This policy tells you, among other things, what information we gather from you, how we may use or disclose that information and our efforts to protect it. Please read this policy carefully, and feel free to contact us at PRIVACY@NEXTSTREET.COM if you have any questions regarding its contents.
Types of Information Collected
In connection with your use of our site, we ask for and may collect a variety of information from and about you in different ways. For example, when you register to use our site, we ask for and store your and/or your businessí name, address, email address and other identifying contact data.
Use of Information
We use your personally identifying information to identify and register you as a user of the site. We may use your email address to contact you directly regarding services or products that we believe may be of interest to you. We may also associate your personally identifying information with information we collect about your preferences and activities at the site, such as the particular pages you request at the site and transactions you effect through the site. We may vary the content you receive in future visits to the site based on your preferences and activities.
We may combine your personally identifying information, and information about your preferences and activities, with those of all or a particular group of our users to prepare collective profiles of our users and their activities. For example, we may track the number of our users who view certain pages or use certain features or compile the total dollar amount of transactions conducted through our site in a particular geographic region. Such information, and other information we derive from individual usersí information, allows us to continue to grow and provide you with quality fellow users through more accurate marketing and advertising of our web site.
Disclosure of Information
We may provide third parties with collective profiles of our user groups and their activities and preferences. Such collective profiles may also be disclosed in describing our site and services to prospective partners, advertisers and other third parties, and for other lawful purposes.
Finally, we may disclose information to fulfill certain legal and regulatory requirements or if we believe, in good faith, that such disclosure is legally required or necessary to protect othersí rights or to prevent harm.
You may choose to restrict our use of your information to maintaining your account on the site, or prohibit our disclosure of your information to others, by contacting us and directing us to impose such limits. If you wish us to restrict the use or disclosure of your information, please send us an e-mail at PRIVACY@NEXTSTREET.COM.
In addition, we will not send unsolicited messages to users of our site who indicate that they do not wish to receive such messages. If you do not wish to receive unsolicited email messages from us, please contact us at PRIVACY@NEXTSTREET.COM.
We use industry-standard encryption methods to transmit your personal registration information from your computer to ours across the Internet, and we restrict access to any transactional portions of our site to computers running web browsers that support Secure Socket Layer ("SSL") protocol. To use this protection technology, you need to have an SSL-capable browser, such as Netscape Navigator 4.5 or higher, Microsoft Internet Explorer 4.5 or higher. These browsers will automatically activate the technology when you log on to our site.
Please remember that you play a valuable part in security as well. Your password to access our site, which you select at registration, should never be shared with anyone and should be changed frequently. And, after you have finished using our site, you should log off and exit your browser so no unauthorized persons can use our site with your name and account information. Remember that any information you voluntarily disclose on-line in any news or message postings, discussion groups or chat rooms may be collected and used by others without your permission. Furthermore, if you provide any information to parties who operate Web sites that are linked to or from our site, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review these sitesí policies before revealing any sensitive or personal information.
Regardless of the precautions taken by you or by us, "perfect security" does not exist on the Internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
It may be necessary from time to time for us to modify this policy to reflect changes in the way we collect and use information or changes in privacy-related laws, regulations, and industry standards. Accordingly, we reserve the right to change this policy at any time by posting the revised policy on this web site. This policy was posted on July 10, 2007. Data will be handled in accordance with the policy in effect at the time the data is collected.
1. Acceptance of Terms.
Welcome to Next Street Financial.
BY USING OUR INTERNET WEBSITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF SERVICE. PLEASE READ THEM CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.
The most recent version of these terms and conditions may be viewed at http://WWW.NEXTSTREET.COM/TERMS.HTML These. Terms of Service apply to all Next Street Financial online services and features unless otherwise indicated.
2. Scope of Service.
Next Street Financial, LLC (ìNext Streetî or ìweî) maintains this website as a service to the user community that visits the site subject to these Terms of Service. The term ìwebsiteî includes all services and features available on nextstreet.com. Users of this website (ìyouî) are responsible for obtaining any equipment and Internet service necessary to access our website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this website in whole or in part, at any time and for any reason, without notice. The website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
3. Website Content.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this website subject to these terms and conditions. The term ìContentî means all information, text, images, data, links, or other material posted on the website, whether created by us or provided by another person for display on the website.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website, subject to the following conditions:
The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
The Content may not be modified. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any Content displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this website.
4. Financial Content
CERTAIN CONTENT MAY INCLUDE CERTAIN STATEMENTS, ESTIMATES AND FORWARD-LOOKING PROJECTIONS WITH RESPECT TO ANTICIPATED FUTURE PERFORMANCE. SUCH STATEMENTS, ESTIMATES AND FORWARD-LOOKING PROJECTIONS REFLECT VARIOUS ASSUMPTIONS OF OUR MANAGEMENT THAT MAY OR MAY NOT PROVE TO BE CORRECT AND INVOLVE VARIOUS RISKS AND UNCERTAINTIES.
THE CONTENT DOES NOT PURPORT TO BE ALL-INCLUSIVE OR CONTAIN ALL INFORMATION THAT YOU MAY DESIRE IN MAKING AN INVESTMENT DECISION. PRIOR TO MAKING AN INVESTMENT DECISION, YOU SHOULD CONSULT YOUR OWN COUNSEL, ACCOUNTANTS AND OTHER ADVISORS AND SEEK ADDITIONAL INFORMATION FROM NEXT STREET.
NOTHING ON THIS WEBSITE CONSTITUTES AN OFFER TO SELL TO, OR A SOLICITATION OF AN OFFER TO BUY FROM, ANYONE IN ANY STATE OR IN ANY OTHER JURISDICTION.
YOU SHOULD NOT CONSTRUE ANY CONTENT AS TAX OR LEGAL ADVICE.
Any unaudited summary projected financial data included in the Content is derived from internally projected financial statements. The projected data reflects managementís projections as to possible future results based on a number of assumptions. These assumptions include the timing and success of future product development, the size of the market, our market share, general industry conditions and management's judgment and analysis, and we cannot represent whether such assumptions are attainable. Some of these assumptions may not materialize and unanticipated events and circumstances may occur. Therefore, the actual results achieved by our company will vary from the projections and such variances may be material. Our independent public accountants did not examine or compile any projected financial data and they assume no responsibility for such data.
Not all Next Street products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Next Street and/or its affiliates. Investment services are not bank deposits or insured by the FDIC or other entity, and are subject to investment risks, including possible loss of principal amount invested.
BY USING THIS WEBSITE, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND NEXT STREET FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING BUT NOT LIMITED TO, ATTORNEYS' FEES, RESULTING DIRECTLY OR INDIRECTLY FROM A CLAIM BY A THIRD PARTY THAT ARISES IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
6. Content Submitted by Users.
7. Intellectual Property Rights.
Unless otherwise noted, all Content contained on this website is the property of Next Street and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
When you register to participate in certain services offered on this website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
9. Disclaimer of Warranty.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content on this website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this website.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, NEXT STREET DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability.
IN NO EVENT SHALL NEXT STREET BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Links to Third-Party Websites.
This website may contain links to non-Next Street websites that are provided to you as a convenience. Any outside website accessed from our website is independent from Next Street, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such non-Next Street websites.
13. No Implied Endorsements.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Next Street of that third party or of any product or service provided by a third party. Likewise, a link to any non-Next Street website does not imply that we endorse or accept any responsibility for the content or use of such a website.
14. Jurisdictional Issues.
We make no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any userís access to our website, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website.
These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitratorís authority, void, and unenforceable.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
18. Entire Agreement.
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
19. For Additional Information.
If you have any questions about these Terms of Service, please contact TERMS@NEXTSTREET.COM.