This website is operated by Dext Capital, LLC (“Dext Capital”). Your access to this site (the “Site”) is subject to the following Terms of Use. By accessing and using this Site, you accept these Terms of Use without limitation or qualification. You agree we may change these Terms of Use from time to time, by posting the revised Terms of Use to the Site.
Limited License
Unless otherwise indicated on our Site, the Site and all content and materials therein, including but not limited to designs, text, graphics, pictures, information, data, software, code, trademarks, logos, service marks, product and program names, sound files, other files, and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Dext Capital and its affiliates, licensors, or suppliers and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Except as specifically permitted below, nothing contained in these Terms or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce Site Content. Any data that you transmit to the Site becomes the property of Dext Capital and may be used by Dext Capital for any lawful purpose.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Site and electronically copy, download, and print hard copy portions of the Website Content for your informational, use only. This license is revocable at any time. You must retain all copyright and other proprietary notices on downloaded and/or copied material. You may not distribute, modify, transmit, use, or reuse any of the contents of this Site for any public or commercial purpose without the written consent of Dext Capital.
Links to Third Party Sites
The Site may contain links to third party websites (“Linked Sites”). The Linked Sites are not controlled by Dext Capital and we are not responsible for the content or function of any Linked Site. We provide these links to you only as a convenience. The inclusion of any link does not imply endorsement by Dext Capital of the Linked Site or any association with its operators. Dext Capital shall not be responsible or liable for any goods or services of any third party.
Use of Cookies
By using or accessing our Site you are consenting to the use of Internet Cookies. “Cookies” are text-only pieces of information that a web site transfers to an individual’s website browser. Like most web sites, we use cookies for purposes such as for analyzing website traffic to improve our Site’s performance, and for marketing so we can serve visitors relevant promotional ads on other sites they visit across the internet. We use “performance cookies” to track visitors to our Site, which is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website for analyzing traffic and marketing effectiveness. You can delete internet cookies that have been installed from your browser.
No Warranties
EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. DEXT CAPITAL makes no warranties, expressed or implied, and hereby disclaims and negates all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, DEXT CAPITAL does not warrant or make any representations concerning the accuracy, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. The information and content provided on the Site are intended for informational purposes only, not as an offer to sell any product or service.
DEXT CAPITAL AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS AND AFFILIATES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. DEXT CAPITAL AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER OR MOBILE DEVICE.
Limitation of Liability
YOU AGREE THAT DEXT CAPITAL AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS AND AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) SITE CONTENT, USER CONTENT, OR ANY OTHER INFORMATION AND MATERIALS CONTAINED ON OR OBTAINED THROUGH THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA BY ANYONE BEYOND OUR CONTROL; OR (iv) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY FEATURE OF THIS SITE, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES.
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of DEXT CAPITAL or any of its officers, directors, agents, employees, liCENSORS OR AFFILIATES or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.
Indemnification
You hereby agree, at your own expense, to indemnify, defend and hold Dext Capital and its officers, directors, agents, employees, licensors and affiliates harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of YOUR breach of these Terms of Use or any of the representations, warranties and covenants you MAKE herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any such claim. Dext Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Dext Capital.
Jurisdiction
These Terms will be governed by and be interpreted pursuant to the laws of the State of Oregon, notwithstanding any principles of conflicts of law. The state or federal courts located in Portland, Oregon shall have exclusive jurisdiction over any cause of action arising out of or related to the content or use of this Site.