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.
2. Description of Service
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.
3. Your Representations
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.
5. Third-party APIs, Information, and Services
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.
6. License For Content
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.
7. Ownership of Intellectual Property
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.
8. Modifications and Interruption to the Sites
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.
10. User Feedback
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.
11. Restricted Activities
You agree not to use the Sites to:
- a) violate or encourage the violation of any local, state, national, or international law;
- b) collect or store personal data about other users of our Sites;
- c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- 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;
- e) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
- f) disrupt or interfere with the security or use of the Site or any websites linked to it;
- 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;
- 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;
- i) attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access;
- j) use any meta tags or any other “hidden text” utilizing the NSRi name, trademarks, or product names;
- k) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Site;
- l) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or
Further, without our written consent, you may not:
- a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any NSRi Content or any use of or access to the Sites;
- b) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
- 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;
- d) deep link to the Sites for any purpose; or
- 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:
- 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;
- b) Inline links which allow the user to automatically see the Site contents at a specific location;
- 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:
- a) Simple links to the homepage of the Site;
- 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.
13. Disclaimer of Warranties and Limitation of Liability
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.
14. Representations, Warranties and Indemnification
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.
15. Governing Laws
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.
16. Dispute Resolution
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.
18. Compliance with Laws
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.
19. Electronic Notice
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.
20. Other Terms
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.
21. Changes to These Terms
22. Contact Us
Attn: Summer Tucker
1416 Larimer Street, Suite 203
Denver, CO 80202
We’re here to help. Give us a call at 720-259-0455 or Chat with us.