Terms & Conditions

TERMS & CONDITIONS

Please read the following terms and conditions carefully before continuing to use the Nirvana Financial Solutions, Inc. (“Nirvana“) web site (our “Web Site”). By using our Web Site or any service of our Web Site, you signify your acceptance of these terms of use (the “Terms of Use”).  If you do not accept the Terms of Use, you may not use this Web Site or any of the tools and/or services offered or provided through this Web Site. Throughout these Terms of Use, the terms “we,” “us” or “our” are used to refer to Nirvana and the term “including” means “including but not limited to”.

Please read our Privacy Statement at the bottom of this page.

GENERAL LEGAL INFORMATION

Our Web Site is for informational purposes only. None of the information contained on our Web Site constitutes a solicitation, offer, opinion or recommendation by Nirvana or any of our affiliates to buy or sell any securities or other financial instruments or to provide legal, tax, accounting or investment advice or services regarding the suitability or profitability of any security or investment.

MODIFICATION AND MONITORING OF WEB SITE

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time and to monitor any and all use of our Web Site. Accordingly, please check the Terms of Use periodically for any changes. Your use of our Web Site or any service on our Web Site after the posting of such modifications will constitute your acceptance of the modified Terms of Use. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by Nirvana and shall be void.

RESTRICTIONS ON USE

The information provided on our Web Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Nirvana or our affiliates to any registration requirement within such jurisdiction or country. You may not use our Web Site for any illegal purpose or in any manner inconsistent with the Terms of Use. You agree not to use, transfer, dispose or distribute any Information on our Web Site in any manner that could compete with our business. You may not copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, use “frame” technology on or in any other way create a misimpression or confusion among users with respect to sponsorship or affiliation or exploit in any way material from our Web Site.

NO LICENSE

Linking to pages or content within our Web Site is prohibited, unless we expressly permit otherwise.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD US, OUR AFFILIATES AND OUR THIRD PARTY CONTENT PROVIDERS WHICH PROVIDE CONTENT FOR OUR WEB SITE (EITHER THROUGH LINKS OR OTHERWISE), HARMLESS FROM ANY LOSS, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO ANY CLAIM MADE BY ANY THIRD PARTY RELATING TO CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH OUR WEB SITE YOUR USE OF OUR WEB SITE, YOUR CONNECTION TO OUR WEB SITE, YOUR VIOLATION OF THESE TERMS OF USE, OR ANY HARM YOU CAUSE TO ANOTHER USER.

DISCLAIMER OF WARRANTY

DATA AND INFORMATION PROVIDED BY US, ANY OF OUR AFFILIATES, OR OUR OR THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS IS FOR INFORMATIONAL PURPOSES ONLY, AND IS PROVIDED ON AN “AS IS” BASIS.  WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND A WARRANTY FOR NON-INFRINGEMENT, WITH RESPECT TO THE DATA AND INFORMATION. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE OF THE DATA AND INFORMATION, ANY DELAY OR INTERRUPTION OF SERVICE, OR OMISSIONS OR INACCURACIES IN THE INFORMATION) WITH RESPECT TO THE DATA AND INFORMATION.

FINALLY, AS A CONDITION TO ACCESSING OUR WEB SITE AND VIEWING THE DATA AND INFORMATION, YOU EXPRESSLY WAIVE ANY CLAIM IT MAY HAVE AGAINST NIRVANA OR OUR AFFILIATES.

LIMITATION OF LIABILITY

In no event shall Nirvana or our third party providers be liable to you for any direct, special, indirect, consequential, loss of profits, incidental damages or any other damages of any kind even if we or any other party has been advised of the possibility thereof.  Any material downloaded or otherwise obtained through the use of our Web Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.

COPYRIGHT AND TRADEMARK NOTICES

Our Web Site, including the text, content, photographs, images, video, audio and graphics contained in our Web Site is protected by copyrights, trademarks, service marks, international treaties and other proprietary rights and laws of the United States and other countries. You agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in our Web Site.  Unauthorized use of our Web Site and the materials contained on our Web Site may violate applicable copyright, trademark or other intellectual property laws or other laws.

The trademarks, service marks and logos (collectively, the “Trademarks”) displayed on our Web Site are registered and common law trademarks of Nirvana and various third parties.  Nothing contained on our Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without our written permission or such other party that may own the Trademarks.  All other brand and product names appearing on our Web Site may be the trademarks or service marks of their respective owners.

USE OF LINKS

We may provide links to other web sites solely as a convenience to you. We have not developed, checked for accuracy or otherwise reviewed other web sites linked to our Web Site and are not responsible for the content of any other web site. Your linking to any other web site is at your own risk. By providing access to the linked web sites, neither Nirvana nor any of our affiliates or third party providers are recommending our Web Site nor endorsing the services provided by our Web Sites’ sponsoring organization.

JURISDICTION AND APPLICABLE LAW

Unless otherwise specified, we control and operate our Web Site from our offices within the United States. We do not claim that materials in our Web Site are appropriate or available for use in locations other than the United States. If you choose to access our Web Site from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws. The laws of the State of New York govern the Terms of Use without regard to its conflict of law provisions. If you take legal action relating to the Terms of Use, you agree to file such action only in the federal or state courts located within New York City, New York, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action. Our failure to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision.

HEADINGS

The section titles in the Terms of Use are used solely for your convenience and have no legal or contractual significance.

SEVERABILITY

If any provision of the Terms of Use is deemed unlawful, void or unenforceable for any reason, that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.

ENTIRE AGREEMENT

The Terms of Use constitutes the entire agreement between you and Nirvana relating to the use of our Web Site. You may also be subject to additional terms and conditions that may apply when you use the services of our affiliates, third-party content or third-party software.

Any rights not expressly granted herein are reserved.

 

PRIVACY POLICY

Nirvana has created this privacy statement (the “Privacy Statement”) to demonstrate our commitment to your privacy. The following discloses our information-gathering and dissemination practices for our Web Site.  We have taken certain steps to provide a secure environment for your information on our Web Site.  However, we cannot guarantee the confidentiality of such information because of the nature of the Internet.

INFORMATION GATHERING AND USE

Our Web Site does not require registration and you can navigate through most of our Web Site without providing any information about yourself.  We receive names and contact information when submitted by you through the optional Contact Us page  of our Web Site. This information is not gathered by us without your knowing, active permission and participation. If you do provide personal information about yourself, we will seek to maintain that information in accordance with our internal policies governing use and disclosure of confidential information.  We may disclose that information to our affiliates. The registration forms for our prospective customers require such prospective customers to provide their contact information, such as their name and email address. We use this contact information to contact the customer about our products and/or services. We do not sell or otherwise disseminate this contact information to third parties.

In the course of using our Web Site, however, we may automatically track certain information about you. This information may include, without limitation, your IP address, what browser you are using, the URL that you just came from and which URL you go to next. We also reserve the right to use small amounts of data that are sent to your browser from our web server and are stored on your computer’s hard drive (“Cookies”) on certain pages of our Web Site. Cookies make it easier for you to return on subsequent visits to those areas that are of most interest you. Cookies also allow us to track where you go on our Web Site.

YOUR CONSENT

By using our Web Site, you consent to the collection and use of this information by Nirvana or our affiliates. We may modify this Privacy Statement from time to time. If this Privacy Policy is modified, the changes will be posted on this page. Your continued use of our Web Site following the posting of changes to these terms will mean you accept the changes.

We reserve the right, in our sole discretion, to change, modify, add or remove portions of this Privacy Statement at any time and to monitor any and all use of our Web Site. Accordingly, please check the Privacy Statement periodically for any changes. Your use of our Web Site or any service on our Web Site after the posting of such modifications will constitute your acceptance of the modified Privacy Statement. Any terms and conditions proposed by you which are in addition to or which conflict with the Privacy Statement are expressly rejected by Nirvana and shall be void.