Information Collected and Tracked

NOVA Equity may collect and retain two types of information about Website users: (i) personal information that individual visitors voluntarily provide when using the Website or on certain other occasions (such as via forms or in emails); and (ii) tracking data, which from time to time may be automatically collected from every Website visitor.

We may, from time to time, store and archive the information you submit to or through the Website. The information that we gather may include your name, title and address, telephone number, email address or other elements of personal information. In addition, if you contact us, we may keep a record of your correspondence, including any information contained therein. You may decline to provide any personal information, but please realize that you thereby may be unable to access certain services and sections of the Website.

In addition to the information you submit to or through the Website, we also may collect and store data from and about you gathered in the course of your use of the Website. Such tracking data may include, without limitation, information regarding the number and frequency of visits to the Website, the Websites that you access before and after you visit the Website, the software and operating system used to access the Website and your IP address and Internet service provider.

Use of Cookies

NOVA Equity or any third-party service provider may use cookies, local shared objects, web beacons and other similar technology (collectively, “Cookies”) in connection with your use of the Website, as may certain other sites that provide content on the Website. Cookies are small pieces of information that a Website transfers to your computer’s hard drive for record-keeping purposes and may have unique identifiers and transmit information about you and how you use the Website. Such information may include your search preferences, your browser type and the date and time of use. If you choose, you can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use the Website or receive certain third-party services provided through the Website.

How We Use Your Information

The information that you provide to us and that we may collect in the future is used for our business purposes and the purpose for which you provided it only, subject to these Terms, including, without limitation, to respond to your requests or correspondence, to contact you about the Website, to request your input regarding ways in which we might improve the Website and/or to inform you about NOVA Equity’s activities, products and services or those of our affiliates.

Your information, particularly tracking data, may also be analyzed so that we can provide you with useful information and can serve you in the best manner possible through enhanced features and functions on the Website. For example, your information may be used to, without limitation, compile statistical, demographic or aggregated information about visitors to the Website generally, or for load-balancing metrics, and also may be used to create reports on user demographics and the traffic patterns of the Website.

We will not disclose any personal information to third parties, except: (i) to our affiliates, agents, consultants and sub-contractors; (ii) to service providers who assist us in running the Website and our business; (iii) when we believe that such disclosure is required by law; (iv) to enforce these Terms; (v) to protect the rights, property, security or safety of NOVA Equity, Website users or the public; (vi) to respond to an emergency; or (vii) as otherwise stated in these Terms. In addition, we may disclose information to certain third parties if you have requested or authorized the disclosure of such information. We may also share aggregated or de-identified information in our sole discretion.

Information provided to third parties is limited to the information needed to perform their functions. We seek to limit third-party use of information; however, we are not responsible for such third-party use of information.

Transfer of Information to Third Parties upon a Sale or Change of Control

We retain the right to transfer or assign your information pursuant to or during negotiation of any merger, purchase, reorganization or other transaction relating to NOVA Equity or our assets, in whole or in part.

Communications

From time to time, we may email users of the Website information regarding important developments affecting NOVA Equity. We may also email users on occasion regarding the Website. Such emails may be sent to users of the Website even if they have not requested to receive any communication from us.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NOVA EQUITY, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE AND SERVICES; OR RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED; OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this site.

Indemnification

As a condition to your use of the Website, you agree to indemnify, defend and hold harmless NOVA Equity and its respective, officers, directors, affiliates, partners, members, principals, agents, investors, employees, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (i) your use of the Website; (ii) your breach of these Terms or any representation, warranty or covenant made by you in these Terms; (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights; or (iv) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms.