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Terms and Conditions

NEW ENERGY CAPITAL PARTNERS, LLC – TERMS AND CONDITIONS

The terms and conditions of use set forth herein apply to each of the pages of this website (collectively, the “Site”). Please read these terms and conditions of use carefully before using this Site.

By using this Site, you signify your agreement with the following terms and conditions of use without limitation or qualification. New Energy Capital Partners, LLC, and affiliates (collectively referred to herein as “New Energy Capital”) may at any time revise these conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions of use to which you are bound.

Not an Offer of Advisory Services or Securities 

This Site is limited to the dissemination of general information and materials (“Materials”) about the services provided by New Energy Capital. This Site and the Materials contained herein do not constitute and should not be construed as an offering of advisory services or an offer to sell or solicitation to buy any securities or related financial instruments in any jurisdiction. Responses to any inquiry that may involve the rendering of personalized investment advice or effecting or attempting to effect transactions in securities will not be made absent compliance with applicable laws or regulations (including investment adviser registration requirements), or applicable exemptions or exclusions therefrom.

Jurisdictional Issues 

Unless otherwise specified, the Materials in or accessible through the Site are directed at residents of the United States, its territories, possessions, and protectorates. The Site is controlled and operated by New Energy Capital from its offices within the State of New Hampshire, United States of America. New Energy Capital makes no representation that: (i) Materials in or accessible through the Site are appropriate or available for use in other locations; (ii) accessing or downloading Materials from the Site is legal and not prohibited in all locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability, and correctness of any Materials under any or all jurisdictions and the compliance of such Materials with local laws, if and to the extent local laws are applicable. You may not use or export any part of the Materials in violation of U.S. export laws and regulations. The Materials provided in or accessible through the Site are 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 New Energy Capital to any registration or other requirement within such jurisdiction or country.

Investment Risk 

New Energy Capital makes no representation, and it should not be assumed, that past investment performance is an indication of future results. Moreover, wherever there is the potential for profit there is also the possibility of loss. New Energy Capital’s investment strategies involve investments that are illiquid, are subject to a substantial risk of loss and are not suitable for many investors.

Restrictions on Use of Materials

Except as otherwise permitted by New Energy Capital, no Materials from www.NewEnergyCapital.com or any website owned, operated, licensed or controlled by New Energy Capital may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download Material displayed on this Site for non-commercial, personal use only; provided, however, that you also retain all copyright and other proprietary notices contained in the Materials. You may not distribute, modify, transmit, reuse, report, or use any portion of the content of this Site for public or commercial purposes, including the text, images, audio, and video, without New Energy Capital’s prior written permission.

Trademarks and Copyrights

This Site and all its content including, all trademarks, service marks, trade names, logos, and icons are proprietary to New Energy Capital. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of New Energy Capital or such third party that may own the trademarks displayed on this Site. Your use of the trademarks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited.

Images displayed on this Site are either the property of, or used with permission by, New Energy Capital. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Links to Other Websites

This Site may contain links to other websites. New Energy Capital does not review or monitor any websites linked from or to the Site and will not be responsible for the content of any such linked website. If you decide to access a linked website, you do so at your own risk. New Energy Capital is not responsible for the information, materials, or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. Any such links are provided merely for the convenience of the users of the Site and the inclusion of the links does not imply any endorsement, representation, or warranty by New Energy Capital with respect to any such website, content, or services contained through such websites. Furthermore, you agree not to link any websites to this Site without the express prior written consent of New Energy Capital.

Disclaimers

New Energy Capital assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.

WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH HEREIN, THE SITE AND ALL OF ITS MATERIALS ARE MADE AVAILABLE BY NEW ENERGY CAPITAL “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. NEW ENERGY CAPITAL MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET YOUR REQUIREMENTS. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY, AND PERFORMANCE OF THE SITE AND ITS MATERIALS AND ACKNOWLEDGE THAT THE SITE AND ITS MATERIALS MAY BE REVISED, ALTERED, AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF NEW ENERGY CAPITAL. NEW ENERGY CAPITAL DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY MATERIALS WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE, INCLUDING ANY THIRD PARTY SITE REFERRED OR LINKED TO IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

NEW ENERGY CAPITAL ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS. IN NO EVENT WILL NEW ENERGY CAPITAL BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS MATERIALS, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF NEW ENERGY CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NEW ENERGY CAPITAL UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENTS SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to defend, indemnify and hold New Energy Capital and its directors, officers, members, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from: (i) your use of the Site or Materials, in whole or in part; or (ii) your breach or violation of law or any provisions contained herein. New Energy Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

Governing Law and Consent to Jurisdiction

These terms and conditions of use shall be governed by and construed in accordance with the laws of the state of Delaware applicable to agreements made and to be performed wholly within such state. You agree that any dispute or action at law or inequity arising out of or relating to these terms and conditions of use or your use of the Site shall be commenced only in the state or federal courts located in the state of Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.

Waiver

No waiver by New Energy Capital of any right under or term or provision of these terms and conditions of use will be deemed a waiver of any other right, term, or provision of these terms and conditions of use at that time or a waiver of that or any other right, term, or provision of these terms and conditions of use at any other time.

Integration and Severability

If any provision of these terms and conditions of use is found to be invalid, unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions of use represent and constitute the entire agreement between New Energy Capital and you relating to the subject matter discussed herein.

Termination

These terms and conditions of use are effective until terminated by New Energy Capital, provided that you may terminate the terms and conditions of use at any time by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation, copies, and installations whether made under these terms or otherwise. Such termination by you will not be effective if New Energy Capital, in its sole discretion and without notice to you, determines that you failed to comply with any term or condition stated herein. Upon termination of these terms you must destroy all Materials obtained by you or on your behalf from the Site and all associated documentation, copies, and installation whether made under these terms or otherwise.

Last updated September, 2019.