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terms & conditions

TERMS OF USE

The following are the terms and conditions of use (the 'Terms of Use”) of the website located at www.nev.com (the 'Website'). The Website is the property of New Evolution Ventures, LLC  (“NeV”). By accessing, browsing and/or otherwise using the Website you acknowledge that you have read, understood, and agree, to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.

Information Only.  NeV provides various information and material through the Website. The material provided is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any securities, to make an investment or to engage in any other transaction or a recommendation to do any of the foregoing.   No material on the Website constitutes investment, legal, tax or other advice nor should it be relied on in making an investment or other decision.  You should obtain relevant and specific professional advice before making any investment decision. 

Your Use of the Website. You agree to provide true, accurate, current and complete information about yourself. You may not pretend that you are, or that you represent, someone else or impersonate any other individuals or entity. You also represent and warrant that you are not a competitor of NeV, or agent thereof. You are responsible for your password and user ID. You acknowledge and agree that the Website contains proprietary information that is protected by applicable intellectual property and other laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the material displayed  and accessible through the Website. You also agree not to use the Website to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; or (c) interfere with or disrupt the proper working of the Website. You may not probe, scan or test the vulnerability of the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user or visitor to the Website. You agree not to use any automated device or process (including without limitation, 'deep-link,' 'page-scrape,' 'robot,' or 'spider') or any similar or equivalent manual process, to monitor, access, copy or extract information or content from the Website, except to use such information or content for purposes of listing the Website with a search engine or other service designed to direct users to the Website. You agree not to copy, modify, or publicly display any information or content on the Website for use in any commercial manner, except to use such information or content for purposes of listing the Website in a search engine or other service directing users to the Website.

Trademarks.  ”New Evolution Ventures” and “NEV” are registered trademarks owned exclusively by New Evolution Ventures, LLC. All other marks displayed on the Website may be the property of New Evolution Ventures, LLC or an affiliate.

Access from Outside the U.S.  This website is controlled and operated by NeV from its offices within the United States. NeV makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Links to Third-Party Websites and Co-Branded Websites.  The Website contain links to third-party websites, however, please be aware that NeV is not responsible for and cannot control these other websites. The Website may also contain links to co-branded websites that are maintained by third parties by agreement with NeV.  NeV makes no representations whatsoever about any other website. When you access any other websites, even one that may contain the NEV logo, please understand that it is independent from NeV, and that NeV may have no control over the content on that website. In addition, a link to another website does not mean that NeV endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever website you select for your use is free of viruses, contamination or other items of a destructive nature.

No Warranty. YOU UNDERSTAND AND AGREE THAT NeV AND ITS SUPPLIERS, PROVIDE THE WEBSITE SERVICES ON AN "AS IS" AND 'AS AVAILABLE' BASIS. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NeV CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBISTE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. NeV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NeV DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NeV FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICITONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

Violation of Terms of Use; Indemnity. If you do not comply with these Terms of Use, NeV (in its sole discretion and without limitation of its other rights or remedies) may terminate your access to the Website and/or block your future access to the Website. You agree to indemnify and hold NeV, its officers, members, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses, including attorneys' fees, made by any third party due to or arising out of your use of the Website.

Copyright Policy.  NeV respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NeV's Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; a description of where the material that you claim is infringing is located on the Website, including the URL; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. NeV’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Name:  Copyright Agent. Address: 3595 Mt. Diablo Blvd. Suite 300 Lafayette, CA 94549. E-Mail: info@NEV.com

Privacy. By agreeing to this Agreement, you also consent to the privacy practices set forth in our Privacy Policy, which may be modified as set out in the Privacy Policy. To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used accordance with our Privacy Policy.

Children. The Website is not intended for use by children. If you are under the age of 18, you may not use our Website. By accepting this Agreement, you agree and warrant that you are not under the age of 18.

Modification. NeV may amend the Terms of Use at any time by posting the amended terms on the Website. All amendments shall be effective upon posting. Your use of the Website following the effective date of any modifications shall constitute your acceptance of those modifications.

Governing Law; Jurisdiction. You agree that all matters related to your access to or use of the Website, including all disputes, will be governed by the laws of the State of California, USA. The rights and liabilities of the parties shall be determined in accordance with the law of the State of California, without regard to its principles of conflicts of laws. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of these Terms of Use, including any tort claim, shall be filed within one (1) year after such claim or cause of action arose or be forever barred. Furthermore, you and NeV agree that any claim arising out of or related to use of these Terms of Use, including any tort claim, shall be subject to final and binding arbitration submitted solely in the City of San Francisco, California and governed by the Commercial Dispute Resolution Rules of the American Arbitration Association.

Contact Information. You can contact NeV, by postal mail at the following address: NeV, 3595 Mt. Diablo Blvd. Suite 300, Lafayette, CA 94549. Except as explicitly stated otherwise, any notices shall be given by postal mail to NeV, Attn: Website Manager at the address listed above (in the case of NeV) or by e-mail to the e-mail address you provide to NeV during the registration process (in your case).

General.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Use constitute the entire agreement between you and NeV with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and NeV with respect to such use are hereby superseded and cancelled. You agree that if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

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