Welcome to the website of NextGear Capital, Inc. (the “Company”, “we” or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of the Company website located at https://www.nextgearcapital.com/ (together with any content, functionality or services offered on or through such website, the “Website”).Please read these Terms of Use carefully before you start to use the Website. By visiting, using or otherwise accessing the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Changes to Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use, or if you or your company have breached or are in default under any loan documents or other agreements with the Company.
Intellectual Property Rights
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- Modify copies of any materials from the Website.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
Prohibited Uses
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
- We have the right to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Notwithstanding the foregoing, our dealer customers may in all cases rely upon and assume the accuracy of any information set forth on the Finance Program, Rate, Fee and Term Schedule that is provided to such dealer customer through its dealer account page that is made available through the Website.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Notwithstanding the foregoing, any information that may be set forth on a Finance Program, Rate, Fee and Term Schedule that is provided to you through your dealer account page shall be deemed current and up-to-date.
Links from the Website
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
IF YOU RELY ON THE WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER PROBLEMS WITH THE WEBSITE OR THE CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE, PUBLISHED OR PROMOTED ON OR THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU “AS-IS.” NEITHER WE NOR ANY OF OUR AFFILIATES, AGENTS OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE MADE AVAILABLE, PUBLISHED OR PROMOTED ON OR THROUGH THE WEBSITE (OR THAT MAY BE REFERRED TO OR ADVERTISED ON OR THROUGH THE WEBSITE), NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Indemnification and Limitation on Liability
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES, OUR SERVICE PROVIDERS AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PRINCIPALS (PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), EMPLOYEES, OWNERS, REPRESENTATIVES, AGENTS AND LICENSEES, AGAINST ANY AND ALL CLAIMS, JUDGMENTS, LOSSES, DAMAGES, DEMANDS, PAYMENTS, FINES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEE AND COURT COSTS), LIABILITIES AND RECOVERIES OF WHATEVER NATURE, THAT ARISE OUT OF YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY PORTION THEREOF, OR ANY CONTENT OR OTHER INFORMATION THAT YOU MAY ACCESS ON OR THROUGH THE WEBSITE.
Miscellaneous
These Terms of Use and all other elements of the relationship between the Company and each User relating to the Website shall be construed in accordance with the internal laws of the State of Indiana, without regard for its conflict of law principles. By using the Website, you submit to the personal jurisdiction and venue of the state and federal courts of Marion County and Hamilton County, Indiana, and agree that any and all claims or disputes relating to the Website or your use thereof, to the extent initiated by you against the Company or its affiliates, shall be brought in the state or federal courts of Marion County or Hamilton County, Indiana. Further, you expressly waive any objection based upon lack of personal jurisdiction, improper venue or forum non conveniens with respect to any action commenced against you in such forum by the Company. You acknowledge and agree that the Company and its affiliates reserve the right to initiate and prosecute any action against you in any court of competent jurisdiction, and you consent to such forum as the Company or its affiliates may elect.
ANY LEGAL OR OTHER PROCEEDING COMMENCED BY OR ON YOUR BEHALF UNDER THESE TERMS OF USE OR IN CONNECTION WITH YOUR USE OF THE WEBSITE SHALL TAKE THE FORM OF AN INDIVIDUAL ACTION OR PROCEEDING (AND NOT OF A CLASS ACTION OR PUTATIVE CLASS ACTION OR OF A COLLECTIVE, REPRESENTATIVE OR OTHER SIMILAR ACTION OR PROCEEDING). CLASS ACTIONS OF ANY KIND (WHETHER PURSUED THROUGH THE COURTS ARE OTHERWISE) ARE NOT PERMITTED. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BRING CLAIMS AGAINST US AND OUR AFFILIATES AND RELATED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. BY VISITING, USING OR OTHERWISE ACCESSING THE WEBSITE, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER SIMILAR REPRESENTATIVE ACTION OR PROCEEDING.
Relationship to Other Agreements
Contact Information
To ask questions or comment about these Terms of Use, marketing@nextgearcapital.com.