Terms of Use

Copyright:

The works of authorship contained in this world wide website in the domain “www.nasdaqprivatemarket.com” (the “NPM Site”), including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by The NASDAQ Private Market, LLC or one of its affiliates (collectively, “NPM”), and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of NPM except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing NPM’s Copyright, Disclaimer, Trademarks & User Generated Content Notices.

Unless you have a NASDAQ Logo License or other written agreement in effect with NPM which states otherwise, you may only provide a hypertext link to the NPM Site on another website, provided that (a) the link must be a text-only link clearly marked “NASDAQ Home Page” or “NASDAQ.com”, (b) the link must “point” to the URL “//www.nasdaqprivatemarket.com” and not to other pages within the NPM Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with NPM’s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by NPM, (e) the link, when activated by a user, must display the NPM Site full-screen and not within a “frame” on the linked website, and (f) NPM reserves the right to revoke its consent to the link at any time in its sole discretion.

Privacy
Our privacy policy, which can be found here (the “Privacy Policy”), explains how NPM treats your personal information when you access and use the Site. The Privacy Policy may be updated from time to time in the sole discretion of NPM. Changes are effective upon posting to the Site, or as otherwise specified upon posting.

Information from Third Parties; Third Party Links
Third parties may provide NPM information and/or documentation, including links to third party websites.  NPM does not make enquiries into, does not endorse, warrant or guarantee, and is not responsible for, the accuracy, validity, legality, security, completeness or any other aspect of any such information, documentation, links or sites or any investment opportunities, products, or services available through them, or the information you provide to such third parties or provide to NPM to provide to such third parties.  With regard to third parties and their websites, NPM is not responsible for the content, activities or policies (including privacy policies) of those third parties. You are responsible for evaluating whether You want to access or use all such information, documentation or sites. You assume all risk, and We disclaim all liability arising from Your use of or reliance on such information, documentation or sites, and for the manner in which such third parties treat information provided to them.

Your Use of the Site
Your right to access and use the Site is personal to You and is not transferable by You to any other person or entity. You agree that You will not access or use the Site in an unlawful or unauthorized manner. For example, you will not:

  1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site, without NPM’s express written consent, which may be withheld in NPM’s sole discretion;
  2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engines and search agents available through the Site and other than generally available third-party web browsers;
  3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Site;
  4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
  5. Post or transmit any content which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any content that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate;
  6. Post or transmit any content that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
  7. Post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in areas explicitly designated for such purpose; or
  8. Interfere with other users’ use of the Site, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Site infrastructure or that negatively affects the availability of the Site to others.

Your access to and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, technical issues, standard maintenance or security concerns, periodic updating, maintenance or repair of the Site or other actions that NPM, in its sole discretion, may elect to take. NPM may, but is not required to, provide advance notice of any service interruptions. NPM is not responsible or liable for any effect on You for such service interruptions. NPM cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings or other service interruptions. NPM cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

Rights You Grant to NPM
You authorize NPM to use, free of any charge, any information, data, materials or other content (collectively, “Account Content”) You provide in connection with the Site for the purpose of providing and improving the Site and related services, and in accordance with the Privacy Policy.

Disclaimer
All information contained herein is obtained by NPM from sources believed by NPM to be accurate and reliable. However, NPM is not responsible for any content published or posted on the NPM Site, including but not limited to any content that is considered illegal, offensive, threatening, libelous, defamatory, or obscene. Further, neither NPM nor the Information Providers are responsible for any inaccurate postings, comments, or information on the NPM Site, whether posted or caused by users, employees, equipment, programming, or conduct of users, online or offline. The NPM Site may contain information on various finance and accounting issues, securities and securities markets (collectively, “Financial Content”); however there is no guarantee that any information on these matters is true, correct, or precise.

ALL INFORMATION, INCLUDING BUT NOT LIMITED TO FINANCIAL CONTENT, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NPM AND THE INFORMATION PROVIDERS MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND TO USER AND/OR ANY THIRD PARTY, INCLUDING WARRANTIES AS TO ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Investment-related advice and comments presented on the NPM Site are solely those of the individuals or entities who published them. They do not in any way represent the opinions of NPM on whether to engage in any specific investing decision. Use caution as you read through information posted on the NPM Site and when engaging other users.

NPM may, but has no legal obligation to, remove content that it determines in its sole discretion to be inaccurate, unlawful, offensive threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property.

The NPM Site is not a forum to register a formal regulatory complaint. If you have a specific complaint about the trading of a security, a broker-dealer, or registered representative, please register your complaint with an appropriate regulatory entity. For more information, see www.sec.gov (U.S. Securities and Exchange Commission), www.finra.org (Financial Industry Regulatory Authority) or www.nasaa.org (North American Securities Administrators Association).

UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, NEITHER NPM NOR ANY INFORMATION PROVIDER(S) SHALL HAVE ANY LIABILITY IN TORT, CONTRACT, OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY), TO ANY USER AND/OR ANY THIRD PARTY.

NEITHER NPM NOR ANY INFORMATION PROVIDER(S) SHALL UNDER ANY CIRCUMSTANCE BE LIABLE TO ANY USER (AND/OR ANY THIRD PARTY) FOR ANY LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF NPM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions which supersede the above. Any clause of this Disclaimer declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. The terms of the Disclaimer may only be amended in a writing signed by NPM and are governed by the laws of the State of New York.

Notice of Service Marks / Trademark Rights
The trademarks, service marks and logos (collectively, the “Marks”) used on the NPM Site are registered and unregistered trademarks and/or service marks owned by NPM and its affiliates in the United States and certain other countries throughout the world. Nothing contained on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Marks without the written permission of NPM.  Any misuse of the Marks or any Content, except as provided in this statement, is strictly prohibited and may violate trademark laws.

Other brands or product names used on the website are trademarks and/or service marks of their respective owners, should be treated as such, and may be registered in various jurisdictions.