Terms and Conditions of Use

Use of the Site.  This website (the “Site”) is provided by the Black Creek Group and its affiliates (collectively, “Black Creek”).  These Terms and Conditions of Use (these “Terms“) govern your access and use of the Site (which includes, without limitation, your use of any content and information available on or through the Site).  By using thE Site, you aRE STATING that you have read and understand, and agree to be bound by, these Terms.  If you do not agree to these Terms, you are not permitted to use the Site.

Updates to the Site and Terms.  Black Creek reserves the right, at its sole discretion, to change, modify, add, or delete all, or portions of, the Site or these Terms at any time.  Your continued use of the Site 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 Site.

Authorized Use.  In accessing or using the Site, you agree not to: (a) use the Site in violation of these Terms or any statute, regulation, order, rule, or other law; (b) interfere with, disrupt, or violate the security of, the Site 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) remove any notices, warnings, disclaimers, labels, annotations, or instructions from any portion of the Site or related material; (f) reverse engineer, decompile, or disassemble the Site or any software underlying the Site; (g) transmit any unsolicited or unauthorized advertising or promotional materials; or (h) transmit any material that contains adware, malware, spyware, software viruses, or any other harmful or malicious code.

Ownership of Content.  All content on or available through the Site, including but not limited to designs, text, images, graphics, logos, trademarks, trade dress, pictures, video, audio, information, applications, and software, is the proprietary property of Black Creek.  You may use the Site and any such content only for your personal, non-commercial purposes.  You may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, 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.

Informational Purposes Only.  All content on the Site is for informational purposes only.  Nothing on the Site is an offer or solicitation to buy or sell, or a recommendation for, any security or any other product or service, and Black Creek is not soliciting any action based on the Site.  Nothing on the Site is a recommendation that you purchase, sell, or hold any security, or that you pursue any investment style or strategy.  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.

Materials to be Reviewed in their Entirety.  All materials on the Site 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 Site 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 Site, whether as a result of new information, future developments, or otherwise.  Opinions and any other contents on the Site 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 Site obtained outside of Black Creek.

Forward Looking Statements.  Certain information on the Site 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.

No Investment Advice.  Black Creek is not utilizing the Site to provide investment or other advice, and no information or material on the Site is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. In addition, no information, content or other materials contained on the Site 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 Site 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.

Third Party Content and Linked Sites.  On the Site, we may make reference to names, marks, products, or services of third parties, or hypertext links to third party sites or materials or information provided by third parties (collectively, “Third Party Content”).  No such references to Third Party Content constitute or imply 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 Site, you expressly agree that such use is at your sole risk.  The Site is 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.  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.

Governing Law.  By accessing or using the Site, 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.

Miscellaneous.  These Terms constitute the entire agreement between you and Black Creek regarding the access and use of the Site, superseding any prior agreements relating to your access or use of the Site.  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 info@blackcreekgroup.com or Black Creek Group, 518 17th Street, 17th Floor, Denver, CO 80202.