LEGAL:
TERMS OF USE AGREEMENT FOR CREFUNDS.COM WEB SITE
1. AGREEMENT BETWEEN USER AND CORNERSTONE
This is a binding agreement ("Agreement") between the Cornerstone Ventures, Inc., a corporation ("CORNERSTONE") and you, the user ("You" or "Your"). CORNERSTONE’s web site, http://www.crefunds.com (“WEB SITE”) is offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein. By accessing the Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
2. MODIFICATION OF THESE TERMS OF USE
CORNERSTONE RESERVES THE RIGHT TO CHANGE THE TERMS, CONDITIONS AND NOTICES OF THIS AGREEMENT UNDER WHICH THE WEB SITE IS OFFERED AT ANY TIME WITHOUT NOTICE TO YOU. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS AND CONDITIONS. THE MOST CURRENT VERSION OF THIS AGREEMENT CAN BE VIEWED BY CLICKING ON THE “TERMS OF USE” HYPERTEXT LINK LOCATED AT THE BOTTOM OF THE WEB SITES PAGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE WEB SITE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES. THESE TERMS OF USE WERE LAST MODIFIED ON MARCH 12, 2007.
3. PRIVACY POLICY
Because Your privacy is important to You and to CORNERSTONE, CORNERSTONE will operate the Web Site in accordance with its Privacy Policy, which is incorporated into this Agreement by this reference and which may be viewed by following this link to the “Privacy Policy”. BY CONSENTING TO THIS AGREEMENT, YOU CONSENT TO THIS PRIVACY POLICY.
4. WEB SITE USAGE
As a condition of Your use of the Web Site, You represent and warrant to CORNERSTONE that You will not modify, copy, distribute, transmit, display, perform, reproduce, print, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web Site.
You represent and warrant that You will not use the Web Site for any unlawful purpose or in any manner prohibited by this Agreement. In particular, You represent and warrant that You will comply with all laws and regulations that govern confidential or personally identifiable information, including without limitation gathering, transmitting, using, disclosing, or storing such information.
You represent and warrant that You will not:
- Use the Web Site in any manner which could damage, disable, overburden or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site.
- Violate any applicable laws or regulations;
- Use the Web Site for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
- Violate any of CORNERSTONE’s policies, guidelines or other codes of conduct which are applicable to the Web Site;
- Harvest or collect information form the Web Site about others; or
- Interfere with or disrupt Web Site networks or servers.
CORNERSTONE may in its sole discretion terminate Your right to access and use the Web Site at any time. You are responsible for the acts or omissions by third parties who are under Your control for their use of the Web Site, and for any damages incurred by You as a result thereof.
5. CORNERSTONE PRODUCTS
This Web Site is neither an offer to sell nor the solicitation of an offer to buy any security. CORNERSTONE products are offered by prospectus or private placement memorandum only. These documents contain more complete information on fees, charges and other expenses, and should be carefully read and considered before investing or sending money. Past performance does not guarantee future results. Please remember that there is no assurance that the investment objectives will be achieved. Investing in these products involves certain risks, including the possible loss of principal. When liquidated, the investment may be worth more or less than the original cost.
The Web Site may include statements concerning operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our sites, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The sites and the information contained therein do not constitute any offers or solicitations of offers for the sale of any securities (except for appropriately marked product prospectuses).
The sites may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
6. SECURITY
Portions of the Web Site may require a userID, password and/or additional codes for access and use. You are solely responsible for (1) maintaining the strict confidentiality of the userIDs, passwords and codes ("User Information") assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel’s failure to maintain the strict confidentiality of User Information; and (3) promptly informing CORNERSTONE in writing of any need to deactivate and replace any User Information due to security concerns. CORNERSTONE is not liable for any harm related to the theft of Your User Information, Your disclosure of Your User Information, or Your authorization to allow another person or entity to access and use the password protected portions of the Web Site using Your User Information. You agree to notify CORNERSTONE immediately as soon as You become aware of any unauthorized use of Your User Information. Notice to CORNERSTONE under this section of the Agreement may be accomplished by sending e-mail to webmaster@crefunds.com [Note: need email address] or by conventional mail to:
Webmaster
Cornerstone Ventures, Inc.
1920 Main Street, Suite 400
Irvine, CA 92614
7. COPYRIGHT AND TRADEMARK OWNERSHIP, NOTICES AND INFRINGEMENT
COPYRIGHTS:
All contents of the Web Site are: Copyright © 2007 Cornerstone Ventures, Inc. All rights reserved.
The content of the Web Site is proprietary to CORNERSTONE and its suppliers and is protected by the copyright laws of the United States and other countries. The compilation of the content on the Web Site is the exclusive property of CORNERSTONE and is protected by the copyright laws of the United States and other countries.
CORNERSTONE does not claim ownership of the individual materials or information You may provide to CORNERSTONE, including without limitation feedback, and suggestions, regarding the Web Site. However, if You provide such materials or information to CORNERSTONE:
- You warrant and represent that You own or otherwise have all of the rights in and to Your materials or information including, without limitation, all the rights necessary for You to provide the materials or information; and
- You grant CORNERSTONE, its affiliated entities and sublicensees a non-exclusive, perpetual, worldwide, royalty free, fully paid up and irrevocable license to use Your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish Your name in connection with Your materials or information. CORNERSTONE will not pay You compensation with respect to any use of Your materials or information.
Any rights not expressly granted herein are reserved.
TRADEMARKS:
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to CORNERSTONE’s or its suppliers’ names, logos, logotypes, trade dress, designs, or other trademarks.
Any and all rights not expressly granted herein are reserved.
8. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CORNERSTONE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. CORNERSTONE does not guarantee any action based upon the receipt of such information. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to CORNERSTONE’s Designated Agent.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Cornerstone Ventures, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: [INSERT NAME.]
Full Address of Designated Agent to Which Notification Should be Sent: Cornerstone Ventures, Inc., 1920 Main Street, Suite 400, Irvine, CA 92614
Telephone Number of Designated Agent: [INSERT PHONE NUMBER.]
Facsimile Number of Designated Agent: [INSERT FAX NUMBER.]
Email Address of Designated Agent: [INSERT E-MAIL ADDRESS.]
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEB SITES
The Web Site may contain content provided by a third party such as general market information and _________. [insert a summary of the types of third party data] CORNERSTONE is not responsible for content provided by a third party. Additionally, The Web Site may contain links to third party web sites. The third party web sites are not under the control of CORNERSTONE, and CORNERSTONE is not responsible for the contents of any third party web site, and the inclusion of any link is as a convenience and does not imply endorsement by CORNERSTONE of the site or any association or relationship with its operators.
10. NO PROFESSIONAL ADVICE
The Web Site and its contents are provided for information and educational purposes only. None of the information provided constitutes investment, legal and/or tax advice. Decisions based on information provided through the Web Site are Your sole responsibility and are made at Your own risk. Please consult with Your investment advisor or representative for assistance with respect to investing in these products.
11. TERMINATION
CORNERSTONE reserves the right in its sole discretion to terminate Your access to any or all of the Web Site at any time without notice for any reason whatsoever. Sections 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 16, and 17 of this Agreement shall survive the expiration or termination of this Agreement for any reason whatsoever.
12. COMPLIANCE WITH APPLICABLE LAWS
CORNERSTONE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
13. GENERAL DISCLAIMERS, EXCLUSION OF DAMAGES, AND LIMITATION OF LIABILITY
THE INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE WEB SITE. CORNERSTONE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.
CORNERSTONE MAKES NO REPRESENTATIONS ABOUT THE WEB SITE, INCLUDING WITHOUT LIMITATION THE WEB SITE’S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, SERVICES AND GRAPHICS. CORNERSTONE PROVIDES THE WEB SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, MATERIALS, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. CORNERSTONE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, MATERIALS, PRODUCTS, SERVICES AND GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE IS TO DISCONTINUE USING THE WEB SITE. CORNERSTONE IN NO EVENT UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF, INCIDENTAL TO OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, SERVICES AND GRAPHICS OBTAINED THROUGH THE WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CORNERSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO IN PARTICULAR, IN NO EVENT SHALL CORNERSTONE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON THE WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF INFORMATION INCLUDED ON THE WEB SITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if and only if required by applicable law, some of the foregoing exclusions may not apply to You.
14. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CORNERSTONE, ITS SUCCESSORS, AFFILIATES, ASSIGNS, SUPPLIERS, ADVERTISERS, PRODUCT AND SERVICE PROVIDERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, USERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER USERS AND INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS. CORNERSTONE WILL NOTIFY YOU PROMPTLY OF ANY CLAIM FOR WHICH CORNERSTONE SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO CORNERSTONE’S INTERESTS, AS REASONABLY DETERMINED BY CORNERSTONE.
15. JURISDICTIONAL ISSUES AND GOVERNING LAW
The information contained on this Web Site does not constitute an offer or a solicitation for the sale of any securities in any jurisdiction where we are not licensed to conduct business, or where the security is not available for sale. The services and products described and the information provided on this Web Site are directed at and intended to be made available only to persons in the United States, and are not intended for distribution to, or for use by, any person in any other country or any other jurisdiction where such distribution or use would be contrary to law or regulation, or that would subject Cornerstone or any of its affiliated persons to any registration requirement within such jurisdiction or country.
This Agreement is governed by the laws of the State of California, USA, without reference to its conflicts of laws rules. You hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Web Site.
16. NO RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between You and CORNERSTONE as a result of this Agreement or use of the Web Site.
17. CONSTRUCTION
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
18. ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and CORNERSTONE with respect to the Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and CORNERSTONE with respect to the Web Site.
19. CORNERSTONE CONTACT INFORMATION
Webmaster: webmaster@crefunds.com
Cornerstone Ventures, Inc.
1920 Main Street, Suite 400
Irvine, CA 92614
Phone: (949) 263-4344
Fax: (949) 852-2729
20. NOTICES
Notices given by CORNERSTONE to You will be given by a general posting on the Web Site or by an e-mail, if an e-mail address is available. Notices given by CORNERSTONE to Users may also be given by conventional mail. Notices to CORNERSTONE must be sent by conventional mail to Attention: Cornerstone Ventures, Inc., 1920 Main Street, Suite 400, Irvine, CA 92614.
21. ASSIGNMENT
CORNERSTONE may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights or obligations under this Agreement.
NOTE: As individuals and as members of the Cornerstone organization, our decisions and actions are anchored by the ethical framework of the Code of Business Conduct and Ethics.
Click here to read our Code of Business Conduct and Ethics and our Whistleblower Protection Policy.