Updates to the Sites and Terms. Black Creek reserves the right, at its sole discretion, to change, modify, add, or delete all, or portions of, the Sites or these Terms at any time. Your continued use of the Sites after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not access or use (or continue to access or use) the Sites.
Authorized Use. In accessing or using the Sites, you agree not to: (a) use the Sites in violation of these Terms or any statute, regulation, order, rule, or other law; (b) interfere with, disrupt, or violate the security of, the Sites or any networks or equipment used by Black Creek; (c) access data or information not intended for you; (d) misrepresent your identity or provide untruthful or inaccurate information; (e) use the Sites to commit fraud or engage in other misleading or deceptive activities; (f) remove any notices, warnings, disclaimers, labels, annotations, or instructions from any portion of the Sites or related material; (g) reverse engineer, decompile, or disassemble the Sites or any software underlying the Sites (except to the extent this restriction is prohibited by applicable law); (h) transmit any unsolicited or unauthorized advertising or promotional materials; or (i) transmit any material that contains adware, malware, spyware, software viruses, or any other harmful or malicious code.
Password Protection and Security. Certain portions of the Sites may allow you, after inputting appropriate credentials, to access materials, subscribe to alerts, download reports, download forms, and otherwise obtain information and content from Black Creek. Access to and use of password protected and/or secure areas of the Sites are restricted to authorized users only. You may not violate the security of all or any portion of the Sites, including without limitation obtaining or attempt to obtain unauthorized access to such parts of the Sites, or to any other protected materials or information, through any means not intentionally made available by us for your specific use. You are responsible for all activities that occur using your login credentials. We reserve the right to require you to change your login credentials if we believe they are no longer secure. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.
Ownership of Content. All content on or available through the Sites, including but not limited to reports, documents, designs, text, images, graphics, logos, trademarks, trade dress, pictures, video, audio, information, applications, and software, is the proprietary property of Black Creek. You may only use the Sites and any content on the Sites for legitimate business purposes arising from your relationship with Black Creek. You may not modify, copy, distribute, frame, reproduce, republish, create derivative works from, download, display, perform, post, transmit, transfer, license, or sell, in any form or by any means, in whole or in part, any such content without Black Creek’s prior written permission unless otherwise noted. No right, title, or interest in any such content will be transferred to you under any circumstances.
Materials to be Reviewed in their Entirety. All materials on the Sites are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures. Any disclaimers, restrictions, disclosures, or notices apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult, print, or download.
Accuracy not Assured. The content on the Sites is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. Black Creek undertakes no obligation to update publicly or revise any information on the Sites, whether as a result of new information, future developments, or otherwise. Opinions and any other contents on the Sites are subject to change without notice. While Black Creek uses reasonable efforts to obtain information from reliable sources, Black Creek makes no representations or warranties as to the accuracy, reliability, or completeness of any information or document on the Sites obtained outside of Black Creek.
Forward Looking Statements. Certain information on the Sites may contain forward-looking statements, which reflect Black Creek’s views with respect to, among other things, Black Creek’s operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from this indicated in these statements.
Informational Purposes Only / No Investment Advice. Black Creek is not utilizing the Sites to provide investment or other advice, and no information or material on the Sites is to be deemed a recommendation to buy or sell, an offer or solicitation to buy or sell, or a recommendation for, any security or any other product or service. All content on the Sites is for informational purposes only and is not to be relied upon for the purpose of making or communicating investment or other decisions. Nothing on the Sites is a recommendation that you purchase, sell, or hold any security, or that you pursue any investment style or strategy and Black Creek is not soliciting any action based on the Sites. In addition, no information, content or other materials contained on the Sites should be construed or relied upon as investment, legal, accounting, tax, or other professional advice or in connection with any offer or sale of securities. Any transactions listed on the Sites are included as representative transactions and are not necessarily reflective of overall performance.
Past Performance. Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Data Transmission. You are responsible for obtaining your own hardware, software, and services (such as computers, web browsers, and Internet access service) necessary to access and use the Sites. You agree to use software produced by third parties, including browser software that supports a data security protocol compatible with the protocol used by us, and to follow our log-on procedures for the Sites that support such protocols. You acknowledge that we are not responsible for notifying you of any upgrades, fixes, or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. You acknowledge that we cannot guarantee that data, including e-mail, electronic communications, and personal financial data will not be accessed by unauthorized third parties when communicated between you and us using the Internet or any other electronic means.
Third Party Content and Linked Sites. On the Sites, we may make reference to names, marks, products, or services of third parties, provide materials or information provided by third parties, or provide hypertext links to third party sites or materials or information provided by third parties (collectively, “Third Party Content”). No such references to or provision of Third Party Content constitutes or implies any endorsement, sponsorship, or recommendation of such Third Party Content (or any third party supplying such Third Party Content) by Black Creek, and Black Creek is not responsible for the practices or policies of any such third parties, nor any Third Party Content. Your use of any Third Party Content is entirely at your own risk.
No Warranty; Limitations of Liability. By using the Sites, you expressly agree that such use is at your sole risk. The Sites ARE provided on an “as is” basis. WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SITE OR THE CONTENT AVAILABLE ON IT (WHICH INCLUDES, WITHOUT LIMITATION, ANY THIRD PARTY CONTENT), INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE ALSO DO NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS, USEFULNESS, RELIABILITY, TIMELINESS, OR AVAILABILITY OF, OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF, the SITEs, ANY INFORMATION OR OTHER CONTENT ON the SITES. WE FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, THE SITES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLACK CREEK DISCLAIMS ALL EQUITABLE INDEMNITIES. To the fullest extent permitted under applicable law, in no event will Black Creek or any of its officers, directors, employees, agents, MANAGERS, MEMBERS, SHAREHOLDERS, PARTNERS, or AFFILIATES be liable under any theory of liability (whether in contract, tort, NEGLIGENCE, STRICT LIABILITY, or otherwise) for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages (even if Black Creek was advised of, knew of, or should have known of, the possibility of such damages). should BLACK CREEK OR ANY OF THE ABOVE PERSONS NEVERTHELESS BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY RELATING TO THE SITE OR ANY CONTENT ON IT, SUCH LIABILITY WILL NOT EXCEED $100.00 in the aggregate.
Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Reserved Rights. We reserve the right to refuse access, terminate accounts, remove or change content, services, or functionality, or modify or discontinue any portion of the Sites in our sole discretion. We may terminate, suspend, or modify your access to all or part of the Sites, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or is otherwise harmful to the interests of us, any other user of the Sites, or any third party. We reserve the right to establish practices and/or limits in connection with your use of the Sites.
U.S. Access Only. The Sites are intended for residents of the United States only. If you choose to access the Sites from locations outside of the United States, you do so at your own initiative and risk, and are responsible for compliance with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws.
Governing Law. By accessing or using the Sites, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Black Creek. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado. ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BLACK CREEK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Electronic Communications Notice. When you use the Sites or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable portions of the Sites. You may update your information for notice purposes by logging in to your account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate your account (if any) and you may not use the Sites.
Miscellaneous. These Terms constitute the entire agreement between you and Black Creek regarding the access and use of the Sites, superseding any prior agreements relating to your access or use of the Sites. Any failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.
Contacting Us. If you have any questions about these Terms, you may contact us at [email protected], 303-228-2200, or Black Creek Group, 518 17th Street, 17th Floor, Denver, CO 80202.