TERMS AND CONDITIONS OF USE

Introduction

These terms and conditions of use (the “Terms of Use”) are a contract between you and the Archview Investment Group LP (the “Company”).  The Company is the operator and host of the environment accessible through www.archviewlp.com (the “Site”).  References to the Company herein refer to the Company or its affiliates, subsidiaries and designees as deemed appropriate by the Company.  Individuals and entities that lawfully access the Site are, collectively, referred to herein as “Users” or “you.”

BY USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL DISCLAIMERS AND TERMS AND CONDITIONS THAT APPEAR ELSEWHERE ON 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.  ALTHOUGH YOU MAY “BOOKMARK” A PARTICULAR PORTION OF THE SITE AND THEREBY BYPASS THESE TERMS OF USE, YOUR USE OF THE SITE STILL BINDS YOU TO THESE TERMS OF USE.

Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may have with us (including without limitation any customer agreement, participation agreement or account agreement) (“Other Agreements”) that 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.  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, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.

YOUR COMPLIANCE WITH THESE TERMS OF USE AND ALL OTHER AGREEMENTS IS A CONDITION TO YOUR RIGHT TO ACCESS THIS SITE.  YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE OR OTHER AGREEMENTS 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.

The Company reserves the right to make changes to the Site and these Terms of Use at any time without prior notice to you. For this reason, each time you use the Site, you should visit and review the then current Terms of Use that apply to your use of the Site.  The date of the last revision or update appears at the bottom of these Terms of Use.

Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are 19 years of age or older.  If you are under the age of 19 you may not use or access the Site.  The Site does not knowingly collect personal information about children under the age of 13.

Tampering with any portion of the Site, providing untruthful or inaccurate information, misrepresenting the identity of a User, using buying agents or conducting fraudulent activities on the Site are prohibited and constitute a breach of these Terms of Use.

All materials, including images, text, data, illustrations, designs, icons, photographs, programs, music clips or downloads, systems and methods of trading, video clips and written and other materials, services and content (each, “Content” and collectively, the “Contents”) that are part of the Site are intended solely for personal, non-commercial use.  You may download or copy Content only to the extent such download is expressly permitted in writing on the Site, and only for your personal use.  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 Content, the Site or any related software.  All software used on this Site is the property of the Company or its suppliers and protected by U.S. and international copyright laws. For additional information, please see Copyrights and Trademarks below.

Third Party Content:  References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites 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 our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties, nor the Content of any third party sites, and do not make any representations regarding third party materials or services, or the Content or accuracy of any material on such third party sites. If you decide to click on a link to visit any such third party sites, you do so entirely at your own risk.

Business Information

When you use or access the Site, you give us your consent to collect, process, use, store, and disclose, in accordance with these Terms of Use, any nonpublic information or data that identifies you as an individual (“Personal Information”) and any proprietary, non-public material or information held by you (“Business Information”), which you submit or convey through your use of the Site.  We may access, store, use, process or otherwise handle such Business Information and Personal Information in connection with our operation of the Site, including but not limited to efforts to ensure proper operation  of the Site and proper access and security controls.

For additional information, please see the Privacy Notice below.

Access and Security

We strive to maintain physical, electronic, and procedural safeguards in compliance with applicable laws to help protect your Personal Information and appropriately limit access to it.  Depending on the area of the Site being accessed, these safeguards may include:

User names and passwords.  Users may not be able to access certain portions of the Site until they have entered a user name and password.

  • As a User, you are solely responsible for maintaining the secrecy of your password and other account information.
  • To maximize your level of protection, you should choose at least 6-30 characters, using a combination of both letters, numbers and characters for your password.

Encryption.  User data transmitted via the Site may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted.  Users cannot use any account or customization features of the Site unless their Web browser software supports such encryption.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you as a User or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) 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,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or posting; (f) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available on this Site and other than generally available third party web browsers; or (g) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of this Site.

Violations of system or network security may result in civil or criminal liability, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030).  We may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Privacy Notice

This Privacy Notice notifies you of our practices regarding our use of non-public Personal Information and Business Information obtained through the Site.

Personal information is information that identifies you specifically.  The types of Personal Information we collect and share depend on the contract or service you have with us.  Examples of the Personal Information we may collect and maintain include:

  • Contact and financial information like your name, email and physical addresses, phone numbers;
  • Demographic information including age, personal interests, product preferences and income bracket;
  • If you speak with a Company representative, perform an online transaction on the Site or call us, your interaction may be monitored or recorded;
  • Capital account or share balances and transactional history with us, our affiliates, our funds, or others;
  • Information from third party providers such as administrators, including but not limited to information to help prevent and detect fraud; and
  •  Automated information that may be collected when you interact with the Site, emails, and online advertising, which may include but is not limited to:
    • Technical information such as your internet protocol address, your computer’s operating system and browser type, the address of a referring website, if any, and the path you take through our web pages.  Further, our Web server may automatically collect information such as the address (or URL) of the Web site that you came from before visiting the Site, which pages you visit in the Site, which browser you used to view the Site and any search terms you may have entered on the Site, among other things;
    • Cookies used to recognize you as you use or return to the Site.  We 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 Web sites. 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’s features.

How We Use Your Information

We do not disclose any Personal Information to anyone, except as permitted by law, and may share your Personal Information only under the following limited circumstances:

  • We may share Personal Information with our affiliates, service providers or suppliers (collectively, “Associates”) that help with our business operations and in connection with servicing your account or processing your transactions. We require these Associates to protect this information in a manner consistent with this notice and prohibit them from using such information for any purposes inconsistent with those requested by us;
  • We may share Personal Information in special circumstances including in response to a valid court order, subpoena, government investigation, or as otherwise required by law or requested by a government or self-regulatory body. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may share certain personal information when we believe that such release is reasonably necessary or appropriate to protect the rights, property and safety of others and ourselves;
  • We may share Personal Information for our marketing purposes to offer our materials and services to you;
  • We may share Personal Information with companies or financial institutions that perform marketing services on our behalf or with other financial institutions with which we have joint marketing arrangements, subject to any legal requirements; and
  • We may transfer Personal Information in the event of a corporate sale, merger, acquisition, dissolution or similar event.

Warning about Fraudulent E-mails

“Phishing” is a scam designed to steal your Personal Information.  If you receive an e-mail that looks like it is from us asking you for your Personal Information, do not respond.  We will never request your Personal Information through e-mail.

Other Applicable Laws

The practices described above are in accordance with federal law including the Gramm-Leach-Bliley Act (GLB).  You may have other privacy protections under applicable state laws.  To the extent these state laws apply, we will comply with them when we share information about you.

Investment companies may have their own privacy statements that contain separate requirements and limitations from the provisions of our Privacy Notice. Copies of such statements can be obtained directly from such company’s sponsor or distributor.

California Residents.  California Civil Code sections 1798.83-1798.84 give California residents the right to ask us for a notice describing the categories of Personal Information we share with third parties or affiliates for their direct marketing purposes.  The notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it has been shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the email or regular mail address provided in the “Contact Us” section below.

Password Security

Certain parts of this Site may be protected by passwords or require a login.  You are responsible for maintaining the confidentiality of any user names, passwords, security questions and answers.  You understand that you are solely responsible for all transaction requests electronically transmitted, or use of any data, information or services obtained, using your passwords or other security data, and we have no duty to inquire as to the authority or propriety of any instructions given to us using your passwords or other security data and are entitled to act upon any such instructions without liability.  It is your responsibility to notify us immediately of: (i) any unauthorized use of your passwords and other security data or (ii) any discrepancy in your account. In addition, we will not be deemed to have received a request for a transaction unless and until we have acknowledged to you that your request has been received.  For more information, please see the Privacy Notice below.

No Investment Advice or Recommendations

The information and services provided at this Site are for your informational and educational purposes only.  You are solely responsible for evaluating the risks and merits regarding the use of this Site and any services provided herein.  Nothing contained herein constitutes a solicitation, recommendation, endorsement, or offer by us to buy or sell any securities or other financial instruments.

Forward Looking Statements. Certain information on this Site may contain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made.  The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify forward-looking statements.  We undertake no obligation to update publicly or revise any forward-looking statements.  Important factors that could cause actual results to differ materially from forward-looking statements may be found in our periodic reports filed with the Securities and Exchange Commission and the Annual Report to Shareholders.

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.

Your Investor Role and Country

Because the Site may be accessed internationally, you agree to comply with all local laws, rules and regulations with respect to your account 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 provided on this Site is not intended for access or use by any person or entity in any jurisdiction or country where such access or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Unless otherwise noted, the investment materials and services are intended to be made available only to residents of the jurisdiction that the user may be asked to select when entering the Site, and you represent that you have properly identified your jurisdiction and investor role and that we may rely on your representation.

Disclaimer

BY USING THE SITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER THE COMPANY NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER COMPANY NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT PROVIDED ON THE SITE OR THE MATERIALS OR SERVICES OFFERED ON THIS SITE. THE COMPANY AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE SITE, INFORMATION ON THE SITE OR THE RESULTS OBTAINED FROM USE OF THE SITE OR RELATED SERVICES.

Neither Company nor its Associates warrant that the Site or related services will meet your needs. Further, the Company makes no representation that Content provided on the Site is applicable to, or appropriate for use in, locations outside of the United States. No oral advice or written information given by the Company or its Associates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

All Content on the site is presented only as of the date published or indicated and may be superseded by subsequent market events or other circumstances; Company disclaims any responsibility to update the content. You are responsible for refreshing your screen or setting the cache settings on your Internet browser to ensure you are viewing the most current content. Your continued use of the Site following any modifications constitutes your binding acceptance hereof.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Any material downloaded or otherwise obtained through the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such material. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of the company has been advised of or should have knowledge of the possibility of such damages.

Indemnification

As a condition of your use of the Site, you agree to indemnify and hold the Company and its Associates harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees) arising from your use of the Site or related services or from your violation of these Terms of Use.

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company or by third parties who have licensed their materials to Company and are protected by U.S. and international copyright laws.  The compilation of all Contents on this Site is the exclusive property of the Company and is also protected by U.S. and international copyright laws.

Company and its Associates expressly reserve all intellectual property rights in all text, programs, products, processes, technology, Content and other materials which appear on this Site, unless stated otherwise.  Access to this Site does not confer and will not be considered as conferring upon anyone any license under any of Company’s or any third party’s intellectual property rights.

Company trademarks, service marks, trade names, domain names, trade dress or other proprietary logo or indicia (collectively “Trademarks”) are the property of the Company.  All other marks are the property of their respective companies.  No trademark or service mark license is granted in connection with the materials contained on this Site.  Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

For any information that you submit, including but not limited to comments and information provided related to services, you grant us a perpetual, worldwide,  irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such information and/or incorporate such information into any form, medium or technology, including in connection with marketing and promotional purposes.

Electronic Signatures

In the course of using this Site or receiving materials or services from us, you may be asked to consent to be bound by various agreements, including these Terms of Use.  If in connection with your use of the Site, while operating under your user ID, you select an “Accept our Terms of Use” checkbox you thereby agree that such action constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) or any variation of such electronic signature law adopted in any jurisdiction and that you have formed, executed, entered into, accepted the terms of, and otherwise authenticated the relevant terms or policies and acknowledged and agreed that such agreements are an electronic record for purposes of E-Sign and UETA and as such is completely valid, have legal effect, are enforceable, and are binding on, and non-refutable by you and the  individual or other entity on whose behalf you are acting while operating under your user ID.  You further represent and warrant that you have the legal right, power and authority to enter into such agreement on behalf of yourself and the individual or other entity on whose behalf you are acting while participating in the Site.

Consent to Receive Notices Electronically

To the extent permitted by applicable law, your use of the Site constitutes your consent to receive all communications from us, including notices, agreements, legally required disclosures or other information in connection with the Site or materials or services provided (collectively referred hereafter as “Notices”) electronically.  We will provide such electronic Notices by posting them on this Site.  The delivery of any such Notice is effective when posted, regardless of whether you read the Notice.  If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of this Site.

Termination of Use

These Terms of Use are effective unless and until terminated by either you or the Company.  You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site.  We also may terminate these Terms of Use, in our sole discretion, at any time and may do so immediately without notice, and accordingly deny you 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 this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise.

Contact Us

If you have any questions about the Site or these Terms of Use please contact us at info@archviewlp.com or at (203) 325-6300.  Electronic mail or other communications through the Site to Archview or its representatives may not be secure and we do not guarantee the confidentiality of such communications.

Governing Law

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 are governed by the laws of the State of Connecticut (except for conflict of law provisions).  Any claim related to any dispute arising as a result of the Site or under these Terms of Use will be made before a court of competent jurisdiction located in the State of Connecticut.  If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.  The failure of the Company 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 the Company’s rights with respect to such breach or any subsequent breaches.

Arbitration

By using this Site, you agree that the Company, at its sole discretion, may require you to submit any disputes arising from the use of this 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, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.

(Rev. August 2015)