Terms & Conditions

We reserve the right to withdraw or amend this Site or Materials (defined below) we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the Site, or the entire Site, to users. You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete, and that you have the authority to provide such information to us.

Unless otherwise specified in these Terms, the Site and its entire contents, features, and functionality are owned by CresAlta, our subsidiaries and affiliates, or other providers of such materials. We provide content through the Site that is copyrighted and/or trademarked work of CresAlta or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.

These Terms permit you to use the Site for your personal or internal business use only. You must not reproduce, distribute, modify, copy, create derivative works of, reverse engineer, alter, republish, enhance or in any way exploit any of the Site or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Site’s other users’ intellectual property rights.

If you breach any of these Terms, we may restrict your right to use the Site and you must immediately return or destroy any downloaded or printed Materials. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by CresAlta. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

By accessing or using the Site, you agree that:

• Your use of the Site is subject to and governed by these Terms;
• You will only access or use the Site and transact business with us if you are at least 18 years old;
• You will always act in accordance with the law, custom, and in good faith;
• You will comply with and be bound by these Terms as they appear on the Site each time you access and use the Site; and
• These Terms are a legally binding agreement between you and us that will be enforceable against you.

You further agree to not use the Site in any way that:

• Changes or alters the Site or content or Services that may appear on the Site;
• Impairs in any way the integrity or operation of the Site;
• Interferes with or induces a breach of the contractual relationships between us and our employees;
• Is unlawful or prohibited, or that is harmful or destructive to anyone or their property;
• Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
• Transmits any harmful or disabling computer codes or viruses;
• Harvests email addresses from the Site;
• Transmits unsolicited emails to the Site or to anyone whose email address includes the domain name of the Site;
• Interferes with our network services;
• Attempts to gain unauthorized access to our network services;
• Suggests an express or implied affiliation or relationship with us without our express written permission;
• Impairs or limits our ability to operate the Site or any other person's ability to access and use the Site;
• Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
• Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
• Dilutes or depreciates our or our affiliates' name and reputation;
• Transmits or uploads content or images that infringe upon any third party's intellectual property rights or right to privacy; or
• Unlawfully transmits or uploads any confidential, proprietary or trade secret information.

The above list of prohibited activities is not complete or exclusive. We reserve the right to terminate your ability to use this Site (or the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and/or Materials. We reserve the right to report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about donations, transactional information and other information concerning or related to the Site and/or Materials. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CresAlta or its affiliates. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

This Site may link to other websites that are not controlled or operated by us (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than CresAlta. You further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

The Site is operated from the United States and is intended for U.S. residents only. The Site is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Site, on the Site, or when using any content provided by us, you must obey all applicable U.S. federal, state and local laws.

This Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are 18 years of age or over.

YOUR USE OF THIS SITE, ITS CONTENTS AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENTS, AND ANY SERVICES OBTAINED THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, QUALITY OR OTHERWISE.

By providing any services on the Site, we do not in any way promise that the services will remain available to you. We are entitled to terminate all or part of any of the Site at any time, in our sole discretion without notice to you.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of lost data. TO THE FULLEST EXTENT ALLOWED BY LAW, CRESALTA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. NEITHER CRESALTA OR ANYONE ASSOCIATED WITH CRESALTA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENTS OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

We cannot guarantee the Site will be available 100% of the time because public networks, such as the internet, occasionally experience disruptions. Although we strive to provide the most reliable website reasonably possible, interruptions and delays in accessing the Site are unavoidable and we disclaim any liability for damages resulting from such problems. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CRESALTA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our collection and use of information of you is governed by our Privacy Policy (opens in new window). We encourage you to read through it carefully to better understand what information may be collected and how you can update and manage your information.

No Offer to Sell. Nothing on the Site is an offer to sell securities or a solicitation of an offer to buy securities. Nothing on the Site constitutes advice regarding, or a recommendation of, the purchase or sale of a 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, nor does any information on this Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Although the Site may include investment-related information, nothing on this Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.

Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the mandatory arbitration provision) shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Denver, Colorado.

Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.