Terms of Use

 

These Terms of Use are entered into by and between you, the user, (“You”) and Creemore Advisors, LLC (“Creemore,” “We,” or “Us”) and govern your use of creemoregroup.com, any subdomains of creemoregroup.com, and any other website pages on which services are provided by Us (collectively, the “Website”). By using the Website, You, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Website (your “Company”), agree to these Terms of Use. If you do not agree to these Terms, you are not authorized to use the Website. The Terms of Use and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Website.

 

  1. Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.  

 

  1. Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

 

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). 

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Creemore or users of the Website or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.

  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any device, software or routine that interferes with the proper working of the Website.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

 

  1. Intellectual Property Rights

 

The Website and all content, features, and functionality thereon, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Creemore, its affiliated entities, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

 

You may use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, modify copies of any materials from the Website, or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

 

No right, title or interest in or to the content of the Website is transferred to you, and all rights not expressly granted are reserved by Creemore. Any use of the Website not expressly permitted by this Agreement is a breach hereof and may violate copyright, trademark and other laws.

 

Creemore Advisors, LLC and the terms CREEMORE, the Creemore logo, and all related names, logos, product and service names, designs, and slogans on the Website are trademarks and trade names of Creemore or its affiliated entities or licensors. You must not use such marks without the prior written permission of Creemore. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

 

  1. Information, News and Press Releases

 

The Website may contain information, news and/or press releases about Creemore. While this information was believed to be accurate as of the date it was prepared, Creemore disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than Creemore contained in the news, press releases or otherwise should not be relied upon as being provided or endorsed by Creemore.

 

  1. Links to Third-Party Advertisers and Websites

 

The Website may include advertisements or links to third party websites. The inclusion of any such advertisements or link does not imply that Creemore endorses or has any control over those third party sites. Creemore is not responsible for any content on any such linked site. If you access a third party site from the Website, you do so at your own risk.

 

  1. Disclaimer of Warranties, Limitation of Liability and Indemnification

 

Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Website. However, it is possible that information contained or made available on the Website may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Website will be uninterrupted or error free or that the Website, or sites to which it may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. 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 sites for any reconstruction of any lost data.

 

If you notice any errors or omissions in the information contained on the Website or other concerns, please report them to us for investigation.

 

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. CREEMORE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. CREEMORE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES. 

 

YOU FURTHER ACKNOWLEDGE THAT NOTHING CONTAINED ON THIS WEBSITE CONSTITUTES BUSINESS, FINANCIAL, INVESTMENT, TRADING, REGULATORY, ACCOUNTING, LEGAL, TAX OR OTHER ADVICE, NOR IS IT TO BE RELIED UPON IN MAKING ANY INVESTMENT OR OTHER DECISIONS. YOU SHOULD SEEK PROFESSIONAL ADVICE PRIOR TO MAKING ANY INVESTMENT DECISIONS.

 

Limitation of Liability. CREEMORE AND ANY AND ALL OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “CREEMORE PARTIES”) SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT PROVIDED ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION PROVIDED ON THE WEBSITE OR YOUR PROVISION OF INFORMATION TO THE WEBSITE, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY THE CREEMORE PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW. 

 

Indemnification. You agree to defend, indemnify and hold harmless the Creemore Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website content other than as expressly authorized in these Terms of Use, your violation of the rights of a third party, or any negligent acts, fraud, omissions or intentional wrongdoing by you. 

 

The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.

 

  1. Governing Law / Jurisdiction

 

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with United States Federal law, where applicable, and the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction) that would require the application of a different state’s law.

 

  1. Waiver and Severability

 

No waiver by Creemore of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Creemore to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

  1. ACKNOWLEDGEMENT

 

BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY.

 

Last updated: July 10, 2020