Cherry Creek Capital Group LLC (“Cherry Creek Capital”) or its affiliates (collectively, the “Company”) maintains this Website on the Internet (“Website”). These Terms of Use (this “Agreement”) sets forth the terms and conditions of your use of the Website. By using the website you accept the terms and conditions of this agreement and the website’s privacy policy (the “privacy policy”) and you acknowledge and agree that your use of the website is conditioned on such acceptance
including, without limitation, where you are dissatisfied with any portion of the content and/or services available on the website.
In this Agreement, “you” and “your” refers to you as a user of the Website and services, and “Company” refers to Cherry Creek Capital and its affiliates. If you have any questions concerning this Agreement, please contact Cherry Creek Capital by email to contact@cherrycreekcapital.com.
1. MODIFICATIONS
The Company may amend this Agreement at any time by posting an amended Agreement on the Website. You should visit this page periodically to review this Agreement, because it is binding on you. Notwithstanding the foregoing, the Company may also add, delete or modify some or all of the services offered on the Website at any time in its sole discretion.
2. SCOPE
Certain areas of this Website may be subject to additional terms of use including, without limitation, completion of appropriate registration process and acceptance of registration agreement, if any. This Agreement is incorporated by reference into any such registration agreement.
3. TRANSACTIONS BETWEEN YOU AND THIRD PARTIES; LINKS TO OTHER WEBSITES
This Agreement governs your use of the Website. Other than as the provider of the Website, the Company is not involved in the consummation of transactions between you and a third party whose services or products may, from time to time, be available on or through the Website. In the event of any dispute between you and any third party, you hereby release the Company, its partners, licensors, content providers, service providers and contractors and officers, equity holders, directors, employees and agents of the Company from any claims and damages of any nature (including, without limitation, actual, special, incidental and consequential damages), whether known or unknown, disclosed or undisclosed, arising out of or in any way connected with such dispute. Links to other websites are provided on the Website by the Company solely for your convenience. You acknowledge and agree that (a) the Company cannot, will not, and
does not, assume any responsibility for the content and services provided by third parties via other websites, and (b) your use of such websites may be subject to the terms of use and/or policies different from the terms and conditions of this Agreement and the Privacy Policy. Please note that the website(s) to which this/these hyperlink(s) lead are created, maintained and updated by third parties and are in no way associated with Cherry Creek Capital LLC (“Cherry Creek Capital”) or its affiliates (collectively, the “Company”). The information on such website(s) is supplied by those parties, NOT by the Company. The Company disclaims any and all responsibility for, or endorsement of, such information.
4. ACCESS TO THE WEBSITE
(a) Physical Connection To Website. You are responsible for providing all equipment necessary to access the Internet and the Website.
(b) Website Availability. While the Company’s objective is to make the Website accessible 24 hours per day, seven days per week, the Company may make the Website unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Website may be interrupted, suspended or terminated from time to time. You agree that: (i) the Company will not be liable for any damages arising from any such interruption, suspension or termination of the Website and (ii) you assume the risk of such interruption, suspension or termination of the Website.
(c) Applicable Laws. You agree to comply with all applicable local, state, federal, and international laws, statutes, rules and regulations relating to your use of the Website. Without limiting the foregoing, you are responsible for observing all applicable laws.
(d) Malicious Intent. You agree not to tamper with the software or functionality of the Website. Without limiting the foregoing, you agree not to put any material via the Website which contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information.
5. USE OF THE WEBSITE
You have a non-exclusive, non-transferable, limited, revocable license to use the Website solely for your internal business use. User will not use the Website for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell, publish any of the contents of the Website without the prior written consent of Cherry Creek Capital, which may be withheld, conditioned or delayed in
its sole discretion, except that you may print out a copy of the content solely for your internal business use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. You are prohibited from including links from other websites to the Website without the prior written consent of Cherry Creek Capital which may be withheld, conditioned or delayed in its sole discretion.
6. INTELLECTUAL PROPERTY AND PRIVACY
All content published on the Website by the Company, including, without limitation, any and all proprietary rights thereto, is owned by the Company or the Company’s third-party licensor, and the Company or the Company’s third-party licensor retain all right, title and interest in the content.
The Company’s use of information and materials (“Information”) submitted by you will be in accordance with the Privacy Policy and the terms contained in this Paragraph 6. You hereby grant to the Company a non-exclusive, worldwide, transferable, perpetual, irrevocable, royalty-free license to use, in connection with operating and promoting the Website including, without limitation, providing content and/or services available on the Website, in any media now known or hereafter developed, all Information you provide, subject to the terms and conditions of the Privacy Policy. Notwithstanding anything in the Privacy Policy to the contrary, you agree that any Information that you submit to Cherry Creek Capital or any one of its affiliates may be delivered or otherwise shared by any of its affiliates.
7. DISCLAIMER OF WARRANTY
You hereby acknowledge and agree that the company provides the website, content available on the website and services available on the website on an “as is” and “as available” basis and without any representation, endorsement, warranty or condition of any kind whatsoever, either express or implied, including, without limitation, any warranties of title, accuracy or availability and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law.
You acknowledge and agree that the company cannot and does not guarantee or warrant the files available for downloading from the internet or the website will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of lost data. You acknowledge and agree that your use of the website, content available on the website and services available on the website is at your sole risk.
The content available on the website is not necessarily complete and you (whether you are an investor, borrower and other user) should use the content in the same manner as any other educational medium and should not rely on the content available on the website to the exclusion of your professional judgment. Information obtained by using the website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to the participants in any particular transaction.
Further, the company has no obligation to monitor the content available on the website or the links to other websites and expressly disclaims any responsibility of the company to filter any such content and links to other websites. In no event will the company be liable for any content, services, products or actions taken by third parties linked from the website. Without limiting the foregoing, the company expressly disclaims all warranties of any kind, including, without
limitation, the quality, identity or reliability of any third party with whom you may elect to conduct business after an introduction to such third party by the company on the website, and whether you should conduct business with such third party.
8. LIMITATION OF LIABILITY
You agree that neither the company, its partners, licensors, service providers, content providers, contractors nor any officer, director, equity holder, agent or employee of the company will be liable to you or any third party for any damages, including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, lost profits, pain or suffering, emotional distress or any other similar damages, whether under a contract, tort or any other theory of
liability, arising in connection with anyone’s the use of the website or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to the website or any other website operated by any third party or any contents available on the website or any other website operated by any third party, even if the company is aware of the possibility of such damages.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its partners, licensors, service providers, content providers and contractors and officers, directors, equity holders, agents and employees of the Company from any claim, demand or cause of action and the resulting loss, liability, damages, judgments, debt, awards, costs, expenses and attorney’s fees in connection therewith, to the extent that such claim, demand or cause of action is based upon a claim that: (a) arises out of or in relation to your use of the Website and is not caused by the gross negligence or conduct of the Company; (b) if true, would constitute a breach of any of your representations, warranties, obligations or other agreements hereunder; or (c) arises out of your negligence, willful misconduct, or abandonment. The Company may, at its discretion and at its own expense, assist in the defense of any indemnified claim through counsel selected by the
Company. In no event will you have authority to bind the Company to any settlement of any claim or with respect to any other matter.
10. TERMINATION
The Company may terminate your access to the Website at any time, for any reason or no reason, and you will have no recourse, and the Company will have no liability, with respect to any such termination. This Agreement will automatically terminate upon your breach of any of the terms of this Agreement, or upon the termination by the Company of your access to the Website. All provisions of this Agreement relating to warranties, confidentiality obligations of you, proprietary rights, limitation of liability, indemnification obligations and payment obligations will survive the termination of this Agreement.
11. RELATIONSHIP OF THE PARTIES
You and the Company are independent contractors, and no agency, partnership, joint venture, employer-employee or other similar relationship is intended or created by your use of the Website.
12. AVAILABILITY OF WEBSITE AND SERVICES
The content and services offered by the Company on the Website are only available in the United States and other countries where permitted by law.
13. GOVERNING LAW; SUBMISSION TO JURISDICTION
This Agreement will be governed by and construed in accordance with the law of the State of Colorado without regard to its conflicts of law provisions and the law of the United States. You specifically consent to personal jurisdiction in the State of Colorado in connection with any dispute arising out of this Agreement or pertaining to the subject matter hereof.
14. OTHER GENERAL PROVISIONS
This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. Headings are for reference only. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and the Company nor trade practice will act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination will not affect such provision in any other respect or any other provision of this Agreement, which will remain in full force and effect. To the extent that the Company’s approval, consent or waiver is required under any provision of this Agreement, such approval, consent or waiver may be withheld, conditioned or delayed in the Company’s sole and absolute discretion. You may not assign or transfer to third parties any of your rights or obligations under this Agreement without prior written permission from Cherry Creek Capital.
