Terms
TERMS OF USE
By accessing this website and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions pertaining to the use of the Site. Nixon Capital LLC (“Nixon Capital”) reserves the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.
1. Limited License to Use the Site
Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grant or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Nixon Capital or any of its affiliates. Any data that you transmit to the Site (including without limitation personally-identifiable information) becomes the property of Nixon Capital and may be used by Nixon Capital for any lawful purpose without restriction, subject to the Privacy Policy. Nixon Capital reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.
Nixon Capital grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site.
2. No Offer of Securities
Under no circumstances should any material at the Site be used or considered as an offer to sell or a solicitation of an offer to buy any security mentioned or interest in any investment fund sponsored or managed by Nixon Capital. Any such offer or solicitation can and will be made only by means of the Confidential Information Memorandum of each such investment fund, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such investment fund, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended. Access to information about the investment funds is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements. You acknowledge that any request for additional information are unsolicited, and that any information obtained through this website shall not constitute or be considered investment advice, a solicitation of an offer to buy, or an offer to sell any security.
3. Cookies
Cookies are small block of data created by a web server that is stored on a file in your hard drive. Our website utilizes this technology to collect, store, and aggregate data about usage and browsing patterns. This technology helps us analyze and tailor the site for all users and better understand how our site is used. Except as noted herein, we do not have any personally identifiable information about you unless you choose to give us such information during an online session. If you do give us personal information during your session, we will collect that information and use it to service your request and as otherwise described in our Privacy Policy.
4. No Reliance
While Nixon Capital uses reasonable efforts to update the information contained in the Site, Nixon Capital makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Any content of the Site is subject to change without notice.
5. Materials to be Consulted in its Entirety
All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
6. Links to Third Party Web Sites
Nixon Capital has not reviewed any of the websites that may be linked to the Site and is not responsible for their content. Nixon Capital is not responsible for the privacy practices of such other websites. Your linking to or use of any off-site pages or other websites is at your own risk. Nixon Capital’s inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites.
7. No Warranty
Nixon capital, its affiliates, and their officers, directors, principals, agents and employees make no representations or warranties, express or implied, regarding the suitability or other characteristics of the information and materials contained on or presented through the site. All such information and materials are provided “as is”, without any warranty of any kind. Nixon capital hereby further disclaims all warranties and conditions with regard to such information and materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability.
8. Limitation of Liability
To the full extent permitted by law, Nixon Capital, its affiliates, or their officers, directors, principals, agents and employees will not be liable for any claims, liabilities, losses, costs or damages, including indirect, punitive, incidental, special or consequential damages, arising out of or in any way connected with (i) the use of or inability to use the site or with any delay in using the site, or (ii) any information and materials obtained through the site, or (iii) otherwise arising out of the use of the site; in any case whether based on theories arising in contract, tort, strict liability or otherwise. Such limitations apply even if Nixon capital, its affiliates, or any of their officers, directors, principals, agents or employees have been advised of the possibility of damages.
9. General
These Terms of Use are governed by the internal laws of the State of Texas, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in Travis County, Texas, U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. You hereby appoint the Secretary of State of the State of Texas as your agent for service of process in any such proceeding.
Any notice to Nixon Capital shall be given in writing and sent by registered mail to:
1701 Nueces Street, Unit C, Austin, TX 78701
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.