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