Terms and Conditions

TERMS OF USE


This website (“Website”) is operated by NXG Strategies, LLC (“NXG,” “NXG Strategies,” “we,” “us,” and “our”) and we maintain our Website to provide you with information about NXG and the products and services we offer (“Service” or “Services”).


By visiting our Website, you agree to all of our Terms of Use (“Terms”) and you acknowledge and understand our Terms (“Website User Agreement” or “Agreement”). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.


Our Terms apply to all users of our Website, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.


We may change and/or update our Terms from time to time at our sole discretion; if we make any material changes to our Terms we will post a notice on our Website. It is your responsibility to check our Website periodically for any changes. If you have questions regarding our Terms, please contact us using one of the contact methods below. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.


These Terms of Use shall remain in full force and effect while you use our Website. Your continued use of or access to our Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 

WEBSITE USER AGREEMENT


These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and NXG Strategies, LLC (“we,” “us” or “our”), concerning your access to and use of the www.nxgstrategies.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, our “Website”). You agree that by accessing our Website, you have read, understood, and agreed to be bound by all of these Terms of Use.



Supplemental terms and conditions or documents that may be posted on our website from time to time are hereby expressly incorporated herein by reference. These Terms of Use and any policies or operating rules posted by us on our Website or in respect to our Website constitute the entire Agreement and understanding between you and us. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of our Website after the date such revised Terms of Use are posted. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.



The information provided on our Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


Our Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for our Website.

 

MISCELLANEOUS


Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of our Website. You agree that these Terms of Use and any ambiguities in the interpretation of these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

USER REPRESENTATIONS


By using our Website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access our Website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use our Website for any illegal or unauthorized purpose; and (5) your use of our Website will not violate any applicable law or regulation.


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate you from our Website and refuse any and all current or future use of our Website (or any portion thereof).

 

TERM AND TERMINATION


These Terms of Use shall remain in full force and effect while you use our Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF OUR WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN OUR WEBSITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.


If we terminate or suspend you from our Website for any reason, you are prohibited from our Website under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your from our Website, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

SITE MANAGEMENT


We reserve the right, but not the obligation, to: (1) monitor our Website for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from our Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage our Website in a manner designed to protect our rights and property and to facilitate the proper functioning of our Website.

 

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION


NXG strives to ensure the accuracy of information on our Website, but we are not responsible if information made available on this our Website is not accurate, complete or current. The material on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.


Our Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

MODIFICATIONS AND INTERRUPTIONS ON OUR WEBSITE


We reserve the right to change, modify, or remove the contents of our Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Website.


We cannot guarantee our Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Website during any downtime or discontinuance of our Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support our Website or to supply any corrections, updates, or releases in connection therewith.

 

MODIFICATIONS TO THE SERVICES


NXG reserves the right at any time to modify or discontinue our Services (or any part thereof) without notice at any time. Rates and prices for our Services displayed on our Website are also subject to change without notice.


We shall not be liable to you or to any third-party for any modification, rate change or price change, suspension or discontinuance of any of the Services.

 

INTELLECTUAL PROPERTY RIGHTS


Unless otherwise indicated, our Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Content and the Marks are provided on our Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of our Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


Provided that you are eligible to use our Website, you are granted a limited license to access and use our Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to our Website, the Content and the Marks.

 

THIRD-PARTY LINKS, WEBSITES AND CONTENT


Certain content, products and services available via our Website or Services may include materials from third-parties.


Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Nonetheless, we seek to protect the integrity of our Website and welcome any feedback about these sites.

 

PRIVACY POLICY


We care about data privacy and security. Please review our Privacy Policy: www.nxgstrategies.com/privacy-policy

By using our Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised our Website is hosted in the United States. If you access our Website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of our Website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from our Website as quickly as is reasonably practicable.

 

DATA COLLECTION


We will maintain certain data that you transmit to our Website for the purpose of managing the performance of our Website, as well as data relating to your use of our Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.


Please refer to our Privacy Policy for further details

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


Visiting our Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

 

SUBMISSIONS


You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding our Website (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

PROHIBITED ACTIVITIES


You may not access or use our Website for any purpose other than that for which we make our Website available. Our Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.


By using our Website, you agree not to:

  1. Systematically retrieve data or other content from our Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of our Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use a buying agent or purchasing agent to make purchases on our Website.
  4. Use our Website to advertise or offer to sell goods and services.
  5. Engage in unauthorized framing of or linking to our Website.
  6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  7. Make improper use of our support services or submit false reports of abuse or misconduct.
  8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. Interfere with, disrupt, or create an undue burden on our Website or the networks or services connected to our Website.
  10. Attempt to impersonate another user or person or use the username of another user.
  11. Sell or otherwise transfer your profile.
  12. Use any information obtained from our Website in order to harass, abuse, or harm another person.
  13. Use our Website as part of any effort to compete with us or otherwise use our Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
  14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Website.
  15. Attempt to bypass any measures of our Website designed to prevent or restrict access to our Website, or any portion of our Website.
  16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Website to you.
  17. Delete the copyright or other proprietary rights notice from any Content.
  18. Copy or adapt our Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Website.
  20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Website, or using or launching any unauthorized script or other software.
  22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Website.
  23. Use our Website in a manner inconsistent with any applicable laws or regulations.
  24. Circumvent, disable, or otherwise interfere with security-related features of our Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Website and/or the Content contained therein.

 

DISCLAIMER OF WARRANTIES


OUR WEBSITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. NXG MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, BY OPERATION OF LAW OR OTHERWISE, IN CONNECTION WITH OUR WEBSITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE UNDER OR OTHERWISE IN CONNECTION WITH OUR WEBSITE AND SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, INTERNS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, LICENSORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

 

INDEMNIFICATION


You agree to indemnify, defend and hold harmless NXG Strategies and our subsidiaries, affiliates, and all of our respective officers, agents, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, losses, costs, damages, liabilities, judgments, settlements or regulatory actions, including defense costs, fines, expenses, and reasonable attorneys’ fees arising from, or in any manner relating to (1) use of our Website; (2) breach of these Terms of Use or the documents they incorporate by reference; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of our Website with whom you connected via our Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

CALIFORNIA USERS AND RESIDENTS


If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

 

GOVERNING LAW


These Terms of Use and your use of our Website are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the the State of Tennessee, without regard to its conflict of law principles.

 

CONTACT INFORMATION


For more information regarding our Terms of Use, or if you have any questions, please contact us:


By Mail:


NXG Strategies, LLC

830 Crescent Centre Drive, Suite 180

Franklin, TN 37067

Attn: Legal

 

By Phone:


615-823-1311

 

By Fax:


866-819-2343

 

By Email:


info@nxgstrategies.com

 

Effective Date: June 26, 2018