Terms of Use and Important Legal Information

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBPAGES OF NC4 SOLTRA LCC AND ITS AFFILIATES (COLLECTIVELY, “NC4”) (THE “WEBSITE”). THESE TERMS OF USE (“TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.  BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

1.    Scope.  These Terms of Use govern Your access to and use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement between You and NC4.

2.    Modifications. NC4 may revise and update these Terms of Use at any time.  Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of NC4.  NC4 may establish or change, at any time, general practices and limits concerning the Website, its content, and the products and services represented thereon in its sole discretion.

3.    No offer.  None of the Content on this Website shall be considered an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading strategy. Further, none of the Content is intended to constitute financial, legal or other advice of any kind or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such.

4.    Content.  The Website contains a variety of information concerning NC4 Soltra LCC and its affiliates (collectively, “NC4”) and their products and services.  All Content on the Website, including pages, screens, text, graphical and other images or designs, photographs, video, audio, information, data, documentation, policies, material, brand elements, trade dress, and the general “look and feel” (collectively, “Content”) and the software supporting the Content is the exclusive proprietary intellectual property, including the exclusive copyright, patent and trademark rights thereto, of NC4 or is used with permission of the owner thereof.  Except as expressly provided herein, NC4 conveys to You no interest or rights in or to the Content.  Without limiting the generality of the foregoing, the display of Content does not constitute a waiver of any of NC4’s proprietary rights in or related to such Content (including, but not limited to, patents, copyrights, service marks and trademarks) or a transfer of any such rights You or any users or third-parties.  

5.    Restrictions on Use.  The Content is for personal use only, and, except with the written permission of NC4, in its sole discretion, you may not publish, republish, redistribute, broadcast or retransmit the Content, frame any part of the Content, take and disseminate a screenshot of any Content, compile the Content into a database, product or information service, create any derivative of the Content for commercial distribution, use, take, download, reproduce, disseminate, modify or tamper with in any way the software or its code supporting the Content, use the Content to compete with the business of NC4, or authorize any other person to engage in any of these activities with respect to the Content. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine or systematically scrape or extract data from the Website. Any unauthorized use of Content may violate copyright laws, trademark laws, contract law, the laws of privacy and publicity, and/or communications, regulations and statutes.  You may not disguise the origin of information transmitted through the Website, place false or misleading information on the Website, access any service, information, application or software available via the Website in a manner not expressly permitted by NC4, or  input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website, or Content or that infringes the intellectual property rights of any person.  

6.    Trademarks. All names, designs, logos, slogans, brands and all other identifiers, whether text or graphical, of NC4 and its products and services used, displayed and referenced on the Website are proprietary trademarks, whether registered or not, that are the exclusive property of NC4 in the U.S. and elsewhere (The “Trademarks”).  Other names of companies, products or services appearing on this Website are trademarks of their respective owners. Nothing in these Terms of Use grants you any right to use the Trademarks in any manner for any purpose. You may not represent, directly or indirectly, state or imply that any publication, product, data or any service provided by you has been approved, sponsored by, or endorsed by NC4 or that you are in any way affiliated with NC4.

7.    Limitation of Liability.  The entire risk as to the accuracy, completeness and use of the Content of the Website is with you, as is the risk of viruses and other contamination. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE.

THE NC4 WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, ERRORS, DEFECTS, INACCURACIES AND OMISSIONS. NC4 DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT TO ALL ASPECTS OF THE NC4 WEBSITE.  NC4 DOES NOT IN ANY WAY GUARANTEE, AND SHALL NOT BE LIABLE FOR, THE ADEQUACY, QUALITY, ACCURACY, COMPLETENESS, WORTH, OR TIMELINESS OF CONTENT THAT IS MADE AVAILABLE OR OBTAINED BY WAY OF THE WEBSITE. NC4 DOES NOT WARRANT THAT THE NC4 WEBSITE OR ITS CONTENT WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING ANY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NC4, OR ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS OR CONSULTANTS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OF USE OR THE PERFORMANCE OR BREACH THEREOF, FROM THE WEBSITE OR ANY CONTENT OR THE USE THEREOF, OR FROM ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EVEN IF THEY MIGHT HAVE ANTICIPATED OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8.    Indemnity. To the maximum extent permitted by law, you agree to indemnify NC4 and its affiliates and their directors, managers, employees, agents and consultants (the “Indemnified Parties”) in respect of, and hold each of them harmless from and against, any and all losses, liabilities, damages, fines, penalties, deficiencies, costs or expenses, including the reasonable fees and expenses of attorneys or other experts and professional advisers suffered, incurred or sustained by any of them, or to which any of them becomes subject, as a result of, any third party claim arising from or related to (a) your use, including commercial use, of Content or (b) your violation of these Terms of Use.

In providing the indemnity hereunder, you shall not (i) take any action that purports to speak on behalf of NC4, including without limitation submitting an answer, asserting a defense or any kind or interposing a third party claim; or (ii) consent to entry of any judgment or enter into any settlement which (A) does not include, as an unconditional term, the grant by the claimant to the Indemnified Parties of a release of all liabilities in respect of all claims made in the suit or proceeding, (B) imposes un-reimbursed monetary or continuing non-monetary obligations on any Indemnified Party, or (C) otherwise adversely affects the rights of any Indemnified Party.

9.    Links. The NC4 Website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. NC4 has no control over such third party websites, and NC4 is not responsible for (and under no circumstances shall be liable for) the contents, policies, accuracy or reliability of any websites hyperlinked to the NC4 Website. Inbound linking to any page of the Website other than to [https://www.soltra.com] through a plain text link is strictly prohibited in the absence of a separate linking agreement with NC4. Any website or other device that links to [https://www.soltra.com] or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that NC4 or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with NC4 or any of its affiliates, and (e) presenting false information about NC4 products or services.

10.    Termination. NC4 may, in its sole discretion, terminate or suspend Your access to or use of the Website  at any time and for any or no reason, even if access and use continues to be allowed to others.  Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content.  You agree that NC4 shall not be liable to You or any third party for any termination or suspension of Your access to the Website.  

11.    Claims, Jurisdiction and Choice of Law. The Content may contain references to products, programs and services that are not announced or available in your country or region. NC4 makes no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. NC4 and You each agree to bring any action relating in any way to these Terms of Use, the NC4 Website, or any Content distributed by or through the NC4 Website, in the courts located in New York, New York.  Soltra and You each waive any right to a jury trial. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

12.    Privacy.  Please see the NC4 Privacy Policy for information regarding the collection and use of commentary and personal information from the Website.

13.    General.  If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Specific Content, areas or pages of the Website may include or reference additional or different terms relating to the use of the Website or the rights or obligations of You or NC4 (“Specific Terms”). By accessing such Content, areas or pages, you agree to be bound by those Specific Terms. In the event of a conflict between such Specific Terms and these Terms of Use, such Specific Terms shall control for the applicable Content, areas or pages.

Except as otherwise set forth in a separate written agreement signed by an authorized representative of NC4, these Terms of Use, including any Specific Terms, represent the entire understanding relating to the use of the NC4 Website and its Content and prevail over any prior or contemporaneous, conflicting or additional communications. The failure of NC4 to exercise or enforce any right conferred upon it by these Terms of Use or any Specific Terms shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time or times thereafter. No course of conduct between NC4 and you or any other party will be deemed to modify any provision of these Terms of Use.

Unless otherwise indicated, all material on this site © 2015-2017 NC4 Soltra LLC.

All rights reserved.