Effective as of June 21, 2021
NewPoint Real Estate Capital LLC and its affiliates (the “Company”, “we” or “NewPoint Real Estate Capital”) is pleased to provide you with the information, content, tools products and services on the NewPoint Real Estate Capital website (the term “NewPoint Real Estate Capital Website” refers to the NewPoint Real Estate Capital website and its content).
No Advisory Services
Neither this Internet communication nor any of the NewPoint Real Estate Capital Content (as defined below) is intended as an offer to sell, or the solicitation of an offer to purchase, any security, the offer and/or sale of which can only be made by definitive offering documentation. Any offer or solicitation with respect to any securities that may be issued by NewPoint Real Estate Capital LLC or any of its affiliated entities will be made only by means of definitive offering memoranda and in accordance with the relevant securities and other laws of applicable jurisdictions.
Intellectual Property Rights and Grant of Limited License
The NewPoint Real Estate Capital Website and all of its content (including but not limited to all text, images, graphics, services and other visuals), code, software, data and other materials thereon (collectively, the “NewPoint Real Estate Capital Content”), the look and feel of the NewPoint Real Estate Capital Website, and the design and organization of the NewPoint Real Estate Capital Website, and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to NewPoint Real Estate Capital or are the property of the respective content owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You are hereby granted a non-exclusive license to use the NewPoint Real Estate Capital Content, but only while accessing this NewPoint Real Estate Capital Website. You are also granted a limited license to print copies of any Content posted at the site, but only for your personal use. NewPoint Real Estate Capital Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. NewPoint Real Estate Capital reserves all rights not expressly granted in and to the NewPoint Real Estate Capital Website and the NewPoint Real Estate Capital Content. You agree to not engage in the use, copying, or distribution of any of the NewPoint Real Estate Capital Content other than as expressly permitted by NewPoint Real Estate Capital, including any use, copying, or distribution of third parties’ materials obtained through the NewPoint Real Estate Capital Website for any commercial purposes. Use of any of the Marks for commercial purposes also is strictly prohibited without prior written consent of the respective owners. If you download or print a copy of any NewPoint Real Estate Capital Content for personal use, you must retain all and may not modify any copyright and other proprietary notices contained therein.
The Fannie Mae Logo and DUS® are registered trademarks of Fannie Mae. The NewPoint Real Estate Capital Website may contain additional third-party trademarks, service marks, graphics, and logos. Notwithstanding anything herein to the contrary, you are not granted any right or license with respect to the trademarks of any third party.
By submitting Submitted Materials on the NewPoint Real Estate Capital Website, you: (i) represent and warrant that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the NewPoint Real Estate Capital Website; and (ii) you grant us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use the Submitted Material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, the NewPoint Real Estate Capital Website), products or services in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to the Site, and we may delete or destroy any such Submitted Material at any time.
Without limitation of the other terms and conditions set forth herein, while accessing or using the NewPoint Real Estate Capital Website, NewPoint Real Estate Capital Content and the various other features available on the NewPoint Real Estate Capital Website, you agree that you shall not:
impersonate any person or entity or misrepresent your affiliation with any other person or entity;
use, redistribute, republish or exploit any part of the NewPoint Real Estate Capital Website or any NewPoint Real Estate Capital Content for any commercial or promotional purposes;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the NewPoint Real Estate Capital Website;
engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the NewPoint Real Estate Capital Website, or obtaining lists of users or other information from or through the NewPoint Real Estate Capital Website, including, without limitation, any information residing on any server or database connected to the NewPoint Real Estate Capital Website;
interrupt, damage, disable, overburden or impair the NewPoint Real Estate Capital Website or interfere with any other party’s use and enjoyment of the NewPoint Real Estate Capital Website, such as sending mass unsolicited messages or “flooding” servers with requests;
circumvent, reverse engineer, decrypt, or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) the NewPoint Real Estate Capital Website or their services or any software on the Site;
violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right; or
submit any information to the NewPoint Real Estate Capital Website, in violation of any applicable law, rule or regulation.
Links To Other Sites
The Company has not necessarily reviewed any or all of the sites to which links might appear on the NewPoint Real Estate Capital Website and is not responsible for their contents. We provide links from the NewPoint Real Estate Capital Website as a convenience to our visitors. We have no control over the content posted at third party sites and make no representations about any content or material available at these locations, the use of and reliance on which is at the user’s own risk. Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, we ask that you notify us so that we may evaluate whether (in our sole discretion) to disable it.
Third Party Content Providers
When you register with the private section of the NewPoint Real Estate Capital Website where applicable, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.
THE MATERIAL, FUNCTIONS, INFORMATION AND NEWPOINT REAL ESTATE CAPITAL CONTENT ON THE NEWPOINT REAL ESTATE CAPITAL WEBSITE MAY CONTAIN TECHNICAL, TYPOGRAPHICAL OR OTHER ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. THE COMPANY DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE NEWPOINT REAL ESTATE CAPITAL WEBSITE IS ACCURATE, COMPLETE OR CURRENT. THE COMPANY MAY CHANGE ANY MATERIAL OR INFORMATION ON THE NEWPOINT REAL ESTATE CAPITAL WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE, BUT THE COMPANY DOES NOT MAKE ANY COMMITMENT TO UPDATE OR REMOVE MATERIAL OR INFORMATION ON THE NEWPOINT REAL ESTATE CAPITAL WEBSITE. THE COMPANY MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE NEWPOINT REAL ESTATE CAPITAL WEBSITE IS APPLICABLE, LAWFUL OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS. WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH IN THIS AGREEMENT, THE NEWPOINT REAL ESTATE CAPITAL WEBSITE AND ALL OF THEIR CONTENTS ARE MADE AVAILABLE BY THE FUND “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. THE COMPANY MAKES NO WARRANTY THAT THE NEWPOINT REAL ESTATE CAPITAL WEBSITE, IN WHOLE OR IN PART, WILL MEET USERS’ SYSTEM REQUIREMENTS. USERS OF THE NEWPOINT REAL ESTATE CAPITAL WEBSITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE NEWPOINT REAL ESTATE CAPITAL WEBSITE AND THEIR CONTENTS AND ACKNOWLEDGE THAT THE NEWPOINT REAL ESTATE CAPITAL WEBSITE AND THEIR CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF THE COMPANY. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE NEWPOINT REAL ESTATE CAPITAL WEBSITE WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE NEWPOINT REAL ESTATE CAPITAL WEBSITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE NEWPOINT REAL ESTATE CAPITAL WEBSITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, OR CONTENTS FROM OR TO THE NEWPOINT REAL ESTATE CAPITAL WEBISTE. IF YOU ARE DISSATISFIED WITH THE NEWPOINT REAL ESTATE CAPITAL WEBSITE, YOU SHOULD DISCONTINUE USING THE SITE.
Limitation of Liability
You agree to defend, indemnify and hold the Company, its affiliates, its investment adviser and their affiliated directors, officers, members, partners, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from (i) your use of the NewPoint Real Estate Capital Website or the NewPoint Real Estate Capital Content, (ii) your Submitted Materials, or (iii) your breach or violation of law or this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.
Applicable Law and Dispute Resolution
The Company operates the NewPoint Real Estate Capital Website from its facilities in Texas in the United States of America. Use of the NewPoint Real Estate Capital Website and NewPoint Real Estate Capital Content, all transactions arising from use of the NewPoint Real Estate Capital Website, and this Agreement, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the state of Texas in the United States of America, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. Any dispute between the Company or its affiliates and any user of the NewPoint Real Estate Capital Website will be resolved by a state or federal court situated within the county of Collin in the state of Texas, and each user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
You agree that we may modify the terms of this Agreement in our sole discretion, without advance notice, and that your right to access the NewPoint Real Estate Capital Website is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will post a notice on this page for thirty (30) days following any revisions or modifications to this Agreement. You will be deemed to have agreed to the new Agreement if you continue to access the NewPoint Real Estate Capital Website the passage of thirty (30) days from the time the revised Agreement is first posted. We assume no responsibility for your failure to actually receive notice. It will be your responsibility to review this page for possible modifications.
We may terminate, change, suspend or discontinue any aspect of the NewPoint Real Estate Capital Website at any time. We may restrict, suspend or terminate your access to the NewPoint Real Estate Capital Website and/or to any NewPoint Real Estate Capital Content if we believe in our sole discretion that you are in breach of this Agreement or applicable law, or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Company, our users, or any other person.
Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
Any section headings or titles in this Agreement are inserted for convenience only and shall have no other meaning.
Forward Looking Statements
Statements included herein may constitute “forward-looking statements,” which relate to future events or the Company or its affiliates’ future performance or financial condition. These statements are not guarantees of future performance, condition or results, reflect our subjective judgment and should not be relied upon in making investment decisions. Actual results and conditions may differ materially from those in the forward-looking statements as a result of a number of factors, including those described from time to time in our filings with the Securities and Exchange Commission. We can make no assurance that our future performance will match our expectations. You should not rely on the information contained on this site, but rather refer to our official filings with the Securities and Exchange Commission. Links from the NewPoint Real Estate Capital Website likewise are not intended to incorporate by reference or endorse any third-party statements about our financial condition or future earnings.