These Terms of Use (“Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and NeonVest, Inc., doing business as NeonVest (“NeonVest”, “we”, “us”, or “our”), concerning your access to and use of the https://www.neonvest.com/ website as well as any other media form, media channel, written or oral communication from us, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing and using the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
This site and the information on it is neither directed at nor made available to retail clients.
[By accepting these Terms of Use, you hereby certify that you are a Professional Investor or a Client that represents Professional Investors.]
1. Your use of the Site
These Terms of Use set out the terms on which you may make use of the Site and apply to every page on the Site, whether or not such pages are individually disclaimed. Please read these Terms of Use carefully before you start to use the Site. By accessing and/or using the Site, you have indicated that you accept these Terms of Use and that you agree to be boundby them. These Terms of Use also incorporate our Privacy Policy, the policies in our Supercharger Playbook, and all other rules, policies and procedures that may be published from time to time on the Site, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you.
We may revise these Terms of Use from time to time by updating this page. The revised Terms of Use will take effect when they are posted. You are expected to check this page from time to time and to take notice of any changes we may have made, as by using the Site you acknowledge that you have accepted any such changes or amendments.
You must NOT use the Site (or permit or procure others to use it) as follows:
(A) for any unlawful, improper or illegal purpose or activity;
(B) to violate our or any third party’s copyright, trademark, proprietary or other intellectual property rights;
(C) to damage our name or reputation or that of our affiliates or any third parties;
(D) to impersonate any of our employees or other person or use a false name while using the Site or implying an association with us;
(E) to penetrate our security measures or other entities’ systems (“hacking”);
(F) to generate excessive amounts of internet traffic, to interfere with our network or other’s use of the Site or to engage in activities designed to or having the effect of degrading or denying service to users of the Site or others;
(G) to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into the Site or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from the Site is free from such items;
(H) to transmit confidential or proprietary information;
(I) to circumvent NeonVest in accessing projects listed on the platform directly, without first consulting NeonVest;
(J) to solicit NeonVest customers without the express permission from NeonVest to do so.
2. Compliance with law and regulation
When using the Site, you agree you will comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to view and/or download the information contained on the Site in certain countries and we and our affiliates disclaim all responsibility if you access or download any information from the Site in breach of any law or regulation of the country in which you are a citizen or in which you are resident or domiciled.
3. Confidential Information
You must not distribute any confidential material to any third parties, including any proprietary information or confidential information, contained anywhere on the Site, or in any content published by NeonVest.
4. Accuracy of information
We have taken reasonable care to ensure that the information on the Site is accurate, current, and complete as at the date of issue. However, errors or omissions may occur due to circumstances beyond our control and no warranty is given, or representation made, regarding the accuracy, validity or completeness of the information on the Site and no liability is accepted by such persons for the accuracy or completeness of such information. If you decide to make investments after accessing the Site, you are responsible for conducting your own due diligence and investigations prior to making any investment and should not rely on NeonVest orthe Site. Any person who acts upon, or changes his or her investment position in reliance on, the information contained on the Site does so entirely at his or her own risk.
5. Access
We reserve the right to deny you access to the Site, or immediately to suspend or terminate your access to the Site, or to disable any user name or password (whether chosen by you or allocated by us) at any time (in our sole discretion).
6. Liability for use of the Site
Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service and/or information we provide on the Site without notice. We do not accept any liability if for any reason the Site is unavailable at any time or for any period. The Site is provided for informational purposes only and is not intended to constitute an invitation, solicitation or offer to subscribe for or purchase any investments, products or services (including, for the avoidance of doubt, any units or shares in any project), nor shall it, or the fact of its issuance, form the basis of, or be relied on in connection with, any contract.
The information and opinions contained in the Site have been compiled, or arrived at, by us from sources believed by us to be reliable as at the date of publication. However, the information and any opinions contained on the Site are subject to change, are for background purposes only and are not to be relied upon as investment advice or interpreted as a recommendation. We, our affiliates and other third parties connected to us do not accept any responsibility for any reliance which is placed by any visitor to the Site, or by anyone who may be informed of any of its contents, on any information or opinions which are expressed herein and, to the extent permitted by law, expressly exclude all conditions, warranties, representations, undertakings and other terms which might otherwise be implied by statute, common law or in equity.
The Site is not intended to provide a sufficient basis on which to make any investment decision and you should not solely rely on it in evaluating the merits of investing in any investments, products or services referred to on the Site. Any decision to purchase interests with respect to any investment opportunities must only be made having thoroughly read through the relevant research report and supporting documents for such project, in addition to speaking with the management team and pursuing any other information that may be relevant in forming an investment decision, which must be received and reviewed prior to any investment decision and which may contain information which is different from the information and opinions contained on the Site. Some or all investment opportunities may not be suitable for certain investors.
You specifically agree that NeonVest is not responsible or liable for any infringement of another’s rights, including intellectual property rights. You specifically agree that NeonVest is not responsible for any content included on the Site by any third party.
In no event shall NeonVest or its affiliates be liable for any direct, indirect, punitive, incidental, special consequential damages or any damages whatsoever including (without limitation) damages for loss of use, data or profits arising out of or in any way connected with the Site or any services provided by NeonVest, including but not limited to (i) the use or performance of the Site or services offered, (ii) the materials and information provided on the Site, including the accuracy, validity, timeliness, merchantability or completeness thereof (whether prepared by us or by any third party), (iii) with the delay or inability to use the Site or related web sites (including linked websites for which URLs are provided for on the Site), (iv) the provision of or failure to provide services, (v) for any information, software, products, services and related graphics obtained through the Site, or (vi) otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if NeonVest or any of its affiliates has been advised of the possibility of damages.
The internet is not a completely reliable transmission medium and neither we nor any of our affiliates accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from us or any of our affiliates. Any such transmission of information is entirely at your own risk.
7. Linked websites
Should you leave the Site via a link contained within the Site and view content that is not provided by us, you do so at your own risk. We provide links only as a convenience and without liability. In particular, and without limitation, you understand and agree that the ability to link to another website and the fact that a link exists does not mean that we endorse or guarantee such site, the site sponsor or the site contents. The content which you access via such links will not have been developed, checked for accuracy, or otherwise reviewed by us. We make no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality, sequence or timeliness of any electronic content. Your reliance on any information contained on any site reached through a link shall be your own responsibility. When you leave the Site, unless otherwise indicated, you will be subject to the terms of use and privacy policies of the new website which you are visiting. If you reached the Site via a link, please be advised that the ability to link to the Site and the fact that a link exists does not mean that we necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the website from which you linked to the Site (the ‘Linking Site’). We are not responsible for any damages or losses arising from any delays, defects or omissions that may exist in the services, information or other content provided in the Linking Site. We make no guarantee or representation as to, and shall have no liability for, any content on any Linking Site, including, without limitation, the accuracy, subject matter, quality, sequence or timeliness of any such content.
8. Indemnity
You agree to indemnify, defend, and hold harmless NeonVest, our affiliates and our officers, partners, employees, directors, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your breach of the Terms of Use and/or your use of, or conduct on, the Site,.
9. Intellectual property rights
All of the information that appears on the Site is owned, licensed or controlled by NeonVest. If you would like to use some of this information, you must email NeonVest for prior approval.. You acknowledge that content, including but not limited to text, software, tools, advertisements, trademarks, logos, sound, photographs, video, graphics or other electronically distributed material contained on the Site, or other information commercially produced and presented to you as part of the services provided by NeonVest, or NeonVest’s agents or other content providers, is protected by copyright, trademarks, services marks, patents or other proprietary rights and laws, unless expressly indicated otherwise. You may use the materials on the Site and download and reproduce them in hard copy for your own personal, non-commercial, use and reference only, provided, that, you keep all copyright and other proprietary notices intact. Such materials may not otherwise be modified, copied, reproduced, distributed, stored in a data retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without our prior written consent. Nothing on the Site should be construed as granting any license or right in relation to any of our trademarks or those of our affiliates or any third party.
10. Severability
If any specific term or condition of these Terms of Use is determined by a court of competent jurisdiction to be invalid, void or unenforceable, that determination shall not affect the validity of the remaining provisions of these Terms of Use. Headings used in these Terms of Use are for convenience, are not substantive and shall not be used to interpret or construe any of the provisions contained in these Terms of Use. When used in these Terms of Use the words ‘includes’, and ‘including’ shall be deemed to be followed by the phrase ‘without limitation’.
11. Disclaimer
Notwithstanding anything else contained herein to the contrary, neither NeonVest nor its directors, officers, employees or agents promote, or make any representation to any person as to the quality or suitability for any purpose of any financial or investment product contained or referred to on the Site. If you are intending to use and/or invest on any of the financial or investment products contained or referred to on the Site without having first sought professional advice, you should do so only after having satisfied yourself as to the quality or the product and the suitability for your financial needs and objectives.
12. Material Interests
We and our partners, officers and/or employees may have holdings in the investments referred to on the Site and may otherwise be interested in transactions that effect you in those investments.
13. Governing Law
These Terms of Use and any non-contractual obligations arising from or connected with them shall be governed by and shall be construed in accordance with New York State law. New York State courts will have exclusive jurisdiction over any dispute arising from, or related to, use of the Site (whether arising out of or in connection with contractual or non-contractual obligations) (‘proceedings’) and it is a condition of using the Site that you waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
14. Entire agreement
These Terms of Use (incorporating our Privacy Policy) and our Disclaimer shall form the entire agreement between you and us in relation to your use of the Site.
Contact us
If you have any enquiries in relation to the Site or the information on it, please contact surya@neonvest.com.
