Terms of Use

Last Updated: November 13, 2024

1. Introduction

ATTENTION: PLEASE READ THESE TERMS, CONDITIONS, AND DISCLAIMERS (these "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.

2. Commercial Use Only

Crest Capital's services, including all Website features, tools, applications, and content, are exclusively for businesses and commercial entities operating within the United States. Any access or use for personal, family, household, or non-commercial purposes is strictly prohibited. We disclaim any responsibility or liability arising from non-commercial use.

This Website, including all content, tools, and services, is strictly intended for access and use by verified commercial businesses in the United States only. Any individual or entity that is not a commercial business is prohibited from accessing or using this Website.

We reserve the right to determine, in our sole discretion, whether any use constitutes commercial use. We may require verification of commercial status at any time.

By using this Website, you affirm and warrant that you are accessing it solely on behalf of a commercial business entity within the United States, and not for personal, family, or household purposes.

3. User Representations and Warranties

By using the Website, you represent and warrant that:

You are at least 18 years old, or an emancipated minor, or possess legal parental or guardian consent.
You are fully competent and legally able to enter into these Terms.
You have the authority to bind any business entity on whose behalf you use the Website.
You expressly affirm that the entity you represent is a commercial business, and any use outside of this scope is unauthorized and in violation of these Terms.
You will abide by all applicable local, state, and national laws and regulations.
You will not engage in unauthorized use of the Website, including unauthorized system access or password misuse.
You accept all risks associated with your use of the Website.
You have read and agree to comply with our Privacy Policy.
You will maintain the confidentiality of your account credentials.
You are solely responsible for maintaining the confidentiality and security of your account credentials and are fully liable for all activities that occur under your account.
You will provide accurate and complete information to us and promptly notify us of any unauthorized use of your account.

4. Electronic Communications

By using our Website, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

5. Changes to Terms

We reserve the right to modify these Terms at any time without prior notice. Any modifications will be effective immediately upon posting to the Website. It is your responsibility to review these Terms regularly. Your continued use of this Website signifies your ongoing affirmation that you represent a commercial business and agree to these Terms in that capacity.

6. Intellectual Property Rights

6.1 Ownership

All content on this Website, unless otherwise indicated, is the exclusive property of Crest Capital or our content suppliers and is protected under United States copyright laws. 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.

6.2 Limited License

Users are granted a limited, non-exclusive, non-transferable license to use the Website for legitimate business purposes. This license is granted exclusively to verified commercial business entities for legitimate commercial use within the United States. Any personal, non-commercial, or non-business use is unauthorized and strictly prohibited.

You may not:

Copy, modify, or create derivative works.
Reverse engineer or decompile.
Remove or alter any copyright notices.
Transfer or sublicense access.
Use for any unauthorized commercial purpose.
Reproduce, distribute, or exploit any Website content.
Frame or mirror any portion of the Website.
Access the Website through automated means.
Use data mining, robots, or similar data gathering tools.
Circumvent security features.

6.3 Copyright Infringement

If you believe your copyrighted material has been used inappropriately, notify us according to the Digital Millennium Copyright Act (DMCA) procedures. Contact information is provided in Section 23.

7. User Submissions

By submitting content to us, you automatically grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit such content in connection with our business operations.

Crest Capital disclaims all responsibility for user-generated content submitted to the Website. Users are solely responsible for ensuring that their submissions comply with applicable laws and do not infringe third-party rights.

We have no duty to monitor user submissions or activity on the Website but reserve the right to do so at our discretion.

8. Data Security and Transmission

You understand and acknowledge that the technical processing and transmission of the Website, including your data, may involve:

Transmissions over various networks.
Changes to conform with technical requirements.
Risk of unauthorized access or interception.
Storage on our servers or those of our service providers.
Processing by authorized personnel.
Geographic transfer of data.
Backup and archival storage.

We may store and process data in any jurisdiction where we maintain facilities. Retention periods are determined at our sole discretion. We also reserve the right to aggregate and anonymize data.

While we implement reasonable security measures, no data transmission or storage system can be guaranteed to be 100% secure. You expressly agree to assume the risk for any damage that may arise from your use of our Website and services.

9. Third-Party Links and Services

Our Website may include links to third-party sites. These are provided for convenience only. We:

Do not endorse or monitor third-party content.
Have no control over third-party sites.
Are not responsible for third-party services.
Disclaim all liability for third-party content.
Recommend reviewing third-party terms and privacy policies.
Make no representations about third-party content accuracy.
Are not responsible for any products or services offered by third parties.
Are not liable for any transactions or agreements made with third parties accessed through links on our Website. Such transactions are solely between you and the third party.

10. Products and Services

The products and services described on this Website are:

Available only to verified commercial businesses in jurisdictions where legally permitted.
Subject to our final determination and acceptance.
Not available in all geographic areas.
Subject to change without notice.
Void where prohibited by law.
Not an offer or solicitation where prohibited.
Subject to additional terms and conditions.

We make no guarantees about the continued availability of any products or services and reserve the right to modify, suspend, or discontinue any aspect of our Website or services without prior notice or liability. Past performance does not guarantee future results. No fiduciary relationship is created, and the information provided is not legal, tax, or investment advice.

11. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

Acts of God, natural disasters, or extreme weather.
War, terrorism, civil unrest, or government actions.
Pandemics, epidemics, or public health emergencies.
System failures, power outages, or cyber attacks.
Network or telecommunications failures.
Labor disputes or strikes.
Changes in laws or regulations.
Supply chain disruptions.
Financial market disruptions.
Actions of third-party service providers.

12. 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:

Merchantability.
Fitness for a particular purpose.
Non-infringement.
Accuracy or completeness of content.
System security or reliability.
Error-free or uninterrupted operation.
Compatibility with your equipment or software.
Virus-free or malware-free content.
Meeting your specific requirements.
Timeliness of information.
Availability of the Website.

The content may contain errors, omissions, or inaccuracies. We may make changes at any time without notice.

13. Limitation of Liability

TO THE MAXIMUM 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 DAMAGES ARISING FROM:

Service failures or interruptions.
Data loss or corruption.
Unauthorized access to or alteration of data.
Errors, mistakes, or inaccuracies in content.
Malware, viruses, or other malicious code.
Your reliance on the Website content.
Any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits.
The cost of substitute services or products.
Loss of use, data, or business opportunities.
Personal injury or property damage.
Any unauthorized access to our servers.
Any interruption or cessation of transmission to or from the Website.
Any bugs, viruses, or other harmful code transmitted through the Website.
Actions of third-party providers, advertisers, or linked websites.
Any failure to meet your business requirements or expectations.
Any decisions made in reliance on Website information or services.

By using this Website, you expressly waive any claims to damages not directly related to verified commercial business activities.

14. 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:

Your violation of these Terms.
Your use of the Website.
Any activity related to your account.
Any claims by third parties arising from your actions.
Your violation of any law or regulation.
Your infringement of any intellectual property rights.
Your submission of any content.
Your violation of any third-party rights.
Your negligent or willful misconduct.
All costs of investigating, defending, or resolving any claim.
Any costs and liabilities related to regulatory compliance arising from your actions.
Any misuse or misrepresentation of your business status or authority.

15. Dispute Resolution

15.1 Initial Resolution

In case of any controversy or dispute, parties shall attempt good faith resolution within thirty (30) days.

15.2 Mandatory Arbitration

If unresolved, all disputes shall be settled by binding arbitration:

Administered by the American Arbitration Association.
Conducted in Atlanta, Georgia.
According to commercial arbitration rules.
On an individual basis only.
Not as a class, consolidated, or representative action.
With confidential proceedings.
By a single arbitrator.
In the English language.

15.3 Class Action Waiver

YOU AND CREST CAPITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY IN YOUR CAPACITY AS A REPRESENTATIVE OF A COMMERCIAL BUSINESS ENTITY, AND NOT AS AN INDIVIDUAL CONSUMER.

15.4 Injunctive Relief Exception

Nothing prevents either party from seeking injunctive relief in any court of competent jurisdiction to prevent imminent harm or address intellectual property infringement.

16. Termination

Crest Capital reserves the right, in its sole discretion, to terminate your access to the Website or any services, without notice, if you violate these Terms or engage in conduct deemed harmful to Crest Capital or other users. Any unauthorized use or violation of these Terms will automatically result in termination of your right to access the Website.

17. 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. You agree to the exclusive jurisdiction of Georgia courts for any disputes not subject to arbitration.

18. Time Limitation

Any cause of action arising from the Website must commence within one (1) year after accrual. Otherwise, such action is permanently barred.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

20. Privacy Policy

Your use of the Website is also governed by our Privacy Policy. This Privacy Policy applies exclusively to information provided by commercial business entities and their representatives.

21. Entire Agreement

These Terms, along with our Privacy Policy and any other referenced documents, constitute the entire agreement regarding the Website and supersede all previous discussions, correspondence, negotiations, agreements, understandings, or proposals.

22. Assignment

We may assign our rights and obligations under these Terms without notice. You may not assign your rights under these Terms without our prior written consent.

23. Contact Information

For questions regarding these Terms:

Crest Capital
Box 88233
Atlanta, GA 30356
Email: info@crestcapital.com
Tel: (800) 245-1213

Effective Date: November 13, 2024