Please read the following terms and conditions (“Terms”). They govern your use of the crestonecapital.com website, the Crestone Capital Client Portal, the Crestone app, and any other Crestone digital app, and the website’s and apps’ associated services, including email newsletters, associated content distribution platforms, and public Crestone Capital LLC and its affiliates’ online social media accounts (collectively, the “Services”). Collectively, Crestone Capital LLC and its affiliates are referred to herein as “Crestone,” or as “we” or “us.” By using the Services, you agree to be bound by these Terms. We may update these Terms from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. If you use the Services after any changes to the Terms have been posted, that means you agree to all of the changes. We suggest that you review these Terms periodically for changes.
Except as otherwise noted on the Services, all content and material on the Services — including information, photos, podcasts, blog posts, audio content, videos, graphics/charts, images, icons, code, design, and overall appearance — are the property of Crestone and should not be used, modified, or reproduced without our prior written consent. All trademarks, trade names, and logos displayed on the Services are the property of Crestone, its affiliates, or their respective third-party owners, and the Services grant you no license to them. “CRESTONE” is a registered trademark in the United States and may not be used without the prior written permission of Crestone. We reserve all rights to remove or otherwise modify any content in the Services.
You may not use any of the Services in any manner that violates any applicable state, federal, or foreign law. You may not interfere with or attempt to interfere with the working or functionality of any of the Services.
Crestone is an investment adviser registered with the Securities and Exchange Commission. The Services are intended solely to provide general information about Crestone, its services to clients, and its people, as well as providing portfolio and account information to existing clients. Nothing in the Services is directed at nor should be relied upon by any investors or prospective investors in any vehicle managed by Crestone, or services provided by Crestone. Crestone does not intend to solicit or make its investment advisory services available to the general public.
Under no circumstances should any information provided in the Services be considered as an offer soliciting the purchase or sale of any security or interest in any pooled investment vehicle sponsored, discussed, or mentioned by Crestone nor should it be construed as an offer to provide investment advisory services. Such offers or solicitations will be made separately and only by means of the confidential offering documents of the specific access vehicles which should be read in their entirety, and only to those who, among other requirements, meet certain qualifications under federal securities laws. Such investors, defined as accredited investors and qualified purchasers, are generally deemed capable of evaluating the merits and risks of prospective investments and financial matters. There can be no assurances that Crestone’s investment objectives will be achieved or investment strategies will be successful. Any investment in a vehicle managed by Crestone involves a high degree of risk including the risk that the entire amount invested is lost.
Any opinions expressed in the Services reflect Crestone’s views or those of individual posters, and are subject to change. Certain information contained in the Services has been obtained from third-party sources. While taken from sources believed to be reliable, Crestone has not independently verified such information and makes no representations about the enduring accuracy of the information or its appropriateness for a given situation. The discussions and opinions expressed herein are not intended to provide investment, accounting, tax, or legal advice. Nothing in the Services is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. The content of the crestonecapital.com website, the Crestone Capital Client Portal, the digital app, and the other Services are presented on an “as is” basis with no warranties, express or implied, of any kind with respect to the Services. Crestone does not warrant that the website, Crestone Capital Client Portal, digital app, or any other of the Services will be error free, the defects will be corrected, or free from viruses or other harmful components. Crestone does not warrant that the content on the website, Crestone Capital Client Portal, digital app, or any other of the Services will be accurate or reliable. By accessing the Services, you assume full responsibility for any consequences.
Certain statements that individual personnel make may constitute “forward-looking statements” under the Privacy Securities Litigation Reform Act of 1995. To the extent any information herein constitutes forward-looking statements (which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “plan,” “seek,” “anticipation,” “upside,” “potential,” “project,” “estimate,” “intend,” “forecast,” “target” or “believe” or comparable terminology), please note that, due to various risks and uncertainties, actual events, results, or performance may differ materially from those reflected or contemplated in such statements. Forward-looking statements are not guarantees and involve risks, uncertainties, and assumptions. Crestone expressly disclaims any obligation to update any forward-looking statement in the event it later turns out to be inaccurate — whether as a result of new information, future events, or otherwise. Any projections, estimates, forecasts, targets, prospects and/or opinions expressed in these materials are subject to change without notice and may differ or be contrary to opinions expressed by others.
Past results of Crestone’s access vehicles, investments, or investment strategies are not necessarily indicative of future results.
Registration with the SEC does not imply a certain level of skill or training. Additional important information about Crestone, including the Form ADV Part 2A Brochure of Crestone Asset Management LLC, is available at the SEC’s website, http://www.adviserinfo.sec.gov.
The Services may link to or integrate with other websites operated or content provided by third parties, and such other websites may link to the crestonecapital.com website and the Crestone digital app. Crestone has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such link does not constitute an endorsement of such websites, the content of the websites, or the operators of the websites. Crestone is providing these links to you only as a convenience. You release and hold Crestone harmless from any and all liability arising from your use of any third-party website or service.
You are responsible for all information, content, and materials you contribute, disclose, or share in any manner on or through the Services and you represent and warrant you have all rights necessary to do so. You are responsible for all your activity in connection with the Services.
Nothing on the Services constitutes professional or financial advice of any kind (including business, employment, investment advisory, accounting, tax, and/or legal advice). Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance. Nothing on the Services constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in connection with, any contract or commitment whatsoever.
You acknowledge and agree that neither Crestone nor any other person (including, without limitation, any affiliate of Crestone) is in any way obligated to invest in any business you are associated with or offer you to invest in any Crestone entity or affiliate.
THE SERVICES AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER CRESTONE NOR ANY OF ITS AFFILIATES IS PROVIDING ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES. CRESTONE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CRESTONE AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS, LIMITATIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES, DEFECTS, HARMFUL ELEMENTS, INABILITY TO ACCESS, OR OTHER PROBLEMS ON OR WITHIN THE SERVICES INCLUDING THOSE ARISING OUT OF YOUR USE OF THE SERVICES. CRESTONE AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SERVICES AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.
To the fullest extent allowed by applicable law, under no circumstances and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise, will Crestone or its affiliates be liable to you or any other person for (i) any amount in excess of $100 or (ii) any consequential, incidental, special, punitive, or exemplary damages, regardless of whether Crestone or its affiliates have been apprised of the likelihood of such damages occurring.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Crestone, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), and (b) your violation of these Terms.
You and Crestone agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Crestone and supersede all prior agreements and understandings relating to such subject matter. These Terms are governed by and will be construed under the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Any disputes relating to these Terms shall be resolved exclusively in the state courts located in Boulder County, Colorado or Federal courts located in the City and County of Denver, Colorado. These Terms are binding on you as well as your successors and permitted assigns. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
Changes to the Terms
Date of Latest Update: October 2, 2023