Website Terms of Use

Website Terms of Use

Welcome! This website is operated by NSR Invest (“NSRi,” “us,” “our,” or “we”). These Terms of Use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use our websites (which includes any website on which these Terms of Use are posted, including www.nsrinvest.com, www.nsrplatform.com, www.nickelsteamroller.com, and other sites accessible via subdomains, and mobile versions of any of these sites) (each a “Site” and collectively the “Sites”).

To the extent additional rules or guidelines affect your use of these Sites, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using any of our Sites, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Sites.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NSRi AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AND INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS.

 

Our Sites contain information about NSRi and the marketplace lending industry, provide various features and functions that allow you to inform, manage and execute marketplace lending transactions on third party online lending platforms, as well as other content and features (collectively the “Service”). To the extent new services, content or features are added to our Sites in the future, your use of those features is subject to these Terms of Use.

You may be required to agree to additional terms, conditions, or agreements (“Additional Terms”) before you access or use our Service. If there is a conflict between these Terms and any Additional Terms, the terms of the Additional Terms will control with respect to your use of or access to the Service.

 

As a condition of your right to use the Service, you represent that you are of legal age to enter into a binding contract, and that you are not a person barred from accessing a Site or using the Service under the laws of the United States or another country, or by us.

 

We do not represent, warrant or guarantee the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and, as described below, we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Furthermore, nothing contained in the Site constitutes investment, legal or tax advice. The information and any opinions contained on this Site are not and should not be construed as solicitations or offers by NSRi or any of its affiliates to buy or sell any securities or other financial instruments.

 

Our Sites are intended to provide information about our conference, related events, our sponsors, and other information about marketplace lending we believe may interest you. We may provide links for you to make payments, or purchase products and services, comment on a blog post or story, or sign up for mailing lists, however these services or certain features thereof may be operated by third parties, not NSRi. Your use of any features and other content or services provided by, or links to other websites on the Internet that are owned and operated by third parties is not governed by these Terms of Use.

Further, our Service incorporates information from third party marketplace lending platforms using APIs that may be owned and maintained by that third party. These APIs provide your financial and personal information and other data surrounding marketplace lending to NSRi. These third party sites may contain their own terms of use, and you remain responsible for your compliance with any terms governing your use of the third party site and the information your provide NSRi through that party’s API. By linking a third party account to NSRi via API, you represent that you have the necessary authority to grant us access to the information provided through that API.

You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site, or any services provided by third parties, including the third party APIs. You further acknowledge that any reliance on representations and warranties provided by any party other than NSRi will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party.

 

All data, features, information, text, graphics images, music, sounds, photographs, illustrations, logos, messages, audio, information, video and other information or content that is available through the Service, including any such content licensed from a third party (collectively, “NSRi Content”) is for informational purposes only.

Subject to your compliance with this Agreement, NSRi grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to access and view all NSRi Content solely for your own personal purposes in connection with your own use of the Site and Service. You will have no right to sublicense this license. You shall not, and shall not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any NSRi Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any NSRi Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any NSRi Content. Except as stated in this section or as provided by any Additional Terms, you are granted no other licenses or rights in or to any NSRi Content.

 

All intellectual property rights related to the Sites, Service, NSRi Content, and the technology, algorithms, and software underlying the Site and Service or distributed in connection therewith, are the exclusive property of NSRi and its licensors. You acknowledge that you are not receiving any ownership interest in or to any of the foregoing, and no right or license is granted to you to use them apart from the rights of access to the Site and Service granted under these Terms of Use. You are prohibited from copying, distributing, republishing, displaying, posting, transmitting, decoding, or reverse engineering any content or code from the Site or Service unless you obtain express written permission from NSRi.

All trademarks, service marks, logos, trade names and any other proprietary designations of NSRi used on the Site are trademarks or registered trademarks of NSRi. All goodwill generated from the use of NSRi trademarks will inure to the exclusive benefit of NSRi. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the parties who own them. NSRi reserves all rights not expressly granted herein.

 

We reserve the right to modify or discontinue all or any portion of our Sites or Services, or any features thereof, with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Sites and Service, or that operation of our Sites and Service will be uninterrupted or error free. You understand that usage of our Sites and Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

NSRi uses reasonable security measures to maintain the security of our Sites and Service. The security of the data collected through our Sites and Service, including your Personal and Financial Information also depends in part upon you. For example, NSRi cannot control to whom you give your password and cannot be responsible for activities that occur because you provided your username and password to another party. You are responsible and liable for maintaining the security for your data, including a schedule to change passwords. In addition, NSRi is not responsible for any third party’s use of our Sites and Service and whether that third party’s use or your use of our Sites or Service is in compliance with laws, rules and regulations applicable to that third party and you.

 

All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of NSRi. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

 

You agree not to use the Sites to:

  1. a) violate or encourage the violation of any local, state, national, or international law;
  2. b) collect or store personal data about other users of our Sites;
  3. c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  4. d) send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by NSRi in its sole discretion;
  5. e) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
  6. f) disrupt or interfere with the security or use of the Site or any websites linked to it;
  7. g) interfere with or damage the Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to a Site;
  8. h) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) NSRi or create or use a false identity;
  9. i) attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access;
  10. j) use any meta tags or any other “hidden text” utilizing the NSRi name, trademarks, or product names;
  11. k) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Site;
  12. l) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or
  13. m) assist any third party in engaging in any activity prohibited by these Terms of Use.

Further, without our written consent, you may not:

  1. a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any NSRi Content or any use of or access to the Sites;
  2. b) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
  3. c) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Sites or monitor or copy our web pages or the content contained thereon;
  4. d) deep link to the Sites for any purpose; or
  5. e) frame the Sites, place pop-up windows over its pages, or otherwise affect the display of its pages

Forbidden Hyperlinks to the Site – In order to respect the integrity of the Site contents and avoid creating confusion among users regarding the origin of the contents, the following are forbidden:

  1. a) Extended links which allow Internet users access to pages within the Site without first passing through the Home Page of the Site or through subsections of the Site;
  2. b) Inline links which allow the user to automatically see the Site contents at a specific location;
  3. c) Framing links, which enable a page from the Site to appear in a frame within the page of the Site visited by the user.

Authorized Hyperlinks to the Site – The following hyperlinks are permitted:

  1. a) Simple links to the homepage of the Site;
  2. b) Simple links to subsections of the Site that do not require logging in to view.

In any event, links from websites containing immoral, violent, pornographic or pedophilic material, websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit, are strictly forbidden.

Under no circumstances shall a hyperlink to the Site from the website of a third party imply co-operation between NSRi and such third-party website. NSRi has no control over third-party websites and therefore assumes no responsibility with respect to contents, products, services, information, hardware or software of websites containing a hyperlink to the Site.

 

NSRI, ITS RELATED ENTITIES, ITS SERVICE AND INFORMATION PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “NSRI PARTIES”) SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, TIMELINESS, PRESENTATION OR AVAILABILITY OF INFORMATION OR FOR ANY DECISION MADE OR ACTION TAKEN, BY YOU, WHETHER DIRECTLY OR INDIRECTLY, IN RELIANCE UPON THE INFORMATION ON THIS SITE OR THROUGH OUR SERVICE, OR FOR INTERRUPTION OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF THIS SITE. THE PAST PERFORMANCE OF AN INVESTMENT OR INVESTMENT STRATEGY CANNOT GUARANTEE ITS FUTURE PERFORMANCE, AND THE NSRI PARTIES SHALL HAVE NO LIABILITY FOR YOUR OR ANY OTHER PARTY’S INVESTMENT DECISIONS, INCLUDING THE STRUCTURE AND DIVERSIFICATION OF YOUR INVESTMENT PORTFOLIO. FURTHER, THE NSRI PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED ON THIS SITE OR THROUGH OUR SERVICE. THE NSRI PARTIES CANNOT GUARANTEE AND SHALL HAVE NO LIABILITY FOR THE TIMELINESS, DUPLICATIONS, OR DELAYS IN THE EXECUTION OF ANY ORDERS AND PURCHASES YOU WISH TO MAKE OR HAVE MADE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE NSRI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES AND SERVICE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES AND SERVICE IS AT YOUR OWN RISK. ALL INFORMATION, SITES, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES, WILL ANY OF THE NSRI PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES AND SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES AND SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS PRINCIPAL OR REVENUE, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY NSRI PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE NSRI PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.?SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

You represent and warrant to NSRi that: (i) you have the full power and authority to enter into and perform your obligations under these Terms of Use; (ii) your assent to and performance of your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) these Terms of Use constitute legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of NSRi or any third party in your use of the Site; and (v) you will comply with all applicable laws, rules and regulations in your use of the Site, including these Terms of Use.

You agree to indemnify and hold the NSRi Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of our Sites and Service, or other use of our Sites and Service in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Sites or Service using your computer, mobile device or account.

Decisions based on information contained in the Site are the sole responsibility of the user, and as consideration for access to the Site, you agree to indemnify, defend and hold NSRi and its affiliates harmless from and against any claims whatsoever and of any nature for damages arising from any decisions that you makes based on such information.

 

The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. as such laws apply to contracts between Colorado residents performed entirely within Colorado. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the District of Colorado, U.S.A. or in state court in Denver, Colorado U.S.A., and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by NSRi.

 

By entering into Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms of Use must be asserted individually.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with, your use of the Site must be filled within one calendar year after such claim or cause of action arises, or forever be barred. If a claim proceeds in court, we each waive any right to a jury trial.

 

NSRi replies to emails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies. Correspondence from NSRi to you shall be sent to you at the address provided by you. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.

 

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Sites and Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

 

You agree to transact with us electronically. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any notice is effective when sent or posted by us, regardless of whether you read the notice or actually receive delivery. You can withdraw your consent to receive notices electronically by discontinuing your use of the Site and Service.

 

Assignment – These Terms of Use will be binding upon each party hereto and its successors and permitted assigns. These Terms of Use are not assignable or transferable by you without the prior written consent of NSRi. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise.

Integration – These Terms of Use (including all of the policies described in these Terms of Use, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

Waiver – No failure or delay by a party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Severability – If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of NSRi.

Limitation – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Sites or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No Relationship – You and NSRi are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.

Attorney’s Fees – To the extent permitted under applicable law, the prevailing party in any proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal.

Force Majeure – NSRi will not be liable for any failure or deficiency in the performance or availability of the Site or Service by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to NSR, fire, terrorism, natural disaster or war.

 

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to the Site, without further notice to you. Your continued use of any of our Site or Service after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

 

22. Contact Us

If you have any questions about these Terms of Use, please feel free to contact us at:

NSR Invest

Attn: Summer Tucker

1416 Larimer Street, Suite 203

Denver, CO 80202

720-259-0455

Have questions?

We’re here to help. Give us a call at 720-259-0455 or Chat with us.