Terms of Use

Your use of the website www.arc24.com or(the “Site”) and the features of the Site are subject to the terms, conditions, policies and notices contained on this page (the “Terms of Use”), which Arc24 Management, LP and its affiliates (“Arc24” or “We” or “Our” or “Us”) may update from time to time.

Please read these Terms of Use carefully before using the Site. By accessing the Site in any way, including,without limitation, browsing the Site, using any information, and/or submitting information to us, you agree to and are bound by the terms, conditions, policies and notices contained on this page now and in the future. The Siteis owned and controlled by Arc24.

Arc24 reserves the right to change these Terms of Use without notice at any time. Your use of our Site after we post any changes to these Terms of Use constitutes your agreement to the changes. Any change to these Terms of Use shall be effective upon posting to the Site. Accordingly, you agree to periodically review these Terms of Use when accessing or using the Site.

You acknowledge and agree that Arc24 may temporarily or permanently restrict, suspend or terminate the Terms of Use or your access to, and use of, all or any part of the Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of these Terms of Use as determined in Arc24’s sole and absolute discretion, and without prior notice or liability. Arc24 will not be liable to you or any third party for any termination of your access to or use of the Site. Arc24 reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of or interactions with the Site.

If you do not agree to receive the legal notices set forth herein or otherwise included on this Site, and to abide by these Terms of Use for any reason, you agree that your sole and exclusive remedy is to discontinue using the Site.

Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may have with us (“Other Agreements”), if any, which may currently be in effect. In the event of any inconsistency between these Terms of Use and any Other Agreements, the Other Agreements will govern.

Your compliance with these terms and all Other Agreements is a condition to your right to access the Site. Your breach of any provision of these Terms of Use or Other Agreements will automatically, without the requirement of notice of other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels, and all other claims and causes, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.

Privacy Policy

 For information on how Arc24 collects, uses, and discloses information from its users of the Site, please review our Website Privacy Policy. Your use of the Site indicates your consent to the data practices stated in our Website Privacy Policy.

Login I.D. and Passwords 

In connection with your use of or access to this site, we from time to time may provide you with user names, passwords and/or other unique identifiers (“User Codes”). The User Codes are for your personal use only. You are responsible for the security and confidentiality of your User Codes, and agree not to disclose them to any third party, including any other employee in your organization (if applicable). You are responsible for all information provided and any acts or omissions that occur while your User Codes are being used. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of your User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of your User Codes, or if you believe the confidentiality or security of any or all of your User Codes has been compromised in any way, or in the event of your learning about a possible or actual unauthorized access to and/or use of this site. We reserve the right to revoke or modify your User Codes at any time without prior notice.

No Offer or Advice

The Site and the information included herein are for general information purposes only. The information contained on this Site is not, and should not be construed to be, an offer to sell, or a solicitation of an offer to buy, interests in any private investment fund or other investment product (each a “Fund”) managed by Arc24.An offering of interests in a Fund will be made only to certain sophisticated investors in those jurisdictions where permitted by law and only by means of confidential private offering memoranda, or similar offering documentation.An investment in a Fund is speculative and involves a high degree of risk.A Fund will have substantial limitations on investors’ ability to redeem or transfer their interests, and no secondary market for a Fund’s interests exists or will develop.Please refer to such offering documentation for more thorough descriptions of such Fund and a discussion of the substantial risks involved in making an investment therein.Prospective investors are strongly urged to review such offering documentation and consult with their own independent legal, tax and financial advisors before deciding to invest in a Fund.

We are not utilizing the Site to provide investment or other advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.

Past Performance

Any performance data or comments expressed on the Site are an indication of past performance. Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Any investment involves significant risks, including the loss of the entire investment.

Confidentiality 

All information available through the restricted area of the Site is confidential and proprietary to us. This includes all investment information and results, offering materials, financial statements and other information provided through this part of the Site. You will use your best efforts to keep all this information strictly confidential. You will not disclose any of this information to any person (other than to your tax, financial and other advisers) or use it for any purpose other than as strictly permitted by us, in writing.

Notwithstanding the foregoing, nothing on this Site or otherwise shall (i) interfere with your right to report possible violations of applicable laws or regulations to, and/or file charges with, or cooperate or participate in investigations or proceedings conducted by, the SEC, the National Futures Association and/or any other self-regulatory or federal, state, or local regulatory or law enforcement agency, (ii) bar or impede in any way your ability to seek or receive any monetary award or bounty from any governmental agency or regulatory or law enforcement authority in connection with protected whistleblower activity, or (iii) obligate you to notify us of your reporting, filing, cooperation or participation (if any) pursuant to this paragraph, nor of the existence of any such possible violations of laws or regulations or of any such investigations or proceedings or their related allegations.

Sources of Information

Certain information contained on this site has been obtained from sources we believed to be reliable at the time such information was initially published. However, the accuracy, timeliness and completeness of such information, the underlying data or the computations based thereon cannot be guaranteed. We do not review the content received from, or created by, any third parties, including news, research and other data, and expressly disclaim all warranties, express or implied, with respect thereto, including warranties of title, non-infringement, merchantability or fitness for a particular purpose.

Forward-Looking Statements

Information on the Site may contain “forward-looking statements.” Specific forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts and include, without limitation, words such as “may,” “will,”“should,” “expects,” “believes,” “anticipates,” “plans,” “estimates,”“intends,” “continues,” “projects,” “targets,” “forecasts,” “seeks,” “could” or the negative of such terms or other variations on such terms or comparable terminology. Similarly, statements that describe Arc24’s objectives, plans or goals are forward-looking. Any forward-looking statements are based on Arc24’s current intent, belief, expectations, estimates and projections about the financial industry, the economy, Arc24 itself or its investments. These statements are not guarantees of future performance and involve risks, uncertainties, assumptions and other factors that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Accordingly, you should not rely upon forward-looking statements as a prediction of actual results and actual results may vary materially from what is expressed in or indicated by the forward-looking statements. Furthermore, Arc24 undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise.

The posting of any presentation or other information on this site should not be interpreted as a recommendation or opinion by Arc24 that you should make any purchase or sale or participate in any transaction.

Site Contents

All content included on the Site, such as text, images, graphics, logos, articles and other materials, is the property of Arc24 or others and is protected by United States and international copyright and other laws. All trademarks and logos displayed on the Site are the property of their respective owners, who may or may not be affiliated with Arc24. Any data that you transmit to the Site becomes the property of Arc24 and may be used by Arc24 for any lawful purpose without restriction, subject to the Website Privacy Policy. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content or trademark displayed on the Site without the written permission of Arc24 or such other third party that may own the content or trademark displayed on the Site. Nothing in these Terms of Use shall constitute a waiver of any trademark or other intellectual property rights concerning name, logo or trademark. Please be advised that Arc24 may enforce its intellectual property rights to the fullest extent permitted by law.

Restrictions on Use

The information, materials and other content of the Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of Arc24. Our prior permission is required for (i) any commercial use of materials on this Site; (ii) making more than minimal copies of Site materials; and (iii) copying large portions of our Site, such as by bots, robots or spiders that “harvest” the Site (other than for the purpose of appropriately analyzing and indexing the Site for the purpose of providing an Internet search service, Internet directory service, or Internet content directory). If you seek permission for such use of our Site, please contact us at investors@arc24cap.com. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

You warrant that when using the Site you shall not violate or facilitate any violation of any applicable local, state, federal or international law, statute, regulation, code or ordinance, including, without limitation, regulations promulgated by or the rules of any national or other securities exchange. The permission to use the Site granted by this Terms of Use automatically terminates if you breach any of the terms and conditions contained herein.

Automatic Data Collection

Arc24 reserves the right, but does not have the obligation, to access, archive, or monitor any use of the Site, or your use of the Site and your communications to the Site. Any personal information collected during such automatic data collection will be used in accordance with Arc24’s then-current Website Privacy Policy. By using the Site, you accept Arc24’s right to access, archive, and/or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these Terms of Use, compliance with applicable laws, rules or regulations or for any other reason.

Modifications to Content and Site Functionality

We may, at our discretion, modify or discontinue any of the content or functionality of this Site, or any portion thereof, with or without notice.

Disclaimer

The Site and all information and materials available on or through the Site are provided as is and with all faults. To the fullest extent permitted by law, Arc24 disclaims all representations and warranties of any kind, either express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability

By using the Site, you acknowledge: (1) that your use of the Site is at your sole risk; (2) that you assume full responsibility for all costs associated with your use of the Site; and (3) that Arc24 shall not be liable for any damages, losses or liabilities of any kind related to your use of or inability to use the Site, including without limitation, direct, indirect, incidental, special, punitive, compensatory or consequential damages, lost profits and/or loss of or damage to property whether the alleged liability is based on contract, tort, negligence strict liability, or any other basis, even if Arc24 has been advised of the possibility of such damages. In no event shall Arc24 be liable for any damages, losses or liabilities, in connection with your reliance on or use or inability to use the information, materials, products or services on the Site, or in connection with any failure of performance, error, omission, interruption, defect or delay in operation or transmission, computer virus, line or system failure or other computer malfunction even if Arc24 is advised of the possibility of such damages, losses, or expenses. Neither Arc24 nor any party involved in creating, producing or delivering the Site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use the Site, or any errors or omission in the content thereof. This limitation includes damages to, or for any viruses that infect your computer equipment.

Arc24 will not be liable in any way for possible consequences of changes to the Site. Your sole remedies for dissatisfaction with your use of the Site are to stop using, viewing or accessing the Site.

You hereby agree, at your own expense, to indemnify, defend and hold Arc24 and its officers, directors, members, partners, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any such claim. Arc24 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Ar24.

Governing Law

These Terms of Use are governed by the internal laws of the State of New York, without reference to its conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in the Borough of Manhattan, New York City as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. You hereby appoint the Secretary of State of the State of New York as your agent for service of process in any such proceeding. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with the Site and/or these Terms of Use will be resolved individually, without resort to any form of class action. These of Use operate to the fullest extent permissible by law.

Waiver

No waiver by Arc24 of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms of Use at any other time.

Severability

If any provision of these Terms of Use is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.

Complete Agreement

These Terms of Use and our Website Privacy Policy constitute the entire agreement between you and Arc24 relating to the public facing elements of the Site and your use of these portions of the Site, and supersede any prior agreements or understandings not incorporated herein with regards to these portions. Certain restricted areas of the Site may require you to agree to supplemental terms and conditions. These Terms of Use are not intended to modify or amend Other Agreements you may have with Arc24 regarding other matters.

International Use

The Site is operated and controlled by us in the United States. Due to the global nature of the Internet, the Site may be accessed by users in countries other than the United States. We make no warranties that materials on this Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations. You agree to comply with all local laws, rules and regulations including, without limitation, all laws, rules and regulations in effect in the country in which you reside and the country from which you access the Site. The information on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Arc24 or its affiliates to any registration requirement within such jurisdiction or country. Any offer for any matter made on this Site is void where prohibited.

Termination

Notwithstanding anything in these Terms of Use or on the Site, Arc24 reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by Arc24.

Contact Information 

Thank you for visiting our Site. Please contact us at investors@arc24cap.com if you have any questions about our Site or these Terms. Electronic mail or other communications through this Site to Arc24 (or any of its employees, agents or representatives) may not be secure and we do not guarantee the confidentiality of such communications.