INTRODUCTION
Please read these Terms of Use (the “Terms”) carefully before using the cottonwoodmgmt.com website (the “Website”) operated by Cottonwood Management, LLC and its affiliates (“Cottonwood”).
These Terms apply to anyone who wishes to access or use the Website. Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any of these Terms then you may not access or use the Website.
SECURITIES DISCLAIMER
The website is not an offer to sell securities or the solicitation of an offer to purchase securities. No warranty is given as to its completeness or accuracy. The website reflects the views and opinions of Cottonwood, which while given in good faith, are subject to change without notice.
Past performance is not indicative of future results nor does past performance guarantee future performance.
The website may contain information that constitutes “forward-looking statements” identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “estimate,” “intend” or comparable terminology. Actual events or results may differ materially from those reflected or contemplated in such forward-looking statements. Cottonwood undertakes no obligation to release any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof, or to reflect the occurrence of unanticipated events.
PRIVACY NOTICE
Please see Cottonwood’s Privacy Notice.
INTELLECTUAL PROPERTY
The Website and its original content, features and functionality are and will remain Cottonwood’s exclusive property. The Website is protected by copyright, trademark, and other laws of the United States and other countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
BUSINESS CONTINUITY PLAN
Please see Cottonwood’s Business Continuity Plan.
TERMINATION
At our sole discretion, we may terminate or suspend your access to the Website without notice at any time for any reason or for no reason. All provisions of the Terms which by their nature should survive termination shall survive.
INDEMNIFICATION
You will defend us, indemnify us and hold us harmless, along with our employees, contractors, agents, officers and directors, from and against all claims, damages, obligations, losses, liabilities, costs and expense (including attorney’s fees), arising from your access and use of the Website or your breach of these Terms.
LIMITATION OF LIABILITY
In no event shall we or our directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access and use of the Website, (ii) your inability to access and use the Website, and (iii) any conduct or content on the Website, whether based on contract, tort or any other legal theory and whether or not we have been informed of the possibility of such damage.
DISCLAIMER
Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
In particular, we do not warrant that the Website is secure, will function without interruption or will be available at any particular time or location. We do not warrant that any errors or defects will be identified or corrected. We do not warrant that the Website is free of viruses or other harmful components or that the results of using the Website will meet your requirements.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflicts of law provisions.
Our failure to enforce any of these Terms will not be considered a waiver of such Terms. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding your access to and use of the Website and supersede and replace any prior agreements we might have had between us regarding the Website.
CLIENT RELATIONSHIP SUMMARY (FORM CRS)
Form ADV Part 3 (also referred to as our Client Relationship Summary or Form CRS) is a disclosure that S.E.C. registered investment advisers must deliver to retail investors at the beginning of their relationship. Form CRS is designed to assist you in the process of evaluating financial services firms such as us and covers a number of topics, including the types of services offered, the fees and costs you will have to pay for those services, conflicts of interest we may have, and other disclosures that may be of interest to you. It also includes questions you can ask to learn more about your relationship with us and provides links to additional sources of helpful information. You can access a copy of our Form CRS here.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. In that case, your continued use of the Website will constitute your acceptance of the modified or replacement Terms. If you do not agree to the modified or replacement Terms, you may not continue to access or use the Website.
CONTACT US
If you have any questions about these Terms, please Contact Us.