Term of Service

PLEASE READ THESE TERMS AND CONDITIONS FOR THE ARKPARTNERS.COM WEBSITE ("TERMS OF USE") CAREFULLY. BY ACCESSING THIS WEBSITE ("SITE") AND ANY PAGES THEREOF, YOU/USER AGREE TO BE BOUND BY THE TERMS OF USE. ARK PARTNERS AND ITS AFFILIATES ("ARK") EXPRESSLY RESERVES THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME. YOUR USE OF THIS SITE SHALL CONCLUSIVELY CONSTITUTE YOUR ACCEPTANCE OF THE TERMS OF USE AND ANY MODIFICATIONS THEREOF. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS THIS SITE OR ANY PAGES THEREOF.

  1. Trademark and Copyright. ARK PARTNERS (ARK) is the exclusive owner of all the trademarks, names, logos, and trade dress used in this Site, including, but not limited to, ARK, the ARK logo, and ARK PARTNERS. Your use of this Site does not grant you any rights in or interests to the Trademarks. The Trademarks shall not be used, modified, or otherwise reproduced without the express written permission of ARK. Any other third party marks or names used in this Site are owned by their respective owners and ARK makes no representations of any kind with respect to such third party marks and names. All copyright rights in this Site's content, including, but not limited to, graphics, videos, information, reports, and text (collectively, "Content"), is exclusively owned by or otherwise used by ARK under permission, and may only be used by you as set forth herein. Any other non-authorized use of the Site or Content, including, but not limited to the reproduction, dissemination, distribution, or transmission thereof is strictly prohibited. You further agree not to alter or delete any proprietary notice from any materials, reports, or other information downloaded, copied, or printed from the Site. All rights are expressly reserved.
  2. Username and Password. ARK makes the Site available only to its clients and other persons expressly authorized by ARK ("Authorized Users"). The Site contains public information as well as confidential and non-public information intended only for use by Authorized Users. In consideration of being granted a username and password and permitted access to the Site, Authorized Users hereby acknowledge having read and understood these Terms of Use and agree to be bound hereby. Subsequent use of any username and password issued by ARK to access the Site shall be deemed to constitute full acceptance by Authorized Users of these Terms of Use.
  3. Use of Information and Materials. Any unauthorized use of the Site, Content or ARK's systems, including but not limited to, any unauthorized access to ARK's Site, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Your eligibility for particular products and services is subject to final determination by ARK and/or its affiliates at their sole discretion and judgment. The investments described on the Site have not been registered under the federal securities laws of the United States and/or other applicable securities laws of any state, or the laws of any other jurisdiction. The information and materials contained in the Site do not constitute a recommendation or solicitation to purchase or sell any security or otherwise a solicitation for you to make any other type of investment or investment decision. In addition, such information is not intended to and does not provide any tax, legal or investment advice. You should consult your own tax, legal or investment advisers concerning your investments.
  4. Links. The Site may contain links to websites controlled or offered by parties other than ARK or its affiliates. ARK's inclusion of links to such websites is not an endorsement or recommendation of any products or services offered or information contained on such websites. ARK hereby disclaims any liability for any information, materials, products or services posted or offered on any of the third party websites linked to the Site. Such third party sites may have privacy policies and terms of use that are different from those of ARK and may provide less security than our Site. All use of the third-party links and any information contained in such sites is at your own risk.
  5. No Warranty. The Site's Content, including the terms, conditions, and descriptions appearing therein, are subject to change at any time. The information and materials contained in the Site, including the Content, text, graphics, links or other items are provided "AS IS" and "AS AVAILABLE". ARK does not warrant the accuracy, adequacy, or completeness of such content, information and materials and expressly disclaims liability for errors or omissions in this information and materials. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE IS GIVEN IN CONJUNCTION WITH THE SITE OR ITS CONTENT.
  6. Limitation of Liability. In no event will ARK or its affiliates, officers, directors, employees or agents be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Site or any linked site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if ARK or its representatives, are advised of the possibility of such damages, losses or expenses.
  7. Third Party Information. From time to time, information, including data and reports prepared by outside third parties (non-affiliates of ARK), may appear on the Site. By accepting these Terms of Use, the user acknowledges that such third party information is for the user's personal use only and that the user will not retransmit, disseminate, reproduce or republish it in any form without ARK's prior consent. The user acknowledges that while such third party information is obtained from sources that are believed to be reliable, all such information is provided as-is solely for the user's convenience and no representations, warranties or guarantees are made by ARK or any provider of such third party information as to the accuracy, completeness, timeliness or correct sequencing thereof. Third party information has been prepared as of the date(s) indicated and may become unreliable because of subsequent market or economic circumstances. Neither ARK nor the provider of such information is under any obligation to update such information or continue to offer such information.
  8. Submissions. All information submitted to ARK via the Site shall be deemed and remain the property of ARK and ARK shall be free to use, for any purpose, any idea, concepts know-how or techniques contained in such information. Notwithstanding the foregoing, nothing contained herein shall be construed as limiting or reducing ARK's responsibilities and obligations to users' personal privacy in accordance with laws and regulations applicable to ARK.
  9. Availability. The 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 local law or regulation. ARK reserves the right to terminate, without prior notice, any person's access to this Site in its sole discretion.
  10. Governing Law and Injunctive Relief. All use of the Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of New York without giving effect to the conflict of law provisions thereof. The user hereby acknowledges and agrees that ARK may be irreparably harmed by any violation of these Terms of Use and that ARK shall be entitled to injunctive relief to enforce these Terms of Use. The user hereby agrees to waive any requirement for the securing or posting of any bond in connection with such remedy.
  11. Not an Offer. The information included on this Site does not constitute an offer of any securities or investment advisory services. An offer of interest in an ARK investment fund will be made to qualified investors exclusively by means of a definitive private offering memorandum containing detailed information concerning an investment in the fund, including material terms relating to fees, liquidity and risk considerations. Investments in private placement funds can be speculative and involve a high degree of risk. You should carefully review a fund's offering materials, including the relevant risk factors and consult with your tax, legal and financial advisors prior to making an investment in a fund.