Terms, Conditions, and Disclaimers

Introduction

ATTENTION: PLEASE READ THESE TERMS, CONDITIONS, AND DISCLAIMERS ("TERMS") CAREFULLY BEFORE USING THE CREST CAPITAL WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

This Agreement is between Crest Capital (including its affiliates, "Crest Capital", "we", "us" or "our") and you ("User", "you" or "your"). By accessing, browsing, and using this website ("Website"), you acknowledge that you have read, understood, and agreed to comply with these Terms.

By using the Website, you affirm that you are at least 18 years old, or an emancipated minor, or possess legal parental or guardian consent, and are fully competent and legally able to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. If you are under 18 years of age, do not use or access the Website at any time or in any manner.

If you are using the Website on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, do not use the Website.

By using the Website, you also agree to abide by all applicable local, state, national, and international laws and regulations. Unauthorized use of the Website, including, without limitation, unauthorized entry into Crest Capital's systems, misuse of passwords, or misuse of any information posted to the Website, is strictly prohibited.

By using our website and services, you are providing informed consent to the terms of our Privacy Policy and the collection, use, and sharing of personal data as set forth in that policy. Our Privacy Policy can be found here: https://www.crestcapital.com/privacy-policy. If you do not agree with the data practices described in our Privacy Policy, you should not use our websites or services.

Changes to Terms

Crest Capital reserves the right to modify these Terms at any time and without prior notice. Any modifications will be effective upon posting. You must review these Terms regularly. Your continued use of the Website following any modifications indicates your acceptance of the modified Terms.

Access and Use of the Site

By using this Website, you agree to comply with these Terms and any other policies we have in place. If you do not agree with any of these, do not use this Website.

Intellectual Property Rights

All content on this Website, unless otherwise indicated, is the exclusive property of Crest Capital or our content suppliers, and is protected under both United States and international copyright laws. In the event you believe that your copyrighted material has been used on our Website in a manner that constitutes copyright infringement, we urge you to notify us in accordance with the provisions of the Digital Millennium Copyright Act (DMCA). Unauthorized copying, downloading, republishing, distribution, or reproduction of any information contained on this Website is strictly prohibited without the prior written consent of Crest Capital.

All intellectual property displayed or conveyed on this Website, including but not limited to trademarks, service marks, and logos, are the exclusive property of Crest Capital and its affiliates, unless otherwise indicated. Users are granted a limited, non-exclusive, non-transferable license to use the Website, and cannot use, modify, or distribute the Website's content without our express permission. Any unauthorized use of the Website’s intellectual property is strictly prohibited.

User Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Crest Capital on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website shall be and remain Crest Capital's property.

Data Transmission

You understand and acknowledge that the technical processing and transmission of the Website, including your personal data, may involve transmissions over various networks and necessitate changes to conform and adapt to the technical requirements of connecting networks or devices. While Crest Capital takes reasonable measures to protect your data, we cannot guarantee the absolute security of transmitted information. You agree that Crest Capital shall not be held liable for any interception, unauthorized access, loss, alteration, or disclosure of your data. By using the Website, you accept the associated risks and agree that Crest Capital's responsibility is limited to the extent required by applicable law.

Our Website may include links to third-party sites. These are provided for convenience only, and we do not endorse, monitor, or have any control over these sites. Your use of these third-party sites is at your own risk, and we are not responsible for the content or any products or services offered through them.

Products and Services

The products and services described on this Site are available only in jurisdictions where they may be legally provided and not all products or services are available in all geographic areas. Your eligibility for particular products and services is subject to Crest Capital's final determination and acceptance.

Disclaimers

ALL CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CREST CAPITAL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

While Crest Capital strives to provide accurate and up-to-date information on the Website, we do not warrant or guarantee the completeness, reliability, or accuracy of any content, information, or materials provided. The content on the Website may contain typographical errors, inaccuracies, or omissions, and Crest Capital reserves the right to correct any errors or update information at any time without prior notice. We disclaim any liability for such errors or omissions and any reliance placed on the Website's content. You acknowledge that any reliance on the Website's content is at your own risk.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW IN THE STATE OF GEORGIA, NEITHER CREST CAPITAL NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUBCONTRACTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF.

Indemnification

You agree to indemnify, defend, and hold harmless Crest Capital, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your use of the Website (including negligent or wrongful conduct) by you or any other person accessing the Website using your internet account.

Dispute Resolution

In case of any controversy or dispute between Crest Capital and you arising from or in connection with your use of the Website, both parties shall attempt, promptly and in good faith, to resolve the dispute. If the dispute remains unresolved within thirty (30) days, the parties agree to enter into mediation. If mediation fails, the parties agree to binding arbitration administered by a mutually agreed-upon arbitrator, according to the prevailing commercial arbitration rules. All proceedings will take place in the State of Georgia, United States. This provision doesn't prevent either party from seeking injunctive or other equitable relief for matters related to intellectual property rights or unauthorized access to the Website.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law principles. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Entire Agreement

These Terms, along with our Privacy Policy and any other documents expressly referred to in them, constitute the entire Agreement between you and Crest Capital with respect to the Website, and supersede all previous discussions, correspondence, negotiations, previous agreement, understanding, or proposal from earlier dates.

Contact

If you have any questions regarding these Terms, please contact us at contact@crestcapital.com, or send mail to: Crest Capital, Box 88233, Atlanta, GA 30356.

Effective Date

These Terms were last updated on 27th May 2023.

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