Terms of Service

1.GENERAL.

The following terms govern your use of the KRG Capital (“KRG”) website (the “Website”). KRG may change or update these Terms of Service from time-to-time. Your use of the Website constitutes your agreement to the Terms of Service. You understand and agree that the Website may discontinue or restrict your use for any reason without notice and without any liability to you. In addition, when using the Website, you shall be subject to any posted guidelines or applicable rules, which may be posted from time to time and which are hereby incorporated by reference into these Terms of Service.

2.INTELLECTUAL PROPERTY.

Unless otherwise indicated, all content displayed on the Website, including without limitation any pictures, logos, images, and text (collectively “Content”), is the property of the Website, KRG, or its licensors, and is protected by copyright, trademark, and intellectual property laws. Such Content may be used only for your personal and non-commercial use and may not be edited or modified for any purpose. By accessing the Website, you agree not to reproduce, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate the Website’s Content to anyone, except that you may occasionally reproduce, distribute, display or transmit an insubstantial portion of the Website’s Content, for a noncommercial purpose, to a limited number of individuals, provided you attribute the source of the Content to KRG and indicate that  Mountaingate reserves all rights. The Website does not claim ownership of any information you submit or make such information available for inclusion on the Website. Please refer to the Privacy Policy. If you believe in good faith that any Content infringes upon your copyright, you may send KRG a notice with supporting details to request that the Content be removed. KRG will evaluate the notice and remove such Content, if appropriate. Notices should be sent to KRG Capital, Attn: Website Administrator, 1800 Larimer Street, Suite 2200, Denver, CO 80202.

3. DISCLAIMER OF WARRANTIES AND LIABILITY.

You agree that your access to, and use of, the Website and the Content is on an “as-is”, “as available” basis. The Website may include facts, views, opinions and recommendations, that may not necessarily reflect the view of KRG or its affiliates or personnel. The Website specifically disclaims any representations or warranties, express or implied, as to the Website and the Content contained therein, including, without limitation, any representations or warranties of accuracy, completeness, timeliness, noninfringement, merchantability or fitness for a particular purpose. Neither the Website nor KRG will be liable to you for any loss or injury caused in whole or part by your use of the Website and its Content or for any decision made or action taken by you in reliance on any Content appearing on the Website. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you.

4. LINKS TO THIRD PARTY SITES.

The Website may contain hyperlinks to websites operated by persons other than KRG. You agree to hold the Website and KRG harmless for any content or operation of such websites. A hyperlink from the Website to another website does not imply or indicate that the Website or KRG endorses the content on that website, its operator or the operations of that website. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from the Website.

5. ADDITIONAL LEGAL TERMS.

These Terms of Service, your rights and obligations, and all actions contemplated by these Terms of Service will be governed by the laws of the United States of America and the State of Colorado, as if these Terms of Service were a contract wholly entered into and wholly performed within the State of Colorado. These Terms of Service will not be governed by the United Nations Convention. If any provision in these Terms of Service is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Service are the entire and final agreement regarding the Website and its Content, and supersede any prior or contemporaneous communications between the Website and you regarding the Website and its Content.

6. PRIVACY AND USE OF INFORMATION.

Please visit our Privacy Policy, which also governs your use of the Website, to understand how we collect and use information about you. If you are outside the United States, you understand and agree that by providing the Website any information about yourself, you are consenting to the transfer of that information to the United States.