Terms of use
Welcome to Creation Capital Management (“Creation Capital,” “we,” “us,” or “our”). By accessing or using our website at https://www.creationcm.com (the “Site”), you agree to comply with and be bound by these Terms of Use (“Terms”). Please read these Terms carefully before using the Site.
1. Acceptance Of Terms
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Site.
2. Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use this Site. By using the Site, you represent and warrant that you meet these requirements. Certain areas of the Site, materials, or opportunities may be restricted to persons who qualify as “accredited investors” or “qualified purchasers” as defined under applicable securities laws, and access to those areas may require additional verification.
3. Permitted Use
You may use the Site solely for your personal, informational, non-commercial purposes and in compliance with all applicable laws and these Terms. The Site provides general information about Creation Capital Management, including our investment approach, strategies, team, and firm activities.
4. No Investment Advice; No Offer or Solicitation
The content on the Site is provided for general informational purposes only and does not constitute investment, legal, tax, or accounting advice, and should not be relied upon as such. Nothing on the Site is a recommendation to buy, sell, or hold any security or to pursue any investment strategy.
The Site does not constitute an offer to sell, or the solicitation of an offer to buy, any security or interest in any fund, vehicle, or investment product, and no such offer or solicitation will be made except by means of definitive offering documents that contain material information not found on the Site. Any offer or solicitation will be made only to qualified investors, in jurisdictions where lawful, and pursuant to those documents. You should consult your own advisors before making any investment decision.
5. Forward-Looking Statements and Performance Information
The Site may contain forward-looking statements, projections, targets, or opinions regarding markets, assets, or strategies. These are based on assumptions and information available at the time and are subject to change without notice. Actual results may differ materially. Any performance information presented is historical, may be unaudited or preliminary, and past performance is not indicative and is no guarantee of future results. All investments involve risk, including the possible loss of principal.
6. Prohibited Conduct
You agree not to:
Use the Site for any unlawful purpose;
Violate or infringe the rights of others, including privacy, publicity, or intellectual property rights;
Post or transmit any harmful, offensive, or inappropriate content;
Attempt to gain unauthorized access to the Site or its systems;
Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
Use any robot, scraper, crawler, or other automated means to access, monitor, or copy the Site or its content, or use Site content to train machine learning or artificial intelligence models, without our express written permission;
Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Site;
Build a competitive product or service using the Site, build a product or service using similar ideas, features, functions, or graphics as the Site;
Misrepresent your identity, investor status, or affiliation with any person or entity;
Interfere with the operation or security of the Site.
7. Intellectual Property
All content on the Site, including text, images, graphics, logos, trademarks, and software (collectively “Content”) is the property of Creation Capital Management or its licensors and is protected by intellectual property laws. All intellectual property rights associated with the Content, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Site. Any rights not expressly granted herein are reserved. You may not reproduce, distribute, modify, or create derivative works from any Content without our express written permission.
8. Third-Party Links and Content
The Site may contain links to third-party websites, publications, or resources. We are not responsible for the content or practices of those sites and encourage you to review their terms and policies. Any information, statements, opinions, or other information provided by third-parties and made available on the Site are those of the respective author(s) and not us. Third-party information appearing on the Site is believed to be from reliable sources, but we do not guarantee its accuracy or completeness.
We may provide on the Site, solely as a convenience to users, links to websites, social media pages, or other services operated by other entities. If you click these links, you will leave the Site. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites, services, or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website or service is authorized to use any of our trademarks, logos, or copyright symbols.
9. Disclaimer of Warranties
The Site is provided “as is” and “as available” without warranties of any kind, express or implied. We do not warrant that the Site will be error-free or uninterrupted, or that the information on it is accurate, complete, or current. To the fullest extent possible under applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
10. Limitation of Liability
To the fullest extent permitted by law, Creation Capital Management and its affiliates (collectively “Releasees”) will not be liable for any damages of any kind arising from or relating to your use of or inability to use the Site, these Terms, or from your reliance on any information contained on the Site.
Releasees will also not be liable for any indirect, special, incidental, exemplary, punitive, or consequential damages or any loss of data or profits, even if we have been advised of the possibility of such damages. Releasees also shall not have any liability or responsibility for any acts, omissions, or conduct of any user or other third-party.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation may not apply to you.
Regardless of the previous sentence, if we are found to be liable, our liability to you or any third-party is limited to the greater of the actual total amount received by us from you in the six (6) months preceding the claim, or the lowest liability limitation allowed by applicable law.
11. Indemnification
To the fullest extent permitted by law, Creation Capital Management and its affiliates will not be liable for any damages arising from your use of or inability to use the Site, or from your reliance on any information contained on the Site.
12. Changes to These Terms
We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. When changes are made to these Terms, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review these Terms. If you do not agree to these Terms as modified, then you must discontinue your use of the Site. Your continued use of the Site after changes constitutes acceptance of the new Terms. We will make reasonable efforts to notify you of material changes to these Terms. Such efforts might include posting notice on the Site.
13. Consent to Communication
When you use the Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
14. Assignment
We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.
15. Severability
If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.
16. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising from these Terms or the Site will be resolved in the courts located in Dallas County, Texas.
17. Contact Us
If you have any questions about these Terms, please contact us at the contact information provided on the Site.