LAST UPDATED: August 2016
Terms of Service
Please read this Terms of Service agreement (the “Agreement”) carefully. Your access to or use of the
Site (as defined below) constitutes your agreement to be bound by this Agreement.
This Agreement is between you and Artivest Holdings Inc. (referred to below as “Company,” “we,” and
“us”) concerning your use of the website located at http://artivest.co from which you are accessing
this Agreement (together with any successor site(s), the “Site”).
1. Acceptance of Terms. By accessing or using the Site, you agree to the terms of this Agreement and
to any additional rules and guidelines that we may post on the Site. We may make changes to this
Agreement (and to any such additional rules and guidelines) from time to time at our sole discretion;
we may notify you of such changes by any reasonable means, including by posting the revised version of
this Agreement on the Site. You can determine when we last changed this Agreement by referring to the
“LAST UPDATED” legend above. Your access to or use of the Site following changes to this Agreement
will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to this
Agreement shall not apply to any dispute between you and Company arising prior to the date on which we
posted the revised version of this Agreement incorporating such changes or otherwise notified you of
such changes. We may, at any time, modify or discontinue all or part of the Site; charge, modify or
waive any fees required to use the Site; or offer opportunities to some or all Site users.
BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT
AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
2. No Offer or Advice. You acknowledge that the content of the Site is for general, informational
purposes only and is not intended to constitute an offer to sell or buy any securities or other assets
or promise to undertake or solicit business, and may not be relied upon in connection with any offer
or sale of securities or other assets. Offers can only be made where lawful under, and in compliance
with, applicable law. We make no representations that any information provided via the Site is
accurate, current, reliable or complete. You are solely responsible for evaluating the risks and
merits regarding the use of the Site and any services provided herein. We are not utilizing the Site
to provide investment, legal, accounting, tax or other professional 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. Any transactions listed on the Site are included as representative transactions and are not
necessarily reflective of overall performance.
3. Forward-Looking Statements and Past Performance. The contents of the Site may contain
forward-looking statements that are based on beliefs, assumptions, current expectations, estimates,
and projections about the financial industry, the economy, the Company itself or its investments.
These statements are not guarantees of future performance and involve certain risks, uncertainties and
assumptions 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. Furthermore, the Company undertakes no obligation to
update, amend or clarify forward-looking statements, whether as a result of new information, future
events or otherwise. Furthermore, 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.
4. Offering Memoranda. Offering memoranda, including offers for interests in one or more funds, may be
accessible through the Site. Such interests are offered exclusively to financially sophisticated, high
net worth and institutional investors capable of evaluating the merits and risks of an investment in a
fund. Each offering memorandum, including any annexes and supplements thereto (collectively, the
“Memorandum” or “Memoranda”) is prepared in connection with the private placement of interests offered
thereby. No solicitation or offer to the public of or with respect to interests is intended to be made
by or on behalf of the underlying fund. The Memoranda accessed through this Site do not constitute an
offer of, or any solicitation, invitation by or on behalf of the fund to subscribe for or to purchase
interests in any jurisdiction in which such an offer or solicitation is not authorized or to any
person to whom it is unlawful to make such an offer or solicitation. The Memoranda constitute an offer
only to the offeree named on the cover page of the respective Memorandum (the “Offeree”) and only if
delivery of the respective memorandum is properly authorized by the general partner of the underlying
fund. The information in a Memorandum is furnished on a confidential basis exclusively for the
Offeree’s use and retention. The Memorandum shall not be copied, reproduced or distributed to any
person by the recipient or by any other unauthorized person at any time.
You acknowledge that any interests offered by an offering memorandum may be speculative, illiquid and
involve substantial risk, and you agree that by investing in a fund offered through the Site you
possess the financial ability and willingness to accept the risks and the lack of liquidity of
interests which can only be transferred or redeemed on a limited basis. You acknowledge and agree the
value of an investment in a fund can fall as well as rise; amounts permitted to be redeemed from the
fund may be limited, and under certain circumstances, redemption of interests may be suspended by the
fund at any time. You should refer to the Memoranda to understand their complete terms and conditions.
You acknowledge and agree that the contents of the Memoranda should not be construed as investment,
legal or tax advice. You are urged to seek independent investment, legal and tax advice concerning the
consequences of investing in any fund.
5. Jurisdictional Issues. The Site is controlled and/or operated from the United States, and is not
intended to subject Company to non-U.S. jurisdiction or laws, except as otherwise expressly stated in
this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of
the United States. If you access or use the Site, you do so at your own risk, and you are responsible
for complying with all local laws, rules and regulations. We may limit the Site’s availability, in
whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in
our sole discretion.
6. Information Submitted Through the Site. Your submission of information through the Site is governed
that all information that you provide to us is true, accurate and complete, and that you will maintain
and update such information regularly.
7. Rules of Conduct. While using the Site, you will comply with all applicable laws, rules and
regulations. In addition, we expect users of the Site to respect the rights and dignity of others.
Your access to and use of the Site is conditioned upon your compliance with the rules of conduct set
forth in this Section 7; your failure to comply with any such rule may result in termination of your
access to or use of the Site (or any part thereof) pursuant to Section 18 below. You agree that you
Post, transmit, store, distribute or otherwise make available through or in connection with the Site
any virus, worm, Trojan horse, Easter egg, time bomb, spyware, keystroke logger, rootkit or other
computer code, file, program or material that is or is potentially harmful or invasive or intended
to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Post, transmit or otherwise make available through or in connection with the Site any information or
materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b)
defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise
objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy
or any other proprietary right without the express written consent of the owner of such right.
- Use the Site for any fraudulent, harmful or unlawful purpose.
- Use the Site to harvest or collect personally identifiable information about users of the Site.
Interfere with, damage or disrupt the operation of the Site or the servers or networks used to make
the Site available; or violate any requirement, procedure, policy or regulation of such servers or
Restrict or inhibit any other person from using the Site (including by hacking or defacing any
portion of the Site).
Reproduce, duplicate, copy, modify, adapt, translate, sell, resell or otherwise exploit for any
commercial purpose any portion of (or any access to or use of) the Site without Company’s express
prior written consent.
Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is
expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials
originating from the Site.
- Frame or mirror any portion of the Site without Company’s express prior written consent.
- Systematically download and store Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to
retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent
the navigational structure or presentation of the Site, without Company’s express prior written
You also acknowledge and agree that you (and not Company) are responsible for obtaining and
maintaining all telecommunications, networking and computer hardware, equipment and services needed to
access and use the Site, and paying all related charges.
8. Registration; User Names and Passwords. We reserve the right to restrict access to all or part of
the Site at our discretion. Accordingly, you may need to register to use all or part of the Site. We
may reject, or require that you change, any user name, password or other information that you provide
to us in registering. Your user name and password are for your personal use only and should be kept
confidential; you, and not Company, are responsible for any use or misuse of your user name or
password, and you must promptly notify us of any confidentiality breach or unauthorized use of your
user name or password, or your Site account. We may disable your user name and password in our sole
discretion without notice or explanation.
9. Forums. We and/or our service providers may make available through the Site certain services (for
example, message boards, forums, blogs, chat functionality, messaging functionality and comment
functionality, among other services) to which you are able to post information and materials (each, a
Information contained in Forums may be provided by employees of Company as well as by third-party
visitors to the Site. Please note that Site visitors may post messages or make statements in the
Forums that are inaccurate, misleading or deceptive. Company and its shareholders, directors,
officers, employees, agents, affiliates, licensors, suppliers and service providers (collectively with
Company, the “Company Entities”) neither endorse nor are responsible for any opinion, advice,
information or statements made in the Forums by third parties. Without limitation, the Company
Entities are not responsible for any information or materials made available through the Forums
(including errors or omissions in Forum postings or links or images embedded in Forum postings) or
results obtained by using any such information or materials. Under no circumstances will the Company
Entities be liable for any loss or damage caused by your reliance on such information or materials.
The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such
opinions, and may not reflect the opinions of Company.
In addition, the Company Entities have no control over, and shall have no liability for, any damages
resulting from the use (including republication) or misuse by any third party of information
voluntarily made public through a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF
YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE
SITE, YOU DO SO AT YOUR OWN RISK.
10. Submissions. The Site may make available certain functionality (such as Forums) through which you
are able to post or send information and materials, including without limitation, text, images, audio
material, video material and audio-visual material (each, a “Submission”). For purposes of clarity,
you retain any ownership rights that you may have in any of the Submissions that you post, subject to
the terms and conditions of this Agreement. For each Submission that you make available through or in
connection with the Site, you hereby grant to us a world-wide, royalty-free, fully paid-up,
non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers)
license, without additional consideration to you or any third party, to: (i) reproduce, distribute,
publish, perform and display (publicly or otherwise), create derivative works of, adapt, modify,
translate and otherwise use and exploit such Submission, in any format or media now known or hereafter
developed, and for any purpose (including promotional purposes, such as displaying a user comment on
the front page of the Site as a testimonial), and (ii) to bring an action for infringement of these
rights, and you hereby represent and warrant that you have all necessary rights to grant the foregoing
11. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions
before or after they appear on the Site. We may disclose any Submissions and the circumstances
surrounding their transmission to anyone for any reason or purpose.
12. Company’s Proprietary Rights. We and/or our licensors and suppliers own the information and
materials made available through the Site. Such information and materials are protected by
intellectual property rights, including copyright, trademark, patent and/or other proprietary rights
and laws. We reserve all of our intellectual property rights in the Site and the information and
materials made available through the Site, and do not grant you any right or license with respect to
any such intellectual property. Except as expressly authorized in advance by us, you agree not to
reproduce, copy, modify, republish, rent, lease, loan, sell, transmit, distribute or create derivative
works based on, all or any part of the Site or any information or materials made available through the
Our trade names, trademarks and service marks include the Artivest word and logo mark and any
associated logos. All trademarks and service marks on the Site not owned by us are the property of
their respective owners. You may not use our trade names, trademarks or service marks in connection
with any product or service that is not ours, or in any manner that is likely to cause confusion.
Nothing contained on the Site should be construed as granting any license or right to use any trade
names, trademarks or service marks without the express prior written consent of the owner.
13. Transactions. Unless we expressly provide otherwise, any and all purchases made through the Site,
any and all services and products made available through the Site, and your use of such services and
products, are subject to additional terms in addition to this Agreement. If any such additional terms
irreconcilably conflict with the terms of this Agreement, such additional terms will govern.
References to any services or products on the Site do not imply our endorsement of such services or
14. Third Party Content. The Site may incorporate certain functionality that allows the routing and
transmission of, and online access to, certain digital communications and content made available by
third parties (“Third Party Content”). By using such Site functionality, you acknowledge and agree
that you are directing us to access and transmit to you Third Party Content associated with such
functionality. You understand that we do not control Third Party Content, and you agree that we are
neither responsible nor liable for any Third Party Content, including the accuracy, integrity,
quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party
Content. We have no obligation to monitor Third Party Content, and we may, in our sole discretion,
block or disable access to any Third Party Content (in whole or part) via the Site at any time. Your
access to or receipt of Third Party Content via the Site does not imply our endorsement of, or our
affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content
may be governed by additional terms and conditions that are not set forth in this Agreement or our
Third Party Content). This Agreement does not create any legal relationship between you and the
providers of such Third Party Content with respect to such Third Party Content, and nothing in this
Agreement shall be deemed to be a representation or warranty by us, or any of our affiliates, or our
or their respective directors, officers, employees, agents, representatives, licensors or providers
with respect to any Third Party Content.
15. Links to or From Other Sites. The Site may provide links to or feeds from websites and other
online resources. Except as otherwise expressly stated by us on the Site, we are not affiliated or
associated with the operators of any third party websites or other resources that link to or are
linked from the Site. Company expressly disclaims any responsibility for the accuracy, content, or
availability of information found on third party websites or resources that link to or are linked from
the Site. We cannot ensure your satisfaction with any products or services that are available through
any third party website or resource that links to or is linked from the Site, because these third
party websites and resources are owned and operated by independent entities. We do not endorse any of
the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of
the information, made available through any third party websites or resources, and we make no
representations or warranties as to the security of any information (including without limitation
credit card and other personal information) that you may provide or be requested to provide to any
third party, whether through such a third party website or resource, or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND OTHER ONLINE RESOURCES, INCLUDING YOUR USE OF ANY
CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH
RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH
Company shall have the right, at any time and at its sole discretion, to block links to the Site
through technological or other means without prior notice.
16. DISCLAIMERS; LIMITATION OF LIABILITY. THE SITE AND ANY GOODS, SERVICES, CONTENT, INFORMATION AND
MATERIALS (INCLUDING THIRD PARTY GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS) MADE AVAILABLE
THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS
WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND EACH OF THE COMPANY ENTITIES
DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO
THE SITE AND ALL GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING THIRD PARTY GOODS,
SERVICES, CONTENT, INFORMATION AND MATERIALS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE,
INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY OF DATA, NONINFRINGEMENT AND TITLE. THE COMPANY ENTITIES DO NOT GUARANTEE
THAT THE SITE, AND SERVICES AND INFORMATION ASSOCIATED WITH THE SITE, WILL BE SECURE, WILL FUNCTION OR
BE AVAILABLE WITHOUT INTERRUPTION OR ERRORS, OR WILL BE ACCURATE, COMPLETE AND UP-TO-DATE. YOU AGREE
THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING
ANY RELIANCE ON THE ACCURACY, COMPLETENESS, AVAILABILITY OR USEFULNESS OF ANY MATERIALS AVAILABLE
THROUGH THE SITE.
NONE OF THE COMPANY ENTITIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, UNDER ANY THEORY, INCLUDING
DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF
OPPORTUNITIES, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN
CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD
PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR
DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE COMPANY ENTITIES
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, SHALL BE LIMITED TO $10.00.
It is possible that applicable law may not allow for limitations on certain implied warranties, or
exclusions or limitations of certain damages; solely to the extent that such law applies to you, some
or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have
Third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized
third-party alteration to the Site, contact us at
firstname.lastname@example.org with a description of the material(s) at
issue and the URL or location of such material(s). We make no representation as to the completeness,
accuracy or currentness of any information on this Site.
17. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify
and hold harmless the Company Entities from and against any and all claims, losses, liabilities,
damages, costs and expenses (including attorneys’ fees) arising out of or relating to (a) your access
to, use of, or activities in connection with, the Site; (b) any violation or alleged violation of this
Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof
caused damage to or infringed upon or violated the rights of a third party, including past, present or
future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity,
or violation of any right related to the foregoing.
18. Termination. This Agreement is effective until terminated. Company, in its sole discretion, may
terminate your access to or use of the Site, your user name and password and/or any files or
information associated with your user name, at any time, without notice and for any reason, including
if Company believes that you have violated or acted inconsistently with the letter or spirit of this
Agreement (including if you repeatedly engage in copyright infringement via or in connection with the
Site). Upon any such termination, your right to use the Site will immediately cease. You agree that
the Company Entities shall not be liable to you or any third party for any termination of your access
to the Site or to any such information or files, and shall not be required to make such information or
files available to you after any such termination. Sections 2-5, 9–12, 14, 16–19 and 23–24 shall
survive any expiration or termination of this Agreement.
19. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance
with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law.
You agree to exclusive jurisdiction of the federal and state courts located in New York County, New
York State, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such
courts. You further agree that the United Nations Convention on the International Sale of Goods will
not apply to this Agreement.
20. Contact Us. If you have any questions regarding the meaning or application of this Agreement,
please direct such questions to email@example.com
21. Filtering. We hereby notify you that parental control protections (such as computer hardware,
software or filtering services) are commercially available that may assist you in limiting access to
material that is harmful to minors. Information identifying current providers of such protections is
available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online
(http://onguardonline.gov/). Please note that Company does not endorse any of the products or services
listed at such site.
22. Information or Complaints. If you have a question or complaint regarding the Site, please send an
e-mail to firstname.lastname@example.org.
You may also contact us by writing to 149 Fifth Avenue, 16th Floor, NY, 10010 or by calling us at
212-951-0027 California residents may reach the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd.,
Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
23. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”)
provides recourse for copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith that materials available on the
Site infringe your copyright, you (or your agent) may send Company a notice requesting that Company
remove the material or block access to it. If you believe in good faith that someone has wrongly filed
a notice of copyright infringement against you, the DMCA permits you to send Company a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See
http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: SIRS 1780 West
9000 South, Suite 310, West Jordan, Utah 84088, 866-568-7157.
We suggest that you consult your legal advisor before submitting a notice or counter-notice.
24. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership,
joint venture, employer-employee or agency relationship between you and Company. If any provision of
this Agreement is found to be unlawful, void or unenforceable, that provision will be deemed severable
from this Agreement and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or obligations under this
Agreement without our express prior written consent. Any such attempted assignment, transfer or
sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or
obligations under this Agreement without restriction. No waiver by either party of any breach or
default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any
heading, caption or section title contained herein is inserted only for convenience, and in no way
defines or explains any section or provision hereof. The term “including” as used herein means
“including without limitation.” This Agreement hereby incorporates by this reference any additional
terms that we post on the Site and, except as otherwise expressly stated herein, this Agreement is the
entire agreement between you and Company relating to the subject matter herein and supersedes any and
all prior or contemporaneous written or oral agreements or understandings between you and Company
relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by
regular mail, in Company’s discretion. Without limitation, you agree that a printed version of this
Agreement and of any notice given hereunder in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same extent and subject to
the same conditions as other business documents and records originally generated and maintained in
printed form. Company will not be responsible for failures to fulfill any of Company’s obligations due
to causes beyond its control.
Copyright © 2019 Artivest Holdings, Inc. All Rights Reserved.