Creatis reserves the right, in its sole discretion, without any obligation to you and without any requirement to provide notice to you, to change, improve or correct the information, materials and descriptions on the Site and to suspend and/or deny access to the Site for any reason. The disclosure information and materials on the Site may contain typographical errors or inaccuracies despite the Issuer’s best efforts and our due diligence review. Any dated information is as of its date only, and Creatis does not undertake any obligations or responsibilities to update or amend any such information. Creatis may discontinue or change any reference to an offering of securities by any Issuer or any Services described in or offered on the Site at any time. Creatis further reserves the right, in its sole discretion, to block or otherwise discontinue your access to and use of the Site at any time and for any reason. You agree that Creatis will not be liable to you or to any third party for any such modifications, suspensions or discontinuances.
The Services are currently available only to U.S. Accredited Investors and non-U.S. Investors who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age and have the legal capacity and competence to form a binding contract, and that all registration information you enter is accurate and truthful. Creatis may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify Creatis for violations of this Agreement.
Offerings of securities by Issuers on the Site are currently made available only to certain institutional investors and high net worth individuals and entities. U.S. Investors must meet certain eligibility tests to qualify as purchasers. At this time, entities must have assets of at least $5 million (or all individual owners meet accredited investor tests). U.S. individuals must have a net worth of more than $1 million excluding primary residence or gross income for each of the last two years of at least $200,000 ($300,000 with spouse) with the expectation of the same income in the current year. We will require you to verify your representation to that effect using one or more methods (e.g., providing your tax returns to us, etc.).
Issuer offerings of securities referenced on this Site are only suitable for U.S. Accredited Investors and non-U.S. Investors who are familiar with and willing to accept the high risk and lack of liquidity associated with private investments. Securities purchased in these private placements are not publicly traded and are intended for Investors who do not have a need for a liquid investment. There can be no assurance that the securities price/valuation is accurate or that it is in agreement with the market or industry valuations. In addition, Investors will receive restricted securities that are not transferable. Issuers seeking private placement investments tend to be in earlier stages of development and have not yet been fully tested in the public marketplace. A private placement investment requires high-risk tolerance, low liquidity concerns, and long-term commitments. Investors must be able to afford to lose their entire investment.
Past performance is not a guarantee of future performance. The contents of this Site do not constitute financial, investment, legal, or tax advice. Investors are solely responsible for conducting any legal, accounting or due diligence review. You should obtain investment and tax advice from your advisers before deciding to invest. Investment products are not FDIC insured, may lose value, and there is no bank or other guarantee.
None of the information contained in the publicly available portions of the Site constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service. The information contained in the Site has been prepared without reference to any particular Investor’s investment requirements or financial situation. The information and Services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where Creatis is not authorized to provide such information or Services. Some products and Services described in the Site may not be available in all jurisdictions or to all clients.
Our Services are available only to Investors who have been authorized by us to access those Services. Such authorization may require completion of an accredited investor questionnaire (and providing additional verification) and satisfactory background information screening and/or identification verification.
Unauthorized use of the Site and our Services by you or others using your account to conduct any illegal activity, including, but not limited to laundering money, funding terrorism or other illegal activity. The misuse or sharing of passwords or misuse of any other information is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or Services or interfere with any other party's use and enjoyment of the Site or Services. You agree that you will not engage in any activities related to the Site that are contrary to applicable laws or regulations. You further agree that you are responsible for any unauthorized use of your account that is made before you have notified us of such use and we have had a reasonable opportunity to act on that notice. Creatis reserves the right at its discretion to suspend or otherwise disable your access to the Site, even without receiving such notice from you or providing notice to you, if we suspect that it is being used in an illegal, unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your account and should promptly report any illegal, unauthorized or suspicious activity in your account to us by writing to us Contact Us
"Creatis" is a registered service mark of Creatis. Creatis owns and retains all proprietary rights in the Site, the Services and all material and information posted thereon ("Content"). The Site contains the copyrighted material, trademarks and other proprietary information of Creatis and its licensors. You may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express written permission of Creatis.
In addition, to the extent you receive information from Creatis, Issuers or other Investors with respect to any investment activity on the Site, you may not further disclose or otherwise provide such information to another party in any way that allows a personal identification of such Issuer or Investor. You agree that Creatis may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to:
(i) cooperate with law enforcement or regulatory or self-regulatory organizations, (ii) comply with a legal obligation, (iii) protect and defend the rights or property of Creatis, (iv) act in urgent circumstances to protect the personal safety of users of the Site or the public against fraud or other harm, (v) enforce our customer and other agreements, (vi) protect against legal liability, (vii) comply with any applicable law, regulation, legal process, or governmental request; (viii) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (ix) enforce this Agreement and investigate potential violations thereof; (x) detect, prevent, or otherwise address fraud, security, or technical issues; (xi) respond to your requests for customer service; or (xii) protect the rights, property, or personal safety of Creatis, its users, or the public.
If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify Creatis as soon as possible through our contact page Contact Us and provide the following information in accordance with Section 512(c) of the Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion.
Use of Links:
Creatis provides messaging capabilities so that the users could communicate through our site and certain linked social media sites. You agree that the messaging services does not entangle in such communication, or in any way indicate that Creatis has adopted the communication. We make no representation as to accuracy of the information communicated by users on the Site and have no control or compliance oversight over such communication.
In addition, the third-party communications do not reflect the position of Creatis and were not reviewed for completeness and accuracy. The third-party communications were not endorsed or adopted by Creatis.
Creatis may terminate your access to all or any part of the Site and Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of this Agreement shall survive termination, including, without limitation, your pre-termination representations, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Creatis has no special relationship with or fiduciary duty to you. You acknowledge that Creatis has no control over, and no duty to take any action regarding: which Users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Creatis from all liability for you having acquired or not acquired Content through the Site. Creatis makes no representations concerning any Content contained in or accessed through the Site, and Creatis will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
Creatis neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Site.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
Creatis will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third-party data or the transmission or delivery of any such third-party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Creatis or "force majeure" or any other cause beyond the control of Creatis.
Electronic Communication Privacy Act Notice: Creatis makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Creatis will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Creatis' equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
You shall defend, indemnify, and hold harmless Creatis, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content or otherwise from your User Submissions (including breach of your representations to us), violation of the Agreement, or infringement by you, or any third party use of your account, of any intellectual property or other right of any person or entity. Creatis reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Creatis in asserting any available defenses.
Limitation of Liability:
IN NO EVENT SHALL CREATIS, NOR ITS MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) FIFTY U.S. DOLLARS ($50.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law; Arbitration:
Except as otherwise expressly provided in this Agreement, any civil claim which arises out of or relates in any way to this Agreement shall be resolved before a FINRA panel by binding and exclusive arbitration in New York, New York, in accordance with the following terms and procedures:
1. The party with a civil claim must notify the other party in writing by certified mail within the times set forth by statute for filing a civil claim of its desire to have the claim resolved by arbitration. Except as otherwise provided in this Agreement or required by FINRA, the arbitration proceeding shall be governed by the New York Arbitration Act.
2. Upon notice of a timely civil claim, the parties will agree upon an arbitrator or, if unable to agree, will seek court appointment of an arbitrator pursuant to the New York Arbitration Act.
3. The arbitrator shall have no authority to add to, subtract from, or otherwise modify the terms of this Agreement or to make awards beyond those provided for by the statute or other cause of action under which the claim arises.
4. Any party to the arbitration may be represented by counsel. The party producing a witness is responsible for paying that witness’s fees and expenses. The arbitrator’s fees and expenses, including required travel and per diem costs, and the cost of any evidence or proof produced at the arbitrator’s direction may be apportioned and shall be borne as determined by the arbitrator. All decisions of the arbitrator made in accordance with this Agreement shall be final and conclusively binding upon the parties. The parties agree that the arbitrator’s award may be entered as a judgment by any court of competent jurisdiction.
5. Issues of procedure, arbitrability, appeal, or confirmation of award shall be governed by the New York Arbitration Act.
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. User agrees that it may bring claims against Creatis only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Registration Data; Account Security:
In consideration of your use of the Site and the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by the Site or by Creatis representatives following up on your submissions to the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information that you provide to Creatis, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Creatis.
Integration and Severability: