Terms of Use

October 5, 2020

Please read these Terms of Use (the “Terms of Use”) carefully.  These Terms of Use constitute an agreement between you and GenNx360 Management Company, LLC and its affiliates (collectively, “GenNx360”).  By accessing or otherwise using this website (www.gennx360.com) (the “Site”), you agree to be bound by these Terms of Use.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.  

GenNx360 may revise these Terms of Use from time to time by posting updates to this page.  Accordingly, please check this page regularly to ensure that you are familiar with the current version of these Terms of Use which govern your access to the Site.  Your continued access or use of the Site after such updates are posted, constitutes your acceptance and agreement to the revised Terms of Use.   The date of the last revision or update of these Terms of Use appears at the top of this agreement beneath the title.

GenNx360 reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of the Site and to restrict or prohibit access to it.  

Restrictions on Use.  While accessing or using the Site, you agree to comply with these Terms of Use and all applicable laws, rules and regulations, and will not directly or indirectly encourage, assist or promote any activity that violates these Terms and Use or any applicable laws, rules and regulations.  Information made available on the Site is furnished solely for your internal, non-commercial use, and may not be copied, displayed, printed, distributed, modified, sold, licensed, transmitted, used to create a derivative work or otherwise published for public or commercial purposes without the prior express written permission of GenNx360.  In the case of any permitted use of the content set forth on the Site, you may not alter, modify, obscure, or remove any original content, copyright or trademark notices or all other legal notices and legends contained on the Site.  You further agree not (i) to link to or frame or mirror this Site or any portion thereof, (ii) to interfere or attempt to interfere with the proper functioning of the Site, (iii) to use the Site to gain (or attempt to gain) unauthorized access to any restricted portion of the Site, any data not intended for you or any other computer system or network infrastructure, (iv) to bypass any security measures incorporated into the Site, (iv) to associate or to link malicious content to the Site, or (v) to reverse-engineer, decompile, disassemble or otherwise attempt to extract or discover the underlying source code of the Site or any part thereof.

Monitoring by GenNx360.  Your access and use of the information on the Site may be monitored by GenNx360 and used by GenNx360 for its internal business purposes. 

Intellectual Property Notice; Third Party Content.  The Site may feature trademarks, copyrights and other intellectual property which are the property of, or are licensed to, GenNx360.  All rights are reserved.  The Site also may contain trademarks, copyrights and other intellectual property rights of third parties.  All such rights are proprietary to their respective owners.  You should assume that all information and content contained on this Site is copyrighted unless otherwise noted.  The use of any information or content displayed on this Site or otherwise incorporated herein by you or anyone else authorized by you is strictly prohibited unless expressly permitted by these Terms of Use or as expressly provided elsewhere on the Site.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, service marks or other intellectual property displayed on this Site without the written permission of GenNx360 or the applicable third party owner.  

These Terms of Use govern your use of this Site only, and not to any other website or service that may be referenced herein.  You should review applicable terms and conditions of any third party websites or services that may be referenced or linked to via the Site.  If third party information,  content or services are made available or linked to via the Site, your access and use of such information, content or services is solely at your own risk, and GenNx360 makes no warranties, express, statutory or implied, with respect to third party content, information, services or websites.  Without limiting the foregoing, you should not assume that GenNx360 controls, endorses or has reviewed any website (other than this Site), resources, services, information or content that may be referenced or linked to via the Site.  To the maximum extent permitted by applicable law, GenNx360 shall not be liable for any third party information, content or services made available in or linked to via the Site, including but not limited to any inaccuracies, errors or omissions in any such information or content, infringement of intellectual property rights related to such information or content, or any loss or damage sustained or incurred by reason of the use or any such information, content or services.

No Offer or Advice.  The information and content contained in this Site is for general informational purposes only.  The Site is not utilized by GenNx360 to provide any investment, legal, accounting, tax or other professional advice.  Nothing contained in the Site is intended to, or shall be construed or deemed to be, a solicitation or offer to sell, buy or hold any securities or other assets, a recommendation in connection therewith or as to suitability, or a promise to undertake or solicit any business or transaction, and may not be relied upon in connection with any offer or sale of securities or other assets.  Offers to sell or solicitation of offers to buy securities can only be made in jurisdictions where lawful, and in compliance with, applicable law.  Offerings of securities in entities advised by GenNx360 are made only by private placement memorandum or other written offering document distributed by persons authorized by GenNx360.  

Without limiting the foregoing, you are solely responsible for evaluating the risk and merits regarding the use of the Site, and GenNx360 does not represent that any information or content provided or accessed via the Site is accurate, currently reliable or complete, or discloses all risks associated with any particular transaction or investment or business strategy.  Any transactions or case studies listed or described on the Site are not necessarily reflective of overall performance.  In making any investment decision, you must rely on your own examination of an investment, including the merits and risks involved, and GenNx360 advises that you consult with your own advisers with respect to any matters or considerations so involved in making an investment.

Forward-Looking Statements and Past Performance.  Certain statements and information on the Site may contain "forward-looking statements” based on various expectations and assumptions of GenNx360, which expectations and assumptions may not prove to be correct.  Important factors and uncertainties could cause actual events or results to differ materially from the expectations reflected in these forward-looking statements, including, without limitation, general economic, business and market conditions, changes in laws and regulations and increased competitive pressures.  Accordingly, there can be no assurance that any such statements will accurately predict future events or actual performance, and no representation or warranty is made as to future performance or such forward-looking statements.  GenNx360 undertakes no obligation to update, amend or clarify any forward-looking statements.  

In addition, users who access this Site should bear in mind that past performance is not indicative of, or a guaranty of future results, and in the case of any statements and information on the Site regarding performance or accomplishments, there can be no assurance, representation or warranty that any investments of GenNx360 will achieve comparable results or will be able to avoid losses, or that any business or investment objectives of GenNx360 will be met.

Disclaimers; Limitation of Liability.  To the maximum extent permitted by law, the site, access to the site and all related information, content and services, are provided on an “as is” and “as available” basis, without any representations or warranties of any kind, express, statutory or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement of third party rights, security or accuracy or completeness. GenNx360 further expressly disclaims, and does not warrant, that any part of the site will operate uninterrupted or error free, or that the site will be available or perform as described or expected or that information, content and services made available to you through the site (inclusive of electronic communications from the site) will be free of viruses, malicious code or other harmful components.  

You expressly agree and acknowledge by continuing to access or use the site that (I) your use of the site of reliance upon any of the information or content on the site is at your sole risk, (II) you assume full responsibility for all costs associated with your use of the site and (III) GenNx360 is not responsible for any damages, losses or liabilities of any kind that result from or relate to your use of, inability to use, or reliance on the site or any information, content, materials, or other services in or otherwise made available to you through the site, including but not limited to direct, indirect, incidental, special, punitive, compensatory, or consequential damages or lost profits, even if GenNx360 has been advised of the possibility of such damages, losses or liabilities.

Access to Private Areas of the Site.  Certain portions of the Site may be restricted to specified persons and cannot be accessed without the express permission of GenNx360 and a password or access code being issued to you by GenNx360.  Such portions of the Site may also be subject to other agreements you may have, or be a party to, with GenNx360 (“Other Agreements”) and other applicable laws and regulations.  Content and information provided through such private, restricted areas of the Site is confidential and proprietary to GenNx360 and you will use your best efforts to keep such information strictly confidential.  If applicable to your access to the Site, you shall remain solely responsible for the use and proper protection of any password or access code issued to you, and agree to take all reasonable precautions to protect the security and integrity of any such password and access code, to prevent their unauthorized use and to be responsible for all actions taken through use of your password or access code.  If you become aware of any unauthorized access or use of your password or access code, or lose such password or access code, you must immediately notify GenNx360.  

Miscellaneous.  These Terms of Use are not intended to supersede or amend any Other Agreements.  In the event of any inconsistency between these Terms of Use and such Other Agreements, the Other Agreements will supersede and govern.  In the event that GenNx360 terminates access to all or any portion of the Site or these Terms of Use, the provisions above under the captions Restrictions on Use; Intellectual Property Notice; Third Party Content, Disclaimers; Limitation of Liability, and Access to Private Areas of Site and this Miscellaneous provision shall continue to apply and survive.  These Terms of Use and all legal obligations of GenNx360 in connection with this Site shall be governed by the laws of the State of New York, USA, as they apply to agreements made and solely performed therein, regardless of the location of any user.  If you elect to access or use this Site from outside of the United States, GenNx360 makes no warranties that materials on this Site are appropriate or available for use in such locations.  You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Manhattan, New York, USA for the purpose of resolving any dispute relating to you access to or use of this Site.  Notwithstanding the foregoing, you agree that GenNx360 may seek injunctive remedies (or other similar urgent legal relief) in any court of competent jurisdiction. If any provision of these Terms of Use is deemed unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of such remaining provisions. 

For more information or inquiries, please contact GenNx360 at crojas@gennex360.com or by phone at (212) 257-6772.

© 2020 GenNx360 Management Company, LLC.  All rights reserved.


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