Terms of Use Agreement

You are visiting a website owned by Newco Capital Group, LLC (“Newco”). This Terms of Use Agreement (“Agreement”) applies to the websites operated by Newco and any of its affiliates and subsidiaries such as but limited to Capytal.com (“Websites,” or each individually, “Website”) on which this Agreement is displayed. This Agreement also applies to your access to, and use of, any goods, facilities or services offered through the Websites (collectively “Services”), regardless of how they are accessed. By accessing, browsing, or using the Websites, you acknowledge that you understand, accept and agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference. You agree that, to the fullest extent required by the law of any state, you have been provided with, have received, and are agreeing to all disclosure and consent requirements. Certain Services may include additional terms; by agreeing to proceed with any such Services you acknowledge that you have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service.

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By using this website or those operated by Newco’s affiliates and subsidiaries, you are entering into a legal agreement to abide by the Agreement you see here, and you are agreeing that you have read and fully understand the Agreement. These Websites is offered and available to users who are eighteen (18) years of age or older. By using these Websites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements and are accessing the Internet from a physical location within the United States of America.  If you do not meet all of these requirements, you must not access or use the Websites.

• For purposes of this Agreement, “you” or “your” means the person(s) using the Websites and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or the Services.

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• “Newco”, “us” or “we” includes Newco Capital Group, LLC and any of its affiliates or subsidiaries such as but not limited to Capytal.com.

Prohibited Uses

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You may use the Websites only for lawful purposes and in accordance with this Agreement. You agree not to use the Websites:

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• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

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• ​To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm Newco or users of the Websites or expose them to liability.

Additionally, you agree not to:

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• copy/collect Newco content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand) from the Websites;

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• collect Newco user information or interfere with Newco;

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• use the Websites in any manner that could disable, overburden, damage, or impair the Websites or the networks or systems connected to the Websites;

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• use any device, software or instrumentality to interfere with the proper working of the Websites or disobey any requirements, procedures, policies or regulations of networks connected to the Websites.

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• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Websites or mobile applications.

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• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

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• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites is stored, or any server, computer or database connected to the Websites;

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• attack the Websites via a denial-of-service attack or a distributed denial-of-service attack;

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• otherwise attempt to interfere with the proper working of the Websites; or

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• advocate, encourage or assist any third party in doing any of the foregoing.

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You also agree that you will not violate or attempt to violate the security of the Websites. Violations of system or network security may result in civil or criminal liability.  Newco reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

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Intellectual Property Rights

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The Websites and their entire contents, features and functionality (including but not limited to the Newco name, logo, and all related and affiliated names, logos, product and service names, designs, page headers, scripts, slogans, and any and all information, software, text, displays, images, video and audio, graphics, button icons, images, digital downloads, data compilations, software, and the design, selection and arrangement thereof), are owned by Newco, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property laws. You must not use such marks without Newco’s prior written permission.

Newco uses a network of independent brokers, contractors, product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Websites. All other trademarks, service marks, product names, package designs and company names or logos associated with these brokers, contractors, product and content suppliers, distributors and other such third parties that are not owned by Newco but appear on the Websites are the property of their respective owners.

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This Agreement permits you to use the Websites for your personal use only. You must not access, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites on a commercial basis, except as follows:

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• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

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• You may store files that are automatically cached by your Web browser for display enhancement purposes;

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• You may print or download one copy of a reasonable number of pages of the Websites for your own personal use and not for further reproduction, publication or distribution on a commercial basis; and

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• 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.

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If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by Newco. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other intellectual property laws. 

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Disclaimers

The Websites are made available “as is”, “at your own risk”, and “as available”, without warranty of any kind, either express or implied including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement or enjoyment.  Newco makes no guarantee that the Websites are up-to-date, accurate, or complete, and you should not rely on them for any decision or to take any action.  Newco does not warrant that the Websites will meet your requirements and/or are free of interruption or errors, or that any of the Websites are free of viruses, worms, bugs, or other malicious technology. 

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Limitation of Liability

To the fullest extent permitted by applicable law, Newco (including its subsidiaries or affiliates) shall not be liable to you or any other person for any damages whatsoever (including any direct, special, exemplary, indirect, incidental, consequential or punitive damages, costs or attorney’s fees) arising out of, or relating to, this Agreement, access to, use of or the operation of any site, any of the site content, whether based on warranty, contract, tort, or any other legal theory.

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Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Newco (including any of its subsidiaries, affiliates, licensors, contractors and their respective officers, directors, employees, agents, brokers, and representatives) from and against all claims, actions, liabilities, losses, demands, damages, expenses, and costs (including attorney’s fees) (collectively, the “Claims”) arising out of or relating to: (i) your access to or use of the Websites; (ii) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (iii) your breach of this Agreement.  You shall promptly notify Newco of any third-party Claims, cooperate with Newco in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees).  Newco reserves the right to assume, at its sole discretion, the exclusive control over defense or settlement of any third-party Claims. 

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Questions and concerns regarding this Agreement can be addressed by contacting us via email at info@newcocapitalgroup.com.