Términos del Servicio

Please read these terms carefully before using our website and services. By accessing or using nashdg.com, you agree to be bound by these terms.

Acceptance of Terms

Welcome to The Nash Group, LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the website located at www.nashdg.com(the "Website") and all related services, features, content, and applications offered by The Nash Group, LLC (collectively, the "Services").

By accessing or using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website or Services.

Important Notice

These Terms constitute a legally binding agreement between you and The Nash Group, LLC. Your continued use of our Website following the posting of any changes to these Terms constitutes acceptance of those changes.

Description of Services

The Nash Group, LLC is a minority-owned affordable housing development company providing the following services:

• Affordable Housing Development: Development of Low-Income Housing Tax Credit (LIHTC) projects, mixed-income housing, and workforce housing.
• Advisory: Data center and emerging industry engagement; community and stakeholder engagement; urban planning, design and infrastructure; market analysis; expert and advisory services; and deal structuring and public-private partnerships.
• Education & Training: Professional development programs, workshops, and speaking engagements on affordable housing and community development.

The Website provides information about our company, services, team, projects, and contact information. It may also include educational content, news, media resources, and opportunities to partner with our organization.

Paid Subscriptions

Some content, including the Data Center Briefing, is offered by paid subscription at the prices shown when you subscribe. Annual subscriptions renew at the stated renewal price each year, and quarterly subscriptions every three months, until you cancel. Cancel any time and your access runs to the end of the period you paid for. A full refund is available within 30 days of your first payment. Duplicate or mistaken charges are always refunded. Each subscription is for the subscriber named on it, or for the number of seats purchased on a seat-based plan.

Eligibility

To access and use our Website and Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater;
• Have the legal capacity to enter into a binding agreement;
• Not be prohibited from using the Services under applicable law;
• Provide accurate and complete information when requested.

If you are accessing or using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" and "your" will refer to such entity.

User Accounts

Certain features of our Website or Services may require you to create an account or provide personal information. When creating an account or submitting information, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your information to keep it accurate and complete;
• Maintain the security and confidentiality of your login credentials;
• Notify us immediately of any unauthorized use of your account;
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

Intellectual Property Rights

All content, features, and functionality on the Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, data compilations, software, and the design, selection, and arrangement thereof, are owned by The Nash Group, LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Nash Group™, the Nash Group logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Nash Group, LLC. You may not use such marks without our prior written permission.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use only. This license does not include the right to: (a) modify or copy materials; (b) use materials for commercial purposes; (c) attempt to reverse engineer any software; (d) remove copyright or proprietary notations; or (e) transfer materials to another person or "mirror" materials on another server. Paid subscribers may use subscribed content as their subscription allows.

User Conduct

You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation;
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website;
• Use any robot, spider, or other automatic device to access the Website for any purpose;
• Introduce any viruses, Trojan horses, worms, or other malicious code;
• Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website.

Prohibited Activities

The following activities are strictly prohibited:

Prohibited Activities

• Systematic retrieval of data to create a collection, compilation, database, or directory;
• Unauthorized framing or linking to the Website;
• Uploading or transmitting viruses, malware, or any disabling code;
• Using the Website to advertise or sell goods and services without authorization;
• Engaging in unauthorized data collection or harvesting;
• Interfering with security features of the Website;
• Disparaging, tarnishing, or harming the Company or Website;
• Using information obtained from the Website to harass, abuse, or harm another person;
• Copying or adapting the Website's software or reverse engineering any code.

User Submissions

Any information, feedback, comments, suggestions, ideas, or other submissions ("Submissions") you transmit to us through the Website shall be deemed non-confidential and non-proprietary. By providing Submissions, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media.

You represent and warrant that you own or control all rights to your Submissions and that your Submissions do not violate these Terms or any applicable law.

Third-Party Links & Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by The Nash Group, LLC. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Your interactions with third-party websites are solely between you and such third parties. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit.

Our Website may link to these separately governed organizations:

• AGI Affinity, LLC(www.agiaffinity.com), AI consulting services
• The Nash Group Community Foundation, Inc.(www.tngcf.org), 501(c)(3) nonprofit organization

Disclaimers

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, The Nash Group, LLC disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Website will be uninterrupted, timely, secure, or error-free;
• Warranties regarding the accuracy, reliability, or completeness of any information on the Website;
• Warranties that defects will be corrected or that the Website is free of viruses or harmful components.

Any information or content obtained through the Website is at your own risk, and you are solely responsible for any damage to your computer system or loss of data.

Limitation of Liability

Important Legal Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE NASH GROUP, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Website or Services;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website;
• Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total liability to you for all claims exceed the amount paid by you, if any, for accessing the Website during the twelve (12) months preceding the claim, or One Hundred Dollars ($100.00), whichever is greater.

Indemnification

You agree to defend, indemnify, and hold harmless The Nash Group, LLC, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your violation of any third-party rights, including intellectual property rights;
• Your violation of any applicable law, rule, or regulation;
• Any content you submit to the Website;
• Your use of the Website or Services.

Privacy Policy

Your privacy is important to us. Our collection and use of personal information in connection with your access to and use of the Website is described in our Privacy Policy, which is incorporated into these Terms by reference.

By using the Website, you consent to the collection and use of information as described in our Privacy Policy. Please review our Privacy Policy at www.nashdg.com/privacy-policy before using the Website.

Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting to the Website. We will indicate the date of the most recent revision at the top of these Terms.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes.

Stay Informed

We encourage you to periodically review these Terms to stay informed about how we are protecting and serving you. Your continued use of the Website constitutes your agreement to be bound by such modifications.

Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to its conflict of law provisions.

Any court proceeding permitted under these Terms, including an action to enforce an arbitration award or to seek emergency relief, shall be brought only in the federal or state courts located in Jackson County, Missouri. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution

Informal Resolution: Before filing a claim against The Nash Group, LLC, you agree to try to resolve the dispute informally by contacting us at tnash@thenashdevelopmentgroup.com. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or The Nash Group, LLC may bring a formal proceeding.

Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Kansas City, Missouri. The arbitrator's decision shall be final and binding.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law: (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be severed from these Terms. The validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and The Nash Group, LLC concerning your use of the Website and Services.

These Terms supersede any prior agreements, communications, and proposals, whether oral or written, between you and us with respect to the Website. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of The Nash Group, LLC.

Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us:

The Nash Group, LLC

Kansas City, Missouri & West Palm Beach, Florida

tnash@thenashdevelopmentgroup.com

(816) 213-4461

www.nashdg.com