These Terms and Conditions of Use (the “Terms of Use”) apply to the Arc9 Group website located at www.arc9capital.com and all associated sites linked to www.arc9capital.com by Arc9 Group, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Arc9 Group (“Arc9”) and its licensors.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND THAT YOU AGREE TO BE BOUND BY THEM; IF YOU DO NOT AGREE, DO NOT USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
YOUR COMPLIANCE WITH THESE TERMS OF USE AND ALL OTHER RULES, PROCEDURES, POLICIES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE SITE IS A CONDITION TO YOUR RIGHT TO ACCESS THE SITE. YOUR BREACH OF ANY PROVISION OF THESE TERMS AND CONDITIONS OF USE OR OTHER RULES, PROCEDURES, POLICIES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE SITE WILL AUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR 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 CLAIMANT OR INJURED PARTY, ARISING FROM OR RELATING TO YOUR CONTINUED USE OF THE SITE AFTER SUCH BREACH.
Limited Right to Use:
Arc9 grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by these Terms of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason Arc9 may revoke your right to use all or any portion of the Site.
Updates to the Site:
Arc9 reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Such changes shall be effective immediately upon posting. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Site Security:
You are prohibited from violating or attempting to violate the security of the Site. This includes tampering with any part of the Site, providing false or inaccurate information, misrepresenting your identity, or engaging in fraudulent activities on the Site, whether directly or through agents. Any such actions constitute a violation of these Terms of Use.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or an account which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality used to authenticate users; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing” or “crashing;” (e) forging any TCP/IP packet header or any part of the header information in any email or posting; (f) scraping or otherwise collecting data or information through automated means; (g) removing any notices, warnings, labels, annotations or instructions from any portion of the Site or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (h) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Site. Violations of the Site security may result in civil or criminal liability. Arc9 will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
Ownership of Materials on Site:
You may not download or copy content on the Site unless such download is expressly permitted in writing on the Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Site, any content thereof, or any related software.
All content included on the Site, such as text, images, graphics, logos, articles and other materials, is the property of Arc9 or third parties who have licensed their materials to Arc9, as applicable, and is protected by Singapore 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 Arc9. Nothing contained on the Site shall be interpreted as granting, any license or right to use any content or trademark displayed on the Site without the express written permission of Arc9 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.
Cookies:
Arc9 may collect certain aggregate and non-personal information when you visit the Site. We may collect this information through “cookie” technology. Cookies are bits of text that can be placed on your computer’s hard drive when you visit certain websites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. The “help” portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Remember, though, without cookies, you may not be able to take full advantage of all of the Site features.
No Offers or Reliance:
This Site is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice. Nothing on this Site should be construed as a recommendation, offer or solicitation to buy or sell any securities of Arc9 or any other issuer.
While Arc9 uses reasonable efforts to obtain information from reliable sources, Arc9 makes no representations or warranties as to the accuracy, timeliness or completeness of any information or document at the Site. The Site contains forward-looking statements, which reflect our views with respect to, among other things, the operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Forward-looking statements are subject to various risks and uncertainties. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “indicator,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “optimistic,” “estimate,” “anticipate” or the negative version of these words or other similar expressions. Arc9 undertakes no obligation to publicly update or amend any information on the Site, regardless of whether it’s due to new information, future developments, or otherwise. Opinions and content on the Site may change without prior notice.
Arc9 does not use the Site to offer investment or any other advice. None of the information or materials on the Site should be deemed as a recommendation to buy or sell securities or as a basis for making investment decisions. Moreover, no information, content, or other materials on the Site should be interpreted or relied upon as investment, legal, accounting, tax, or any other professional advice, nor should it be associated with any offer or sale of securities. Any transactions mentioned on the Site are provided as representative transactions and are not reflect the overall performance.
Past Performance:
Past performance is no guarantee of future results. Investments involve risk, including the risk of loss of principal. Arc9 does not guarantee any specific investment results.
No Warranty; Limitation on Liability:
The site and related services are provided on an “as is”, “as available” and “with all faults” basis and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Arc9 or its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) makes no representations or warranties and specifically disclaims any and all warranties of any kind, express or implied, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery.
Arc9 or its Associates does not warrant, either expressly or impliedly, the accuracy or completeness of the information contained on this Site and does not warrant that the functions contained in this Site will be uninterrupted or error-free, that defects will be rectified, or that the Site will be free from viruses or other harmful components. Arc9 expressly disclaims all liability for errors and omissions in the materials on this Site and for the use or interpretation by others of information contained on the Site.
In no event shall Arc9 or its associates or be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, exemplary, incidental, or consequential damages arising out of in connection with any access, use (or inability to use) or distribution of the Site, or any content therein. This is true even if Arc9 has been advised of the possibility of such damages or losses.
Third Party Content and Linked Sites:
References on this Site to any names, marks, products or services of third parties who may or may not be affiliated with Arc9 , or hypertext links to third party websites or information or content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply Arc9’s ’s endorsement, sponsorship, referral or recommendation of the third party, its information, materials or services. Arc9 does not review or monitor any websites linked from or to the Site and is not responsible for the practices or policies of such third parties, nor the content of any such websites, or any materials or services contained on or accessible through such other websites, their terms of use or privacy policies. Arc9 has not independently verified the content of any such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. You are advised to review the terms of use and privacy policies of any website that you visit. Arc9 disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site.
Privacy Policy
Please review our Privacy Policy , which is a part of these Terms of Use and hereby incorporated by reference, to learn about our information collection practices and the measures we take to preserve the privacy and security of your information. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Password and Security Notification
Certain areas of the Site are password-protected. You may not attempt to access any password-protected areas of the Site without authorization. If you have been issued a password for the Site, you agree that Arc9 has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.
All information that Arc9 provides to Site users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient’s financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.
You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your user names, password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify Arc9 immediately of any unauthorized use of your account or password, or any other breach of security. If you share your password with a third party, you assume all responsibility for all such party’s activity related to the Site.
Termination of Use:
These Terms of Use are effective unless and until terminated by either you or Arc9. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms of Use, in our sole discretion, at any time and may do so immediately without prior notice or warning of any kind, and accordingly restrict, deny or terminate your access to the Site. Upon any termination of these Terms of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under these Terms of Use or otherwise.
Indemnification
As a condition of use of the Site, you agree to indemnify, defend and hold Arc9 and its Associates harmless from and against any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement), losses, liability, costs and expenses (including, but not limited, to attorney’s fees), as incurred, arising from your use of the Site or related services, from your violation of these Terms of Use or from any decisions that the visitor makes based on such information. If you are dissatisfied with any material on this Site, your sole and exclusive remedy is to discontinue using the Site.
Representations and Warranties:
You represent and warrant that: (i) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms of Use; (ii) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms of Use; and (iii) you will not delete any content.
Effect on Other Agreements:
Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may have with Arc9 (including without limitation any customer agreement, participation agreement or account agreement) (collectively, “Other Agreements”), if any, that may currently be in effect. In the event of any inconsistency between these Terms of Use and any Other Agreement, the Other Agreement will govern. Some pages within the Site contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms of Use. In the event of a conflict, such supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
General
Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.
These Terms of Use will be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
The failure of Arc9 to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Arc9’s ’s rights with respect to such breach or any subsequent breaches.
Dispute Resolution and Binding Arbitration:
These Terms of Use are governed by the laws of Singapore. For any action allowed to proceed in court, or to enforce these Terms of Use, the parties agree to exclusive personal jurisdiction and venue in Singapore. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
By using the Site, you agree that Arc9, at its sole discretion, may require you to submit any disputes arising from the use of the Site, related services or these Terms of Use concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, by one or more arbitrators appointed in accordance with the SIAC Rules. This arbitration agreement will survive the termination of your relationship with Arc9.
Contact Information
For any questions regarding these Terms of Use, please contact Arc9 at contact@arc9capital.com