Terms of Use

PRIVACY POLICY

Last Updated: September, 2022

This privacy policy (this “Policy”) describes the information that we may collect about you when you visit the website (the “Site”) of Castle Creek Advisors VIII LLC (“Castle Creek,” “we” or ”us”) and how we use, store, share and process that information.

By visiting the Site, you affirm your agreement to this Policy, which we may update from time to time. If we update our Policy, we will post the updated version here. Any such changes will be effective upon posting. We urge you to review this Policy each time you visit the Site. If you do not agree with any provision of this Policy, you should not visit or use the Site.

This Policy only addresses data that we collect when you use the Site. This Policy does not address our privacy practices when you interact with us in other ways, including in your capacity as an investor in investment vehicles managed or advised by Castle Creek. We address these practices in separate notices to investors or potential investors. For clarity, while the “Site” includes a link to our private, password-restricted investor portal, it does not include that portal.

What Information We Collect

Information You Provide

In general, the Site is for informational purposes only. The Site does not include any opportunities for you to input, upload or otherwise voluntarily provide personal data or other information, and the Site never requests that you provide any personal data. For example, the Site does not include any webforms, registration forms, signup pages or other such opportunities for visitors to volunteer information about themselves.

Information We Collect Automatically

We and our service providers collect certain information automatically when you visit the Site, pertaining to how you access and use the Site. We and our service providers use cookies, software known as JavaScript and other technologies to capture that information, which may include any of the following:

website traffic data,
information about the location of the device accessing the Site,
information about the type of device,
operating system and browser you use to interact with the Site,
when you access the Site,
how many and which pages of the Site you viewed,
what URL you clicked on, and what pages you visited before navigating to the Site,
from what IP address you accessed webpages, page response times, download errors, length of visits to certain pages,
page interaction information (such as scrolling, clicks, and mouse overs),
and methods used to browse away from a page of the Site.

[We use Google Analytics to collect some of this information. Google Analytics collects information such as how often users visit the Site, what pages users visit, and what other sites they visited prior to or after coming to the Site. More information on how Google Analytics uses your data can be found at www.google.com/policies/privacy/partners/.]

One of the technologies we and our service providers use to collect this information is “cookies.” Cookies are small text files that may be placed on your browser when you visit the Site. Using the settings of your Internet browser, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. Consult your browser’s HELP menu to learn your options with respect to cookies. If you choose to turn off cookies, you may not have access to many features that make your browsing of the Site smoother. You may at any time delete any cookies by using the relevant option of your Internet browser or by deleting the cookies on your hard drive. To find out more about cookies please visit: www.allaboutcookies.org or www.youronlinechoices.eu.

We use this information for our legitimate business interests, such as to carry out and improve our business. In particular, we use this information to:

improve the Site,
facilitate your access to and use of the Site,
help us maintain the Site, and
as otherwise specified in this Policy.

Although we do not associate any of this automatically collected information with particular individuals or otherwise use it to identify specific individuals, some jurisdictions consider information such as IP addresses, under certain circumstances, to be personal data.

When We Disclose Information

We do not share any data collected from the Site with third parties other than:

to our service providers, to perform the functions described in this Policy;
if we believe that such disclosures are required to comply with applicable laws, regulations, subpoenas, legal process, governmental investigations, regulatory requests or inquiries, to cooperate with law enforcement, to assert or defend legal claims, to protect our and others’ rights, property, or safety, or for the purposes of crime and fraud prevention and remediation;
to our acquirers or successors, if Castle Creek, or any of our assets or businesses, are acquired by or merged with another entity, for use in a manner consistent with this Policy; or
if you otherwise provide consent.

We do not use or disclose such data for directing marketing purposes.

Data Transfers and Certain Data Protection Rights

To the extent that any data that we or our service providers collect pertains to an identified or identifiable natural person in the European Economic Area or the United Kingdom, the provisions of this section will apply, and you will have various rights with respect to our use, processing and sharing of such personal data, as described below. There may be exceptions to these rights under applicable law. If you wish to exercise any of these rights, please contact us using the contact information at the end of this Policy.

Only you, or a person whom you authorize to act on your behalf, may make a request related to your personal data. The request must:

provide sufficient information for us to reasonably verify you are the person about whom we collected personal data or an authorized representative of such person; and
describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal data if you do not take the foregoing actions. Making a request does not require you to create an account with us. We will use personal data provided in a request only to verify your identity or authority to make the request.

Access: You may request a copy of the personal data that we have collected, used, shared, or sold about you, and why we collected, used, shared, or sold that personal data, including the categories of personal data collected, the specific items of personal data collected, the categories of sources from which we collected personal data, the purposes for which we use the personal data, the categories of third parties with whom we share the personal data, and the categories of information that we sell or disclose to third parties.
Accuracy: We aim to keep your personal data accurate, current, and complete. We encourage you to contact us to let us know if any of your personal data is not accurate or changes.
Objecting/Deletion: You have the right to object to processing of your personal data and to ask us to block, delete or restrict your personal data subject to certain exceptions. Once we receive your request and verify your identity, we will delete your personal data from our records and direct our service providers to delete your personal data from their records, unless an exception applies under applicable law.
Portability: You have the right to request that your personal data be provided to you, or to another data controller, in a commonly used, machine-readable format.
Complaints: If you believe that your data protection rights may have been breached, you have the right to lodge a complaint with the applicable supervisory authority.

We will retain personal data for no longer than is necessary for the purposes for which it was processed.

Protection of information and Network Security

We endeavor to protect your personal information. We use technical, administrative and physical methods to maintain the integrity and security of our databases, including firewalls. Please be aware though that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications. We will not be responsible or liable for any damages, losses or causes of action arising out of or in connection with the disclosure of your personal information. You use the Site and send us information at your own risk.

Do Not Track

We do not track visitors of the Site over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals.

Links

The Site contains links to websites controlled and maintained by our current or former portfolio companies and other third parties. We provide these links solely as a convenience for you. We do not have any control over the content of these websites, and we assume no liability or responsibility for such sites, the content contained therein, or the manner in which any information collected on such sites are used. This Policy does not govern the use of information collected on such third party websites. In addition, the Site contains a link to a password-restricted investor portal reserved for our investors. The investor portal is governed by a separate privacy policy. Should you choose to visit any of these other sites, you should review their applicable privacy policies to ensure that you understand and are comfortable with their practices concerning your personal data.

Access to Portfolio Company and Other Third Party Websites

Our Site contains links to websites controlled and maintained by our current or former portfolio companies and other third parties. We provide these links solely as a convenience for you. We do not have any control over the content of these websites, and we assume no liability or responsibility for such sites, the content contained therein, or the manner in which any information collected on such sites are used. This Privacy Policy does not govern the use of information collected on such third party websites. Should you choose to visit these third party sites, you should review their privacy policies to ensure that you understand and are comfortable with their practices concerning your personal information.

Contact Information

If you wish to reach us concerning this Policy or any data that we collected about you when you visited the Site, please email us at [●][2] or write to us at Castle Creek Advisors VIII LLC, 11682 El Camino Real, Suite 320, San Diego, CA 92130, Attn. [●][3].

Governing Law

The laws of the State of Delaware govern this Policy. Any dispute relating to this Policy or your use of the Site shall be resolved solely in the state or federal courts located in San Diego, California. You agree to waive trial by jury in any such action.

LEGAL DISCLAIMER

TERMS OF USE

General

Castle Creek Advisors VIII LLC (together with its investment management and investment advisory affiliates, “Castle Creek” or “we”) is a limited liability company incorporated in the state of Delaware, USA. Castle Creek is an investment adviser registered with the U.S. Securities and Exchange Commission. By accessing or using this website (the “Site”), you accept and agree to comply with the terms and conditions set forth in these Terms of Use (“User Agreement”) without modification. This User Agreement is a legally binding agreement between you and Castle Creek, and governs your access and use of the Site, including any text, information, software, code, trademarks, trade names, service marks, graphics, images, logos, and other materials or content (collectively, the “Content”) available on or through the Site.

Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms, or conditions that govern all or any portion of the Site set forth in the Site. Castle Creek may refuse or revoke your right to access or use all or any portion of the Site at any time and for any reason in Castle Creek’s sole discretion without prior notice.

Castle Creek reserves the right to, and may at any time, discontinue the Site or change, add, or remove the terms and conditions governing your access to and use of the Site. Any modifications to the terms and conditions governing your access to and use of the Site will be effective immediately upon posting unless we indicate otherwise. You are bound by any such modifications and should therefore review the then current User Agreement periodically for changes. You may contact Castle Creek with questions about the terms and conditions of this User Agreement.

PLEASE READ THE TERMS AND CONDITIONS OF THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. YOUR ACCESS AND USE OF THE SITE ARE EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE USER AGREEMENT AND, EACH TIME YOU ACCESS OR USE THE SITE, YOUR ACCESS OR USE INDICATES YOUR FULL, UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, DO NOT ACCESS OR USE THE SITE.

Representations and Warranties

By accessing and using the Site, you represent and warrant to Castle Creek that (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement; (ii) you have not and will not enter into any agreement or perform any act which might contravene the purpose and/or effects of this User Agreement; and (iii) you will not delete or otherwise alter any Content.

Ownership of Site; Copyrights; Trademarks; Proprietary Notices

Castle Creek owns and maintains the Site. The Site and all Content contained within the Site are the property of Castle Creek and are protected by copyright, trademark, and other laws. Except as provided herein, Castle Creek reserves all rights with respect to copyright, service mark, and trademark ownership of all Content contained within the Site, and will enforce such rights to the full extent of the law. These Terms of Use are not intended to, and will not transfer or grant any rights in or to the information on the Site and all such rights are reserved by Castle Creek or the third party providers of such information. No act of downloading or otherwise copying from the Site will transfer title to any software or Content contained within the Site to you. Anything that you transmit to the Site becomes the property of Castle Creek, may be used by Castle Creek for any lawful purpose, and is further subject to disclosure as deemed appropriate by Castle Creek, including to any legal or regulatory authority to which Castle Creek is subject.

Castle Creek grants you a limited right to use of the Site, and you agree to use the Site solely for your own private, noncommercial, informational purposes, and to print pages from the Site only in connection with that use. You may discuss information that you learn from the Site with your financial, legal, or tax advisors, and others with whom you share investment decisions.

You may not modify, distribute, transmit, reproduce, publish, license, broadcast, retransmit, repackage, commercially exploit, create any derivative of, or otherwise redistribute all or any portion of the Site or the Content contained within the Site except as explicitly permitted in this User Agreement or with Castle Creek’s written permission. The copyright, trademark and other proprietary notices or legends on any information downloaded or printed from the Site must be left intact and you are prohibited from removing such proprietary notices or legends contained on (or printed from) the Site or on any other printed pages. In addition, you are not permitted to decompose, decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of the Site.

Linked Sites

Castle Creek has not reviewed the information on any of the sites sponsored or maintained by third parties that is referred to in, or accessible or connected by hyperlink from, the Site and is not responsible for the content thereon or any other matter relating thereto. No representations or guarantees, express or implied, are made by Castle Creek regarding the reliability, accuracy, or completeness of any of the information provided on any website that is referred to in, or accessible or connected by hyperlink from, the Site and Castle Creek will not be liable for any damages, including loss of profits, which may result from reliance on such information. The fact that the link is available on the Site does not constitute an endorsement, authorization, sponsorship or affiliation by Castle Creek with respect to linked site or its owners, or providers. Castle Creek does not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party or available on any website that is referred to in, or accessible or connected by hyperlink from, the Site. Anyone who leaves the Site via a link contained in the Site does so at his/her own risk. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Distribution

The information provided on the Site or in any communication containing a link to the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation or which would require Castle Creek or its affiliates to register within such jurisdiction or country. Castle Creek makes no warranties that the Content of the Site is applicable, appropriate, or available for use in such locations. If it is illegal or prohibited in your jurisdiction or country to access or use the Site, then you should not do so. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable local laws and regulations.

No Reliance, No Solicitation or Recommendation

The information contained on the Site was obtained from various sources that Castle Creek believes to be reliable, but Castle Creek does not guarantee its accuracy or completeness. The information and opinions contained on the Site are subject to change without notice.

The information contained on the Site has been prepared and circulated for general information only and is not intended to and does not provide a recommendation with respect to any security. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, or legal advice. The information on the Site does not take into account the financial position or particular needs or investment objectives of any individual or entity. Users of the Site must make their own determinations of the appropriateness of an investment strategy and an investment in any particular securities based upon the legal, tax and accounting considerations applicable to such users and their own investment objectives. Users of the Site should consult with their own financial, tax, and/or legal advisors regarding their individual circumstances and needs. Users of the Site are cautioned that statements regarding future prospects may not be realized and that past performance is not necessarily indicative of future performance.

NOTHING ON THE SITE CONSTITUTES AN OFFER TO SELL, OR THE SOLICITATION OF ANY OFFER TO BUY, ANY ADVISORY SERVICES, ANY SECURITY, ANY OTHER INSTRUMENT, OR ANY INTEREST IN AN INVESTMENT VEHICLE WHETHER OR NOT MANAGED OR ADVISED BY CASTLE CREEK. ALTHOUGH THE SITE MAY INCLUDE INVESTMENT-RELATED INFORMATION, NOTHING ON THE SITE IS A RECOMMENDATION THAT YOU PURCHASE, SELL, OR HOLD ANY SECURITY, INSTRUMENT, OR OTHER INVESTMENT, OR THAT YOU PURSUE ANY INVESTMENT STYLE OR STRATEGY. ANY OFFER TO SELL, OR SOLICITATION OF AN OFFER TO BUY, A SECURITY ISSUED BY, OR AN INTEREST IN, AN INVESTMENT VEHICLE MANAGED OR ADVISED BY CASTLE CREEK SHALL BE MADE (I) ONLY PURSUANT TO THE OFFERING DOCUMENTS OF SUCH INVESTMENT VEHICLE, WHICH DESCRIBE RISKS RELATED TO AN INVESTMENT IN SUCH VEHICLE AS WELL AS OTHER IMPORTANT INFORMATION ABOUT THE VEHICLE AND ITS SPONSOR; (II) ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER OR SOLICITATION WOULD BE LAWFUL; AND (III) ONLY TO INVESTORS THAT MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS THAT ARE DETERMINED FROM TIME TO TIME BY CASTLE CREEK IN ITS SOLE DISCRETION. THE INFORMATION CONTAINED IN THE SITE IS QUALIFIED IN ITS ENTIRETY BY ALL OF THE INFORMATION SET FORTH IN THE OFFERING DOCUMENTS OF ANY INVESTMENT VEHICLE MANAGED OR ADVISED BY CASTLE CREEK, INCLUDING, BUT NOT LIMITED TO, ALL OF THE CAUTIONARY STATEMENTS THEREIN WHICH DESCRIBE CERTAIN RISKS. THE SITE DOES NOT CONSTITUTE A PART OF ANY OFFERING DOCUMENTS FOR ANY INVESTMENT VEHICLE.

Past Performance

Any performance data or comments expressed on the Site are an indication of past performance. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, and no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment may fluctuate significantly.

Forward-Looking Statements

The site may contain forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Any estimates, projections, predictions, or statements relating to Castle Creek’s investment strategy on the Site are intended to be forward-looking statements. Although Castle Creek believes that the expectations in such forward-looking statements are reasonable, it can give no assurance that any forward-looking statements will prove to be correct. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Castle Creek expressly disclaims any obligation or undertaking to update, review or revise any forward-looking statement contained in the Site to reflect any change in its expectations or any change in circumstances upon which such statement is based, whether as a result of new information, future developments or otherwise. Castle Creek advises all users of the Site that there is a possibility of loss on all investments and investor principal is not guaranteed. The past performance of any investment, investment strategy, or investment style is not indicative of future performance and no performance information provided on the Site, if any, should be used in making investment decisions. You agree that Castle Creek is not responsible or liable for any action that you take or decision you make in reliance on any Content.

Security

Castle Creek makes no warranty, express or implied, regarding the security of the site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by or to you through the Site. Castle Creek has the right, but not the obligation, to monitor and record activity on the Site for any reason or for no reason and to respond as it deems appropriate. We may investigate any complaint or reported violation of our policies and (i) we may report any activity that we suspect may violate any law or regulation to the proper authorities, regulators, or other appropriate persons or (ii) take any other action, including suspending or terminating the violator’s use of the Site, in each case, as we deem appropriate.

Privacy Policy

Please review Castle Creek’s Privacy Policy to learn about our information collection practices and the measures we take to preserve the privacy and security of your information. The Privacy Policy is available on the Site, forms a part of this User Agreement, and is hereby incorporated by reference.

Disclaimer of Warranties

CASTLE CREEK DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM. YOU ACKNOWLEDGE THAT WE PROVIDE THE CONTENTS OF THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, SECURITY, FREEDOM FROM COMPUTER VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, OR NON-INTERRUPTION OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT. YOUR USE OF THE SITE, AND USE OR RELIANCE UPON ANY OF THE INFORMATION ON IT, IS SOLELY AT YOUR OWN RISK.

Disclaimer of Technological Problems

All or any portion of the Site may not be available or not function properly at any time. Castle Creek makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as computer viruses and other harmful components. We take reasonable security precautions when using the Internet, email, or other means of electronic communications, but we disclaim liability for any interception of data or communications by third parties. Accordingly, transmissions to and from the Site or any email address provided on the Site may not be secure and you acknowledge that you are aware that by using the Site and/or any email address provided on the Site you may be subject to security and privacy exploitations, including eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards. Communications to Castle Creek, particularly those containing confidential information, may be sent by mail to: Castle Creek Advisors VIII LLC, 11682 El Camino Real, Suite 320, San Diego, CA 92130, Attention: Chief Compliance Officer. While we take reasonable efforts to ensure that the Site is secure, we do not guarantee the security of the Site. We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site, nor are we liable for any defects, delays, or errors in, or resulting from, your use of the Site.

Liability

CASTLE CREEK’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES, LIABILITY, OR INJURY THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES SHALL CASTLE CREEK NOR ANY OF OUR AGENTS, MEMBERS, OR EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, LIABILITIES OR INJURY, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS OR LOSSES, HOWEVER CAUSED, ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) THE SITE OR THIS USER AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES, LIABILITIES, OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELETION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, OTHER COMPUTER MALFUNCTION, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS. WITHOUT LIMITING THE FOREGOING, UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF CASTLE CREEK, ITS AGENTS, MEMBERS, AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100.

In exchange for using the Site, you agree to indemnify, defend, and hold harmless Castle Creek, our agents, members, and employees from and against any and all suits, claims, losses, demands, liabilities, damages, costs, and expenses (including, but not limited to, attorneys’ fees) that arise from or relate to (i) your use of the Site; (ii) your violation or breach of this User Agreement or any representation, warranty, or covenant made by you in this User Agreement; (iii) your violation of any applicable law, statute, ordinance, regulation, or any third party’s rights; (iv) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants, or other provisions contained in this User Agreement; or (v) any decisions that you make based on the Content of the Site.

Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere in this User Agreement shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.

Governing Law

YOU AGREE THAT YOUR USE OF AND ANY DISPUTES RELATING TO THE SITE OR THIS USER AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY, AND CONSTRUED UNDER, THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CHOICE OF LAW RULES OR PRINCIPLES. ANY DISPUTE ARISING HEREUNDER SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN SAN DIEGO, CALIFORNIA AND IT IS AGREED THAT SUCH COURTS SHALL HAVE JURISDICTION OVER THE PARTIES TO THIS USER AGREEMENT AND ANY DISPUTE ARISING HEREUNDER.

Severability

If any provision of this User Agreement is deemed unlawful, void, invalid, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permitted and will otherwise be severable from this User Agreement and will not affect the validity and enforceability of the remaining provisions.

Entire Agreement

This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and Castle Creek concerning the subject matter hereof.