Terms of Use

These Terms of Use govern your access to and use of our website and any other online services (collectively, the “Services”) provided by Crescent Cove Advisors, LLC or its legal affiliates (“Crescent Cove,” “we” or “us”), including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user.  

Please read the Terms of Use carefully before you start to use our Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us, meet any eligibility requirements in these terms, and agree to be bound and abide by these Terms of Use and our Online Privacy Policy.  If you do not agree to these Terms of Use and our Online Privacy Policy, or if you violate them in any way, your right to access or use the Services is terminated.

Please see Sections 11 through 13 below regarding restrictions on your legal rights in any dispute involving our Services, Terms of Use or Online Privacy Policy.

We may revise and update these Terms of Use from time to time in our sole discretion.  Where appropriate, we may seek to provide advance notice before updated Terms become effective, but you agree that we may notify you of the updated Terms by posting them on the Services, and your subsequent use of the Services constitutes an agreement to the updated Terms.

  1. PROHIBITED USES

You agree not to use or access any of the Services:

  • In any way that violates any applicable federal, state, local, or international law, rule, or regulation (including, without limitation, any intellectual property laws or laws regarding the export of data or software to and from the US or other countries);
  • To post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, or to create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent;
  • To deceive, exploit, impersonate, attempt to impersonate, or falsely imply that you are associated with us, one of our employees, our URL or domain name, another user, or any other person or entity;
  • Use the Services in any manner that could disable, alter, overburden, damage, or impair them or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm us or users of the Services, including but not limited to use of any worms, viruses, spyware, malware or any other code of a malicious or disruptive nature;
  • To circumvent or disable any content protection system or digital rights management technology used with any Service; decompile or reverse engineer any Services; remove identification, or other proprietary notices; or access or use any Services in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands; and
  • To create accounts or access data (including user information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper.
  1. YOUR RESPONSIBILITIES
  • You are responsible for your use of the Services and may not sell, transfer, license or assign your account or credentials. With the exception of people or businesses that are expressly authorized to create accounts on behalf of a business or clients, you may not create an account for anyone other than yourself.
  • You also represent that all information you provide to us at any time will be true, accurate, current and complete and you will update your information as necessary to maintain its truth and accuracy.  You are responsible for keeping any account credentials secret and secure.
  1. USER CONTRIBUTIONS
  • The Services may facilitate certain user submissions such as communication forms, email subscriptions, and user profiles (collectively, “User Submissions”) through the Services.  
  • You represent and warrant that:
    1. All of your User Submissions do and will comply with these Terms of Use;
    2. You own or control all necessary rights to the User Submissions posted by you through the Services;
    3. You are responsible for any User Submissions you submit and are fully responsible for such materials, including its legality, reliability, accuracy, and appropriateness; and
    4. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Services.
  • You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Submissions that you post through the Services or otherwise provide to us, subject to our Online Privacy Policy.
  • We do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. You agree that we are free to use any content, information, ideas, suggestions, or other materials you send for any purposes whatsoever without any liability or payment of any kind to you.
  1. INTELLECTUAL PROPERTY RIGHTS
  • We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for lawful purposes in accordance with this Terms of Use and our Online Privacy Policy.
  • The Services contain content owned or licensed by us or our licensors, including name, logo, text, images, audio/visual works, icons and scripts (“Content”). The Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us, we own and retain all rights in the Content and Services.
  • You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Content without our prior written permission.
  1. TERMINATION

We have the right to:

  • Modify or terminate access to all or part of the Services for you or anyone else for any reason, without notice, at any time, and without liability to you; and
  • Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  1. LINKING TO THE SERVICES
  • You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
  • The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
  • You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms of Use.
  • We may disable any social media features and any links at any time without notice in our sole discretion.
  1. LINKS ON OUR SERVICES

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. SERVICES CONTENT
  • We may update the content in our Services from time to time, but it will not necessarily be complete or up-to-date. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material.
  • You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  • There may be occasions when the Services are interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
  • We may remove content from the Services for any reason, without prior notice.
  1. REPORTING COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS

We respect the intellectual property rights of others, and we prohibit users of our Services from posting any materials that violate another person’s intellectual property rights. To report any issues or allegations of infringement, please contact us at ir@crescentcove.com or by mail at: 530 Bush Street, Suite 703, San Francisco, CA 94108.

  1. GEOGRAPHIC RESTRICTIONS

We are based in the United States and provide the Services to persons located in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services 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 any lost data.

Violation of these Terms of Use may, in our sole discretion, result in termination of your account. You understand and agree that we cannot and will not be responsible for the content posted on the Services and you use the Services at your own risk.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, CRESCENT COVE OFFERS THE SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (THE “CRESCENT COVE PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOR NEW JERSEY RESIDENTS:  Notwithstanding any term herein, these Terms do not limit your rights or our obligations under any applicable statute or law, including types and amounts of recovery; nor do they excuse us from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct; nor do they disclaim our duty of care to our invitees; nor do they require you to defend and indemnify us in the event that any loss is caused by our negligence.

  1. INDEMNIFICATION

You agree to indemnify and hold harmless the Crescent Cove Parties from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms of Use. You also agree to indemnify and hold harmless the Crescent Cove Parties from and against any and all claims brought by third parties arising out of your use of the Services and the Content you make available via the Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.

  1. GOVERNING LAW AND JURISDICTION

At our sole discretion, You must submit any disputes arising from the use of these Terms of Use or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration located in San Francisco, California under the Rules of Arbitration of the American Arbitration Association, applying California law.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND CRESCENT COVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Crescent Cove agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

  1. WAIVER AND SEVERABILITY

No waiver of by the Crescent Cove of any term or condition set out 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 by us 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. ENTIRE AGREEMENT

The Terms of Use and our Online Privacy Policy constitute the sole and entire agreement between you and Crescent Cove regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

  1. YOUR COMMENTS AND CONCERNS

Please direct questions or concerns regarding these Terms of Use or the Services to us at ir@crescentcove.com or by mail at: 530 Bush Street, Suite 703, San Francisco, CA 94108.

The effective date of these Terms of Use is April 30, 2019.