Privacy Policy & Terms of Use

Privacy Policy

NovaQuest Capital Management, L.L.C. (“NovaQuest”) takes your privacy seriously and is committed to safeguarding your privacy pursuant to this Privacy Policy (this “Policy”). We also believe that transparency in our policies and practices builds trusts with our investors and portfolio companies.  This Policy is designed to inform you about NovaQuest’s practices regarding the collection, use, and disclosure of any personal information on www.nqcapital.com and www.novaquest.com (collectively, the “Site”) and how we plan to protect such information once it is collected.  As our firm and privacy laws and environment evolve, this Policy may change, so please check this page periodically to ensure you are up to date with our current practices.

The Site is owned and operated by NovaQuest and its affiliates (referred to collectively in this Policy as “we,” “us,” “our” and other similar pronouns).

Information We May Collect

We collect information from or about Site users concerning use of the Site.  In addition, when you use the Site, you may choose to send certain information to NovaQuest such as your name, title, organization, telephone number and email address.

We may collect Personal Data that you provide directly to us when you enter certain information on our Site. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, title, organization, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

As is the case with many websites, our servers automatically collect technical information regarding the computer hardware and software that you use to access the Site, such as your browser type and IP address when you visit the Site, and we may associate that with your domain name or that of your Internet access provider.

In addition, we may capture certain “clickstream data” pertaining to your Site usage. Data captured may include, for example, the referring page that linked you to the Site, the country from which you are conducting your browsing session, the next website you visit when you leave the Site, and any search terms you have entered on the Site or a referral site.

We and our service providers may use tracking technologies (e.g., cookies, local shared objects, and pixel tags) and website analytics tools to, among other things, monitor and better understand user behavior on the Site.

  • Cookies” are a small text file that is sent to your browser from a web server and then stored and retrieved on your hard drive during subsequent visits to the Site. Most browsers automatically accept the storage of cookies on your hard drive. NovaQuest uses cookies to enhance your experience and to compile information about your use of the Site. There are two types of cookies: session cookies and permanent cookies. Permanent cookies are stored on your hard drive until you clear or delete them. We use these cookies to remember your site preferences (e.g. automatic account sign in). Temporary or session cookies are stored and disappear when you close your browser. You can easily remove cookies from your computer or mobile device through your browser. If you prefer to prevent your browser from accepting cookies, you can disable cookies from your browser, which may affect certain functionalities of the Site.
  • Local shared objects, such as “Flash cookies,” may be stored on your computer or device using a media player or other software installed on your computer or device. Local shared objects operate a lot like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings.
  • A pixel tag is a tiny image that can be placed on the Site in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve seen one of our Web pages.
  • Analytics Services. In addition to the tracking technologies we may place, we may utilize tools when you visit our Site. This includes third party analytics services, including but not limited to Google Analytics (“Analytics Services”), that we engage to help analyze how users use the Site. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Site. To opt out of your Site usage information being included in our Google analytics reports, you may follow the instructions at https://tools.google.com/dlpage/gaoptout.

How We Use And Share Information

NovaQuest may use your personal or technical information to provide you with a more effective, customized set of services.  We may use your information:

  • to respond to your request(s), question(s) and concern(s), to administer the Site and enable users to use the Site and its features, to protect our rights and property;
  • for other purposes disclosed when you submit information to us and in accordance with this Policy;
  • to identify you as a user in our system;
  • to provide improved administration of our Site;
  • to improve the quality of experience when you interact with our Site;
  • to send you an e-mail to verify ownership of the e-mail address provided;
  • to send you administrative e-mail notifications, such as security, or support and maintenance advisories;
  • to respond to your inquiries related to employment opportunities or other requests;
  • to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; and
  • to send newsletters and surveys related to our services and for other marketing purposes of the firm.

In addition, we use the usage information collected about your Site visits, including the pages you view, information you search for, and the average time spent on our Site, on an individual basis or in the aggregate, to better understand our audience and the usage and visitation on our Site and the other sites tracked by these third parties; develop new features, deliver advertising targeted to your interests; and offerings on the Site and improve the functionality and user-friendliness of our Site.

Sharing with Third Parties

We generally do not share information collected about you through the Site.  We may, however, share your information (i) with third parties who provide services to us, (ii) as required by law and when we believe in good faith that disclosure is necessary to protect our rights or those of third parties, protect your safety or the safety of others, investigate fraud, or comply with a court order or other legal process or (iii) among our affiliates for our business purposes in accordance with this Policy.

In addition, we may share non-personally identifiable Site usage information (including aggregate data) with others, for their own use, in a form that does not include your name or contact information. The third parties that support our website analytics tools may be able to access and use your Site usage information.

Links to Access-Restricted, Third-Party and Social Media Sites

If you have an account hosted through an access-restricted website (such as Intralinks or other investor portals), please refer to the privacy policies and practices of the operators of the access-restricted website available on such access-restricted website to understand your rights to review, update or modify certain of the information that is stored in that account.

In addition, you may choose to access certain third-party websites or social media services that are owned and/or controlled by third parties (including, without limitation, LinkedIn or Twitter) when using the Site. These links may have been placed on the Site by NovaQuest, through the use of a third-party application, or in some other manner.

When you elect to access and use such sites, you will be sharing your information (which will include personal information if you elect to share such information) with those sites. NovaQuest makes no guarantees regarding the content, reliability, correctness or safety of any third-party website or social media services accessed through links appearing on the Site. NovaQuest does not control the content of these sites and does not supervise links posted by these third parties. These sites may have different privacy policies and terms of use or no privacy policy or terms of use. The manner in which your personal information is used, stored and disclosed by such sites is governed by the policies of such site. If you access any of these links, you do so at your own risk and NovaQuest will have no liability or responsibility for the use, storage or disclosure of your information by such sites.

Children’s Online Privacy Protection Act

NovaQuest is committed to protecting the privacy of children and we do not intentionally gather personal information from visitors who are under the age of 13. If a child under 13 submits personal information to us and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at privacy@nqcapital.com.

A Note to Users Outside of the United States

If you are a non U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this Policy. In addition, your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

Contact Us

We welcome your questions and comments about privacy. Please feel free to contact us by sending an e-mail to privacy@nqcapital.com.

Terms of Use

NovaQuest is providing this Site as an information service. By accessing the Site and/or using the information, tools, content, and features located on it, you accept and agree to be bound by this terms of use agreement (“Terms”), as may be amended from time to time. You represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms personally or on behalf of the company you have named as the user, and to bind that company to these Terms. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you register on the Site. It is your responsibility to be aware of, and to comply with, these Terms and all applicable laws and regulations of any relevant jurisdiction, when using the Site and related services. If you do not agree to be bound by these Terms, you may not access or use this Site.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NORTH CAROLINA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

Please note that these Terms are subject to change by NovaQuest in its sole discretion at any time. When changes are made, we will make a new copy of the Terms available at the Site.  Please regularly check the site to view the then-current Terms.

We may terminate, change, restrict, suspend or discontinue any aspect of the Site, or your access to it, at any time without notice or liability to you.

Use of the Site

The Site and all other information and content available through the Site, are protected by copyright laws throughout the world.

You agree not to: (a) take any action that imposes an unreasonable load on this Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up this Site; (d) delete or alter any material posted on this Site; (e) frame or link to any of the materials or information available on this Site; (f) impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from this Site or NovaQuest; (g) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through this Site through any means, including through means not intentionally made publicly available or provided for through this Site; (h) 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 this Site, or obtaining lists of users or other information from or through this Site including, without limitation, any information residing on any server or database connected to this Site; (i) use this Site or the content of this Site, including but not limited to the text and images herein and their arrangement, to violate, plagiarize or in any other manner infringe upon 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; (j) upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; (k) disclose any sensitive, proprietary or confidential information, about yourself or anyone else, (l) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this Site; or (m) use this Site or its services, in whole or in part, or submit any information to this Site, in violation of any applicable law, rule or regulation.

Our personal information collection, storage, and use policies with respect to this Site are set forth in our Policy, which is incorporated herein by reference for all purposes.

No Solicitation or Investment Advice

The purpose of this Site (including any portion of this Site available only to investors) is limited to providing you with general information about NovaQuest. We do not render or offer to render investment advice through this Site. Nothing on this Site constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities or other financial instruments, nor should it or any part of it form the basis of, or be relied upon in connection with, any contract or commitment whatsoever.

We may only transact business or render investment advice in those jurisdictions where we are appropriately registered and/or licensed or where we are otherwise excluded or exempted from registration and/or licensing requirements. The investments highlighted on this Site were selected for illustrative purposes in order to underscore the investment themes utilized by NovaQuest. The selected investments are not meant to imply the investment returns of NovaQuest on an individual or aggregate basis.

The information provided on the Site is illustrative and no assurance can be provided that any of the future events referenced herein will occur on the terms contemplated herein or at all.  There is no implication that any information contained on this Site is accurate or that there has been no change in such information since the date first posted.

Certain places on this Site may contain information created and published by institutions or organizations independent of us. We do not endorse, approve, certify, or control these materials. In addition, we do not guarantee or assume responsibility for the accuracy, completeness, efficacy, timeliness or correct sequencing of information in any material on the Site. Use of such information is voluntary, and reliance on it should be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.

Intellectual Property

As between you and us, we own all rights, title and interest in and to this Site, all of the content (including, without limitation, all text, audio, photographs, images, renderings, RSS feeds, podcasts, reports, charts, logos, widgets, gadgets, applets, and video), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Site, and the compilation of the Site Content. Your use of the Site does not grant to you ownership or title of, in, or to any Site Content or any other part of the Site.

Subject to these Terms, you may access, view, use and display the Site and Site Content on your computer or other Internet-capable device for your own, non-commercial purposes, provided that you comply fully with these Terms. You may not copy or display for redistribution to third parties any portion of the Site or the Site Content without the prior written permission of NovaQuest.

Security

While we endeavor to protect the security and integrity of the information we may collect from you via the Site, as described in our Policy set forth above, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. A third party could view the information you send in transit by electronic means. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

Release

You hereby release and forever discharge NovaQuest (and our officers, partners, managers, directors, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any external sites). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NOVAQUEST EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SITE.

 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. NEITHER WE NOR ANY OF OUR officers, partners, managers, directors, employees, agents, successors, and assigns, OR CONTENT OR SERVICE PROVIDERS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.

THE SITE MAY BE SUBJECT TO DELAYS OR OTHER DISRUPTIONS. IN ADDITION, ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES (INCLUDING, WITHOUT LIMITATION, INFORMATION FROM THIRD PARTIES) WE BELIEVE TO BE RELIABLE, NEITHER WE NOR ANY OF OUR officers, partners, managers, directors, employees, agents, successors, and assigns, OR CONTENT OR SERVICE PROVIDERS MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE OR SITE CONTENT, (II) THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON OUR SITE, OR (III) THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIALS DISPLAYED ON, OR DISTRIBUTED THROUGH, OUR SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NOVAQUEST OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT NOVAQUEST IS NOT LIABLE, AND YOU AGREE NOT TO HOLD NOVAQUEST LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES THAT ARE LINKED TO THE SITE, AND THAT THE RISK OF INJURY FROM SUCH PARTIES RESTS ENTIRETY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE. YOU UNDERSTAND THAT NOVAQUEST DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE.

International Use

Due to the global nature of the Internet, this Site may be accessed by users in countries other than the United States. We make no warranties that materials on this Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.  You acknowledge the Section of our Policy entitled “A Note to Users Outside of the United States” set forth above.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR ANY OF OUR officers, partners, managers, directors, employees, agents, successors, and assigns, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO: (1) THE USE OR INABILITY TO USE THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATED TO THE SITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PROTECTED ENTITY HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY MATERIALS OR SERVICES ON THIS SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Electronic Communications

The communications between you and NovaQuest use electronic means, whether you visit the Site or send NovaQuest e-mails, or whether NovaQuest posts notices on its properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from NovaQuest in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NovaQuest provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Dispute Resolution

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with NovaQuest and limits the manner in which you can seek relief from us.

  1. a) Applicability of Arbitration Agreement. This Arbitration Agreement is only applicable to U.S. Residents. You agree that any dispute or claim relating in any way to your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of your relationship with NovaQuest, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, and (2) you or NovaQuest may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of the Terms or any prior version of this Terms.
  2. b) Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent The Corporation Trust Company, Corporation Trust Center, 1209 Orange St, Wilmington, DE 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, NovaQuest will pay them for you. In addition, NovaQuest will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

 

You may choose to have the arbitration conducted by telephone, based on written submissions, or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  1. c) Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and NovaQuest. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
  2. d) Waiver of Jury Trial. YOU AND NOVAQUEST HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and NovaQuest are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in subsection (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  3. e) Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of North Carolina. All other claims shall be arbitrated.
  4. f) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: privacy@nqcapital.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your NovaQuest account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  5. g) Severability. Except as provided in subsection (e) above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  6. h) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with NovaQuest.
  7. i) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if NovaQuest makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to NovaQuest at the following address: 4208 Six Forks Road, Suite 920, Raleigh, NC 27609.

Exclusive Venue

To the extent the parties are permitted under these Terms or this Arbitration Agreement to initiate litigation in a court, both you and NovaQuest agree that all claims and disputes arising out of or relating to these Terms or this Arbitration Agreement will be litigated exclusively in the state or federal courts located in Wake County, North Carolina.

Governing Law

THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NORTH CAROLINA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

Miscellaneous

These Terms and our relationship with you shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision and the other provisions of these Terms remain in full force and effect. The Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Last Updated: April 9, 2019