Terms of Service
The following terms and conditions govern all use of the NCL Government Capital website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy), and procedures that may be published from time to time NCL Government Capital (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by NCL Government Capital, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Responsibility of Visitors
NCL Government Capital has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, NCL Government Capital does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. NCL Government Capital disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which nclgovcap.com or lscfinancial.com links, and that link to nclgovcap.com or lscfinancial.com or NCL Government Capital does not have any control over those other websites, and is not responsible for their contents or their use. By linking to other websites, NCL Government Capital does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NCL Government Capital disclaims any responsibility for any harm resulting from your use of non-WordPress.com websites and webpages.
Copyright Infringement and DMCA Policy
As NCL Government Capital asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by nclgovcap.com violates your copyright, you are encouraged to notify NCL Government Capital in accordance with Digital Millennium Copyright Act. NCL Government Capital will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. NCL Government Capital will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of NCL Government Capital or others. In the case of such termination, NCL Government Capital will have no obligation to provide a refund of any amounts previously paid to NCL Government Capital.
Intellectual Property
This Agreement does not transfer from NCL Government Capital to you any NCL Government Capital or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with NCL Government Capital. Your use of our Services grants you no right or license to reproduce or otherwise use any NCL Government Capital or third-party trademarks.
Changes
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination
NCL Government Capital may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your nclgovcap.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” NCL Government Capital and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither NCL Government Capital nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability
In no event will NCL Government Capital, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to NCL Government Capital under this agreement during the twelve (12) month period prior to the cause of action. NCL Government Capital shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of our Services will be in strict accordance with NCL Government Capital. Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
US Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products are not contrary to applicable U.S. Sanctions. Such use is prohibited, and NCL Government Capital reserves the right to terminate accounts or access of those in the event of a breach of this condition.
Indemnification
You agree to indemnify and hold harmless NCL Government Capital, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
Translation
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous
This Agreement constitutes the entire agreement between NCL Government Capital and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NCL Government Capital, or by the posting by NCL Government Capital of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Minnesota, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Minnesota. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the arbitration rules of an arbitration service by three arbitrators. The arbitration shall take place in Minnesota, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NCL Government Capital may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors, and permitted assigns.
Privacy Policy
This privacy policy sets out how NCL Government Capital uses and protects any information that you give NCL Government Capital when you use this website. NCL Government Capital is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. NCL Government Capital may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from May 3, 2022.
What we collect
We may collect the following information:
• name and job title
• contact information including email address
• demographic information such as postcode, preferences, and
interests
• other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping.
• Fulfilling requests for information or service.
• We may use the information to improve our products and services. • We may periodically send promotional emails about new products,
special offers or other information which we think you may find
interesting using the email address which you have provided.
• From time to time, we may also use your information to contact
you for market research purposes. We may contact you by email, phone, fax, or mail. We may use the information to customize the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Google Analytics
When someone visits this site we use a third-party service, Google Analytics, to collect standard internet log information and details of visitor behavior patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website.
Beaver Builder
In terms of GDPR, Beaver Builder products do not collect any personal information from your users. However, some modules such as videos and maps might need you to update your privacy policy accordingly.
Akismet
We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter's IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites, and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@nclgovcap.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please email us at info@nclgovcap.com.
If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any information found to be incorrect.