Updated April 7, 2020
I. About NextCapital
Welcome to NextCapital. Our mission is to deliver personal, objective, and world-class portfolio and planning services to investors like you.
NextCapital is a leading provider of portfolio management software. NextCapital's founding team was responsible for building out the first ever automated 401(k) portfolio management platforms, the first electronic advisor, and one of the first online banks. We power digital financial institutions for leading financial institutions such as Russell Investments and Transamerica. We love using technology to help give our clients more control over their money, and make their money more intelligent.
Before you get started, we ask that you take a few minutes to carefully read the important Terms of Service below.
NextCapital is a leading provider of portfolio management software. NextCapital's founding team was responsible for building out the first ever automated 401(k) portfolio management platforms, the first electronic advisor, and one of the first online banks. We power digital financial institutions for leading financial institutions such as Russell Investments and Transamerica. We love using technology to help give our clients more control over their money, and make their money more intelligent.
Before you get started, we ask that you take a few minutes to carefully read the important Terms of Service below.
II. Agreement & acceptance of terms
"NextCapital" means NextCapital Group, Inc., and its subsidiaries, NextCapital Advisers, Inc., and NextCapital Software, Inc. with respect to your NextCapital account. All financial software provided by NextCapital is provided by NextCapital Software. Any financial advice provided by NextCapital is provided solely by NextCapital Advisers. These Terms of Service apply with respect to your NextCapital account and your use of NextCapital's website. In addition, our affiliate, NextCapital Advisers, may provide certain investment advisory services to those that enroll in NextCapital. The nature of such services is set forth in separate agreements between investment advisory clients and NextCapital Advisers.
NextCapital ("We" or "Us") looks forward to providing you with our services. In exchange for using NextCapital's services, clients of our services (that's you) are expected to read and follow these terms of service.
Your use of any of the NextCapital services is subject to the Privacy Policy, which addresses how we gather, use, disclose and manage your personal information.
To use NextCapital, you need to understand and agree to follow these terms of service. You also must understand, i) that the terms of service may change from time to time at the sole discretion of Us; ii) by downloading our app, registering for a NextCapital account, using our free tools prior to registration, or manifesting your affirmative acceptance of these terms by way of a click-box, modal, or pop-up, you are agreeing to the terms of service herein.
Except to the extent that you choose to enroll in NextCapital, and, thereby, receive investment advisory services provided to those who enroll in NextCapital, NextCapital is for general information, education, and guidance purposes only. And except to the extent that you choose to enroll in NextCapital, and, thereby, receive investment advisory services provided to those who enroll in NextCapital, you should not construe any such information or the features, tools, or other content available through NextCapital as advice. We provide information, education, and non-discretionary advice, but you have the ultimate responsibility for evaluating the merits and risks associated with the use of the information provided by NextCapital before making any decisions. No information generated by NextCapital or content on NextCapital constitutes a solicitation, recommendation, endorsement, or offer with respect to any securities or other financial instruments.
Also, the financial information utilized by NextCapital is historical in nature. Historical financial information is not a guarantee of future financial results. While We will endeavor to keep the information used in NextCapital as up-to-date and correct as possible, We make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability or suitability of the information contained on, or generated by use of, NextCapital for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Remember, we are trying to help you make informed decisions, but you are responsible for your decisions.
In exchange for using NextCapital, You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other websites. You agree not to misrepresent your identity or your account information. You also agree to keep your account information up to date and accurate. Remember, We cannot help you make informed decisions if You do not give us accurate information.
Finally, You may not use NextCapital for any unlawful purpose. We reserve the right to terminate or restrict your access to NextCapital for any reason, including but not limited to, the violation of any laws, regulations or rulings, infringing upon other’s rights or violation of these terms of service.
NextCapital ("We" or "Us") looks forward to providing you with our services. In exchange for using NextCapital's services, clients of our services (that's you) are expected to read and follow these terms of service.
Your use of any of the NextCapital services is subject to the Privacy Policy, which addresses how we gather, use, disclose and manage your personal information.
To use NextCapital, you need to understand and agree to follow these terms of service. You also must understand, i) that the terms of service may change from time to time at the sole discretion of Us; ii) by downloading our app, registering for a NextCapital account, using our free tools prior to registration, or manifesting your affirmative acceptance of these terms by way of a click-box, modal, or pop-up, you are agreeing to the terms of service herein.
Except to the extent that you choose to enroll in NextCapital, and, thereby, receive investment advisory services provided to those who enroll in NextCapital, NextCapital is for general information, education, and guidance purposes only. And except to the extent that you choose to enroll in NextCapital, and, thereby, receive investment advisory services provided to those who enroll in NextCapital, you should not construe any such information or the features, tools, or other content available through NextCapital as advice. We provide information, education, and non-discretionary advice, but you have the ultimate responsibility for evaluating the merits and risks associated with the use of the information provided by NextCapital before making any decisions. No information generated by NextCapital or content on NextCapital constitutes a solicitation, recommendation, endorsement, or offer with respect to any securities or other financial instruments.
Also, the financial information utilized by NextCapital is historical in nature. Historical financial information is not a guarantee of future financial results. While We will endeavor to keep the information used in NextCapital as up-to-date and correct as possible, We make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability or suitability of the information contained on, or generated by use of, NextCapital for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Remember, we are trying to help you make informed decisions, but you are responsible for your decisions.
In exchange for using NextCapital, You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other websites. You agree not to misrepresent your identity or your account information. You also agree to keep your account information up to date and accurate. Remember, We cannot help you make informed decisions if You do not give us accurate information.
Finally, You may not use NextCapital for any unlawful purpose. We reserve the right to terminate or restrict your access to NextCapital for any reason, including but not limited to, the violation of any laws, regulations or rulings, infringing upon other’s rights or violation of these terms of service.
III. Description of services
NextCapital Premium is a complimentary service available to all NextCapital Clients.
Registered users with a NextCapital account also must both acknowledge receipt of the NextCapital Firm Brochure, ( ADV Part 2A ) that describes the services that NextCapital Advisers, Inc. provides, including the NextCapital Non-Discretionary Service, and agree to a separate Non-Discretionary Client Agreement.
Registered users with a NextCapital account also must both acknowledge receipt of the NextCapital Firm Brochure, ( ADV Part 2A ) that describes the services that NextCapital Advisers, Inc. provides, including the NextCapital Non-Discretionary Service, and agree to a separate Non-Discretionary Client Agreement.
- NextCapital Non-Discretionary Advisory Service: NextCapital Non-Discretionary Advisory Service provides non-discretionary investment advice from NextCapital Advisers to the user at no cost. It is available to anyone who elects to enroll in NextCapital Non-Discretionary Advisory Service. NextCapital is the central place to help you plan, invest and track your entire portfolio – holistically. After you create your account, we will securely and automatically connect to your brokerage, IRA, 401(k) and other financial accounts. NextCapital can help you understand the performance, asset allocation, and risks associated with your investments—and allow you to view your portfolio at a holistic level, by financial goal, by family member, or other custom view defined by you. NextCapital can help you see, manage, and control your entire portfolio from one place, with one password. Plus, We always keep your portfolio up-to-date, automatically. NextCapital Non-Discretionary Advisory Service provides a range of advisory services, including: (i) portfolio construction (e.g., asset allocation/reallocation and recommendation of specific securities), (ii) financial planning (e.g., analysis of retirement savings/spend down), and (iii) general recommendations (e.g., identifying risk and diversification levels). To produce such recommendations, NextCapital Advisers uses a proprietary algorithmic advice engine and personalized information collected through client profile inputs and our account aggregation service, among other methods.
- NextCapital Personal Portfolio Service: NextCapital Personal Portfolio Service is a discretionary, fee-based service that provides investment management services including: (i) portfolio construction and ongoing management (e.g., asset allocation/reallocation and recommendation of specific securities to include or remove from a portfolio), (ii) financial planning (e.g., analysis of retirement wealth forecasts, savings/spend down and college education savings and other life Milestones related financial planning projections), (iii) general recommendations (e.g., identifying cost reduction opportunities savings advice, retirement start-date advice, optimizing tax efficiency and investment tax saving strategies, risk and diversification Levels analysis) and (iv) sophisticated financial analytics tools and measurements provided by NextCapital Software. NextCapital Personal Portfolio Service provides automated ongoing discretionary investment management, automatic portfolio rebalancing, and securities transaction and custody services at no additional charge.
NextCapital Personal Portfolio Service continuously monitors Clients’ portfolios via automated computer algorithms and periodically rebalances them back to the target asset allocation applicable to each Client in an effort to maintain the intended level of return and risk in the portfolio.
NextCapital Advisers does not execute trades for Clients through its NextCapital Non-Discretionary Advisory Service. As such, Clients must make an independent determination as to whether to follow any recommendation made by NextCapital Advisers and make its own arrangements for execution of any desired recommendations.
IV. Cost & billing
- Non-Discretionary Advisory Service and NextCapital Premium: NextCapital Non-Discretionary Advisory Service is a complimentary service, but reserves the right in the future to charge fees for this Service. You will be notified in advance of any such change in cost of this Service.
- Next Capital Personal Portfolio Service: NextCapital is a fee-based service whose pricing is disclosed in a separate Wrap Fee Program Brochure.
V. Change of service & cancellation
- Change Of Service: From time to time, We may add or remove features to all Services described above. If you do not like our decisions, You may close your account or cancel your subscription.
- Cancellation Of Services: You may cancel your subscription at any time by sending an email to support@nextcapital.com.
- NextCapital Non-Discretionary Advisory Service Cancellation Details: NextCapital Advisers also reserves the right to cancel or suspend the NextCapital Non-Discretionary Advisory Service at any time and for any reason without notice to Clients. A Client may choose to cancel or suspend his or her NextCapital Non-Discretionary Advisory Service at any time without penalty. NextCapital Advisers may also choose to cancel or suspend a Client’s NextCapital Non-Discretionary Advisory Service at any time without penalty.
- NextCapital Personal Portfolio Service Cancellation Details: Please refer to the separate Wrap Fee Program Brochure.
VI. Ownership
As part of these Terms of Service, We grant you a nonexclusive, limited, royalty-free, revocable license to use NextCapital’s services and content only for your personal, non-commercial purposes. Except as described in this paragraph, you may not copy, reproduce, distribute or create derivative works from this content without our express written consent. Further, you agree not to reverse engineer, reverse compile or create test harnesses to run against any NextCapital software.
We may contract with third parties, known as "NextCapital Service Providers" to help us provide you with NextCapital. You also agree that you are licensing to Us and NextCapital Service Providers any information you provide to Us, including, but not limited to, data, passwords, materials or other content (collectively "Content"). We and NextCapital Service Providers may use, modify, display, distribute and create new material using such Content to provide NextCapital to you. By submitting Content, you agree that the owner of the Content grants Us and NextCapital Service Providers the right to use the Content for these purposes. Regardless, as between NextCapital, NextCapital Service Providers and you, you own your confidential information.
The NextCapital trademark belongs to Us, and you agree not to use the NextCapital trademark without the prior written consent of NextCapital. All marks not owned by NextCapital are property of their respective owners.
We may contract with third parties, known as "NextCapital Service Providers" to help us provide you with NextCapital. You also agree that you are licensing to Us and NextCapital Service Providers any information you provide to Us, including, but not limited to, data, passwords, materials or other content (collectively "Content"). We and NextCapital Service Providers may use, modify, display, distribute and create new material using such Content to provide NextCapital to you. By submitting Content, you agree that the owner of the Content grants Us and NextCapital Service Providers the right to use the Content for these purposes. Regardless, as between NextCapital, NextCapital Service Providers and you, you own your confidential information.
The NextCapital trademark belongs to Us, and you agree not to use the NextCapital trademark without the prior written consent of NextCapital. All marks not owned by NextCapital are property of their respective owners.
VII. Accessing account data
You agree that We and NextCapital Service Providers may access third party sites designated by you, on your behalf, to retrieve information you requested and to register accounts requested by you. The overall integrity and quality of the data presented by NextCapital to you is an important element in providing you with our service. NextCapital, however, is not responsible for and cannot guarantee the accuracy or timeliness of information We retrieve on your behalf directly, from third party technology providers, from third party financial institutions where your accounts are held, or from third party research/market data providers used to provide the services.
NextCapital may not be able to foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other service interruptions. NextCapital assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data or for any loss of user data, communications or personalization settings. NextCapital encourages you to periodically confirm the accuracy of your information through independent sources, such as an investment adviser, broker-dealer or other financial institution.
To use NextCapital, you grant Us and NextCapital Service Providers a limited power of attorney, and as your true and lawful attorney-in-fact and agent, with full power substitution and re-substitution, for you and in your name, place and stead in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities.
You acknowledge and agree that when We or NextCapital Service Providers access or retrieve information from third party sites, NextCapital and NextCapital Service Providers are acting as your agent, and not the agent or on behalf of the third party. You agree that the third party advisors you select shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You also understand and agree that NextCapital is not endorsed or sponsored by any third party account providers accessible through NextCapital. You acknowledge that through the use of NextCapital, We shall have access to your account credentials, including but not limited to username and passwords. We will take commercially reasonable steps to protect your account credentials.
NextCapital may not be able to foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other service interruptions. NextCapital assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data or for any loss of user data, communications or personalization settings. NextCapital encourages you to periodically confirm the accuracy of your information through independent sources, such as an investment adviser, broker-dealer or other financial institution.
To use NextCapital, you grant Us and NextCapital Service Providers a limited power of attorney, and as your true and lawful attorney-in-fact and agent, with full power substitution and re-substitution, for you and in your name, place and stead in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities.
You acknowledge and agree that when We or NextCapital Service Providers access or retrieve information from third party sites, NextCapital and NextCapital Service Providers are acting as your agent, and not the agent or on behalf of the third party. You agree that the third party advisors you select shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You also understand and agree that NextCapital is not endorsed or sponsored by any third party account providers accessible through NextCapital. You acknowledge that through the use of NextCapital, We shall have access to your account credentials, including but not limited to username and passwords. We will take commercially reasonable steps to protect your account credentials.
VIII. Disclaimers & warranties
NextCapital is provided on an "as-is" and "as available" basis. You use NextCapital at your sole risk, and while We will do what we can, you understand that We, along with NextCapital Service Providers, disclaim any warranties of any kind as to NextCapital and all information, products and other materials included in or accessible from NextCapital, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We and NextCapital Service Providers make no warranty that NextCapital will (i) meet your requirements or expectations, (ii) run uninterrupted, timely, securely or error-free, (iii) provide accurate or reliable results, or (iv) be free of errors in the technology.
Any materials downloaded or obtained through the use of NextCapital is done at your own risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No information, whether written or oral, that you obtain from NextCapital or NextCapital Service Providers through or from NextCapital will create any warranty not expressly stated in these terms.
We and NextCapital Service Providers make no warranty that NextCapital will (i) meet your requirements or expectations, (ii) run uninterrupted, timely, securely or error-free, (iii) provide accurate or reliable results, or (iv) be free of errors in the technology.
Any materials downloaded or obtained through the use of NextCapital is done at your own risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No information, whether written or oral, that you obtain from NextCapital or NextCapital Service Providers through or from NextCapital will create any warranty not expressly stated in these terms.
IX. Limitation of liabilities
You agree that neither Us nor any NextCapital Service Providers, nor any of our or their respective officers, directors, affiliates, employees, agents or representatives, will be liable for any harm, including any direct, incidental, special, consequential, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, even if you notify Us or any NextCapital Service Providers of the possibility of such damages, resulting from (i) the use or the inability to use NextCapital; (ii) the cost of getting substitute goods and services; (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from NextCapital; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on NextCapital; (vi) the use inability to use, unauthorized use, performance or nonperformance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to NextCapital.
X. Indemnification
You agree to indemnify, defend and fully compensate Us, the NextCapital Service Providers and our or their respective officers, directors, affiliates, employees, agents or representatives, from and against any and all losses, claims, actions, judgments, fines, penalties, liabilities, damages, expenses and costs (including but not limited to reasonable attorneys' fees), that relate to any third party claim caused by or arising from your use of NextCapital, your violation of these terms, or infringement of these terms by any other user of your account, or your violation or any intellectual property or other right of anyone.
XI. Use of password
In connection with use of NextCapital, You will be asked to create a login ID and password. You are responsible for maintaining the confidentiality of such information so that only you can access your information through NextCapital. We are not responsible for breaches of confidentiality of your personal information or personal financial data that result from your failure to maintain the security of your login ID and password.
We will take all commercially reasonable steps to protect your personally identifiable information and personal financial data. We make commercially reasonable efforts to maintain the confidentiality of all data you share with us.
We will take all commercially reasonable steps to protect your personally identifiable information and personal financial data. We make commercially reasonable efforts to maintain the confidentiality of all data you share with us.
XII. Electronic disclosure consent
By providing your email to enroll for use of our services, you consent to receive all notices and information regarding Next Capital services electronically. Electronic communications may be posted on our website and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you end your relationship with NextCapital. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.
XIII. Service upgrades
From time to time, We may use online session information for the purposes of improving NextCapital and your experience. In certain situations, such as service support requests, We may view your information as if We were you. This does not mean NextCapital support personnel have access to your investment account credentials. But to fix a problem with your user experience, we need to see what you see. We also aggregate information to understand how people like you use NextCapital, so that we can make improvements for everyone.
XIV. Third-party websites & applications
Through NextCapital, You may be able to link to other websites or applications that are not controlled by Us. Remember, We do not control those websites, and we are not responsible for the nature, content, or availability of those sites. Finally, the inclusion of a link does not imply a recommendation or endorsement of any views expressed therein.
XV. Digital Millennium Copyright Act
NextCapital respects the intellectual property rights of others. Upon proper notice, NextCapital will, in its discretion, remove User Content or other applicable content that violates intellectual property rights under applicable law, suspend access to the service (or any portion thereof) to any user who uses the service in violation of such law, and/or terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes intellectual property rights infringement, please send NextCapital's intellectual property agent (listed below) a written notification of claimed infringement with all of the following information:
Please send all of the above-enumerated information to the following NextCapital intellectual property agent:
John Belcaster
104 S. Michigan Avenue
14th Floor
Chicago, IL 60603-5902
belcasterj@nextcapital.com
Please do not send notices or inquiries unrelated to alleged copyright infringement to NextCapital's designated agent.
- identification of the intellectual property right (e.g., copyright, trademark, etc.) and the work claimed to have been infringed, or, if multiple rights and works are covered by a single notification, a representative list of such rights and works;
- identification of the claimed infringing material and information reasonably sufficient to permit NextCapital to locate the material on the service;
- information reasonably sufficient to permit NextCapital to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property rights owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the intellectual property rights owner or authorized to act on the owner's behalf; and
- your physical or electronic signature.
Please send all of the above-enumerated information to the following NextCapital intellectual property agent:
John Belcaster
104 S. Michigan Avenue
14th Floor
Chicago, IL 60603-5902
belcasterj@nextcapital.com
Please do not send notices or inquiries unrelated to alleged copyright infringement to NextCapital's designated agent.
XVI. Arbitration & governing law
These Terms of Service will be governed exclusively by the laws applicable in the State of Illinois, without regard to Illinois’ conflicts of law or choice of law principles. As described in the Non-Discretionary Client Agreement, the provision of non-discretionary advisory services will be governed exclusively by the laws applicable in the State of Delaware, without regard to Delaware’s conflicts of laws of choice of law principles. And with regard to any inconsistency that may exist or arise between these Terms of Service and the Non-Discretionary Client Agreement, the Non-Discretionary Client Agreement shall govern and control with regard to services described in, and provided pursuant to, the Non-Discretionary Client Agreement.
Subject to the arbitration provision below, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of the state courts in Cook County, Illinois or the United States District Court for the Northern District of Illinois with respect to any dispute or litigation arising under these Terms of Service or as the result of any Services.
You and NextCapital agree to resolve any disputes through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and NextCapital relating to the NextCapital Service or these Terms of Service (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator in Chicago, Illinois with experience in the subject matter of the Claim. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or NextCapital's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NEXTCAPITAL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Subject to the arbitration provision below, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of the state courts in Cook County, Illinois or the United States District Court for the Northern District of Illinois with respect to any dispute or litigation arising under these Terms of Service or as the result of any Services.
You and NextCapital agree to resolve any disputes through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and NextCapital relating to the NextCapital Service or these Terms of Service (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator in Chicago, Illinois with experience in the subject matter of the Claim. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or NextCapital's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NEXTCAPITAL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
