
This policy may be changed from time to time to reflect changes in our practices concerning the collection and use of personal information. The revised policy will be effective immediately upon posting to our Web site.
If you require further information regarding our privacy policies and practices, please email firstname.lastname@example.org.
Effective: October 17, 2017
The Website and the project overviews therein are intended only for accredited investors (for persons residing in the U.S.), and for persons residing abroad in jurisdictions where securities registration exemptions apply.
Nextvest grants you a limited right to use the Website. You shall not use the Website in any way that is fraudulent or unlawful. Your right to use the Website is subject to your agreement to abide by the Terms and Conditions of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason Nextvest may revoke your right to use all or any portion of the Website. Nextvest reserves the right to make changes to the Website and the Terms and Conditions of Use at any time without prior notice to you. For this reason, each time you use the Website, you should visit and review the then-current Terms and Conditions of Use that apply to your use of the Website. The Website and the Content 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. As a condition of your use of the Website, you agree to indemnify and hold Nextvest and its Associates (defined below) harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees), as incurred, arising from your use of the Website or related services or from your violation of the Terms and Conditions of Use.
EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS IN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATEDHEREIN, DO NOT USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE IS A CONDITION TO YOUR RIGHT TO ACCESS THE WEBSITE. YOUR BREACH OF ANY PROVISION OF THESE TERMS AND CONDITIONS OF USE WILL AUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THE WEBSITE AND YOU WILL BE FULLY LIABLE FOR CONVERSION, MISAPPROPRIATION, TRESPASS TO CHATTELS AND ALL OTHER CLAIMS AND CAUSES, REGARDLESS OF THE IDENTITY OF CLAIMANT OR INJURED PARTY, ARISING FROM OR RELATING TO YOUR CONTINUED USE OF THE WEBSITE AFTER SUCH BREACH.
Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these Terms and Conditions of Use.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality used to authenticate users; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or posting; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website and other than generally available third party web browsers; (h) reverse engineering, decompiling or disassembling the underlying software; (i) removing any notices, warnings, labels, annotations or instructions from any portion of the Website or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (j) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Website.
Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). Nextvest may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Website if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.
When accessing the Website, users should be aware that the internet is generally not regarded as a secure environment, and that data sent via the internet can be accessed by unauthorized third parties, potentially leading to disclosures, changes in content or technical failures. Data sent via the internet may be transmitted across international borders even though both sender and receiver are located in the same country. Nextvest does not accept any responsibility or liability for the security of data while in transit via the internet.
The Website may contain certain links. Activating links on the Website may cause individual users to leave the Website. Such links are provided solely for individual users’ convenience and information.
Nextvest has not reviewed any of the websites linked with or connected to the Website and using links on or to the Website is at each individual user’s own risk.
You may download or copy Content only to the extent such download is expressly permitted in writing on the Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software.
“Nextvest” is the trade name for Nextvest. Nothing on the Website shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on the Website. Anything transmitted to the Website by you becomes Nextvest’s property and may be used by us for any lawful purpose. Nextvest reserves all rights with respect to copyright and trademark ownership of all material on the Website, and will enforce such rights to the full extent of the law.
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Nextvest or by third parties who have licensed their materials to Nextvest and are protected by U.S. and international copyright laws. The compilation of all Contents on the Website is the exclusive property of Nextvest and is also protected by U.S. and international copyright laws.
The Website, including all Information, is owned by or licensed to Nextvest and is subject to and protected by various intellectual property rights, including but not limited to copyright, trade secrets, trademarks, service marks, brand names and other proprietary rights whether under contract, statute or any similar provisions (“IP Rights”). All IP Rights are and shall remain the exclusive property of Nextvest, its respective third party licensors or third parties to whom it is attributed and in using the Website individual users shall not obtain any rights, title or other interest in or to any information on the Website or related IP Rights. Subject to the above, individual users are entitled to view the Information on the Website and to copy and print such information for personal use. Individual users are not permitted to sell or distribute or otherwise deal with the Information on the Website or any deviations of such information without the prior written consent of Nextvest.
The Information has been prepared solely for purposes of information and, where relevant, is qualified in its entirety by information provided by the definitive documents. The Information is in summary form for convenience of presentation and under no circumstances should the Information be used or considered as an offer to sell or the invitation or solicitation of an offer to buy any product, service, or security offered by Nextvest. No such offer or invitation or solicitation will be made prior to the delivery of definitive documentation relating to the specific product, service, or security being offered. Delivery of such documentation to any person may be restricted in Nextvest’s sole and unlimited discretion.
Before making an investment decision with respect to any investment, potential investors are advised to carefully read the related final documentation and/or offering memorandum documents (the “Documents”). Further, Nextvest does not give or offer any business advice, investment advice, tax, or legal advice to anyone using this Website, accordingly, potential investors are advised to consult with their tax, legal, and financial advisors prior to making any investment decision.
INVESTORS SHOULD CONDUCT THEIR OWN DUE DILIGENCE AND NOT RELY ON THE FINANCIAL ASSUMPTIONS OR ESTIMATES THAT ARE DISPLAYED ON THE WEBSITE. When making an investment decision, investors must rely on their own examination of the issuer and the terms of the offering, including the merits and risks involved.
Nothing herein shall be relied upon as a promise or representation as to past or future performance. Projected returns do not represent a guarantee of performance. Past performance is no guarantee of future results. Historical returns may not reflect actual future performance and any investor may experience different results from projected returns.
The Website may contain forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as “may,” “will,” “should,” “expects,” “plans,” “anticipates,” “believes,” “targeted,” “projected,” “underwritten,” “estimates,” “predicts,” “potential,” or “continue” or the negative of these terms or other comparable terminology. These forward-looking statements include, but are not limited to, statements concerning the company, property, risk factors, plans and projections. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Nextvest undertakes no obligation to update or review any forward-looking statement, whether as a result of new information, future developments or otherwise. None of Nextvest, the issuer, nor any other person or entity assumes responsibility for the accuracy and completeness of forward-looking statements.
Investments displayed on the Website are not bank deposits, are not insured by the FDIC or by any other Federal government agency, are not approved, passed upon, or endorsed by the SEC or by any state securities commission or regulatory authority, are not guaranteed by Nextvest, and may lose value. No guarantees of investment results are made, and no such guarantee can be made. Investment opportunities posted on this website are “private placements” of securities that are not publicly traded, are subject to holding period requirements and transfer restrictions, are intended for investors who do not need a liquid investment, involve risk, and may lose value.
BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE WEBSITE AND RELATED SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. NEITHER NEXTVEST NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE WEBSITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER NEXTVEST NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT PROVIDED IN THE WEBSITE OR THE MATERIALS OR SERVICES OFFERED IN THE WEBSITE NOW OR IN THE FUTURE. NEXTVEST AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE WEBSITE, INFORMATION ON THE WEBSITE OR THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR RELATED SERVICES. NEXTVEST AND ITS ASSOCIATES ACCEPTS NO RESPONSIBILITY FOR UPDATING ANY PARTY OF THE WEBSITE OR THE CONTENT THEREIN.
UNDER NO CIRCUMSTANCES WILL NEXTVEST OR ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE WEBSITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF NEXTVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Any Content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Nextvest has been advised of or should have knowledge of the possibility of such damages.
The information and opinions are subject to change without notice and does not purport to be complete.
References on this Website to any names, marks, products or services of third parties, or hypertext links to third party websites or information or Content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties, nor the Content of any third-party sites, and do not make any representations regarding third party materials or services, or the Content or accuracy of any material on such third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.
An unfortunate consequence of our reputation is the misuse of our name, brands and reputation by imposters and frauds publishing fake web sites and engaging in "phishing" scams seeking personal or confidential information.
When communicating with Nextvest through digital media, please:
Nothing contained in these Terms and Conditions of Use is intended to modify or amend any other written agreement you may have with Nextvest (including without limitation any customer agreement, participation agreement, operating agreement, investment agreement or account agreement) (“Other Agreements”) if any, that may currently be in effect. In the event of any inconsistency between these Terms and Conditions of Use and any Other Agreements, the Other Agreements will govern. Some pages within the Website contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms and Conditions of Use. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
Headings used in these Terms and Conditions of Use are for reference purposes only and in no way define or limit the scope of the section.
These Terms and Conditions of Use are governed by the laws of New York. Subject to the next section of the Terms and Conditions regarding arbitration, any claim related to any dispute arising as a result of the Website or under these Terms and Conditions of Use will be made before a court of competent jurisdiction located in New York.
If any provision of these Terms and Conditions of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. The failure of Nextvest to act with respect to a breach of these Terms and Conditions of Use by you or others does not constitute a waiver and will not limit Nextvest’s rights with respect to such breach or any subsequent breaches.
By using the Website, you agree that Nextvest, at its sole discretion, may require you to submit any disputes arising from the use of the Website, related services or these Terms and Conditions of Use concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.