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.
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 will not:
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 "Forum").
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 license.
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 Site.
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 products.
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 RESOURCES.
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 additional rights.
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 [email protected] 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 protected]
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 [email protected] 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 © 2013 Artivest Holdings, Inc. All Rights Reserved.