Effective date: February 7, 2018
Thank you for visiting Arch River Capital LLC (hereinafter referred to as this "Site"). This Site is owned and operated by Arch River Capital LLC (hereinafter “Arch River"). You should not access or use the Site until you have read and agree to these terms and conditions of use (the "Terms"). By using the Site, you agree to these Terms. If you do not agree to these Terms, you may not further use this Site and should redirect yourself immediately. You should check this Site and these Terms periodically for any changes or modifications. ARCH RIVER may modify this Site or any of the Terms at any time without notice to you. If ARCH RIVER makes material changes to the Terms we will post the revised Terms and effective date on this Site. Any new or modified Terms supersede all previous notices or statements regarding the terms and conditions of use with respect to this Site.
USE OF THIS SITE
ARCH RIVER provides you with access to use the Site subject to your compliance with the Terms. By using this Site, or submitting information through this Site, you represent that you are at least 18 years of age. If you are not at least 18 years of age, you may not use this Site. ARCH RIVER controls and operates this Site from our offices in the United States of America. We do not represent that materials on this Site will be appropriate or available for use in other geographic locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site.
The information contained in this website is made available for information purposes only. None of the information contained in this website constitutes a solicitation or offer by ARCH RIVER to buy or sell any securities or other financial instruments or provide any investment advice. The information on this website is limited to the dissemination of general information regarding products and services.
The information and services provided in this website are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or other regulatory or clearing organization where ARCH RIVER is not authorized to provide such information or services. Some products and services described in this website may not be available in all jurisdictions.
This Site may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission, and posting of information, and are responsible for the consequences of such posts on or through this Site. ARCH RIVER specifically prohibits the use of this Site for (a) posting any information which is false, inaccurate, illegal or not your own; (b) impersonating another person; (c) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation; or (d) transmitting or transferring (by any means) information or software derived from this Site to foreign countries or certain foreign nations in violation of US export control laws. In addition, you are prohibited from violating or attempting to violate the security of the Site or ARCH RIVER's systems or network security, including, without limitation, the following: (i) accessing data not intended for users of this Site or gaining unauthorized access to a server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of this Site, host or network. Violations of the Site's or ARCH RIVER's systems or network security may result in civil or criminal liability.
In the course of your use of this Site, you may be asked to provide certain information to us. ARCH RIVER's use of any information you provide through this Site shall be governed by these Terms. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. ARCH RIVER does not agree to any obligation of confidentiality, non-use or non-disclosure with respect to information submitted to ARCH RIVER. By submitting information to ARCH RIVER, you understand, acknowledge and agree that such information and/or materials will not be treated as confidential or proprietary. ARCH RIVER undertakes no obligation to review the information submitted by you or return such information to you. ARCH RIVER may receive information that is similar to the information you submit or may have already received information containing ideas and plans that are the same or similar to ideas and plans contained in information you submit to ARCH RIVER. In no event shall ARCH RIVER be limited or restricted from pursuing any opportunities either alone or with third parties.
ARCH RIVER PROPRIETARY RIGHTS
This Site, including all of its content such as text, images, audio, and the HTML used to generate these pages, ("Content"), are the property of ARCH RIVER or that of its suppliers or licensors and are protected by United States trademark or copyright laws and by other foreign laws. Except as otherwise provided herein, you may not use, download, copy, print, display, perform, reproduce, publish, modify, excerpt derivative works from, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without the specific written permission of ARCH RIVER. ARCH RIVER logos and service names are trademarks of ARCH RIVER (the "ARCH RIVER Marks"). Without ARCH RIVER's prior permission, you agree not to display or use ARCH RIVER Marks in any manner whatsoever. Nothing on this Site should be construed to grant any license or right to use any ARCH RIVER Mark without the prior written consent of ARCH RIVER. ARCH RIVER Marks may be registered in the United States and internationally.
LINKS FROM AND TO THE SITE
Express, written consent must be granted by ARCH RIVER for any type of link to the Site. ARCH RIVER reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Site, and to require termination of any such link to the Site. You may be able to link to third party websites ("Linked Sites") from this Site. Linked Sites are not, however, reviewed, controlled or examined by ARCH RIVER and ARCH RIVER is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any Linked Sites or any additional links contained therein. These links do not imply ARCH RIVER's endorsement or association with the Linked Sites. In no event shall ARCH RIVER be liable, directly or indirectly, to anyone for any loss or damage arising from the creation or use of the Linked Sites or the information or material accessed through those Linked Sites.
DISCLAIMER OF WARRANTIES.
This Site, including without limitation, all content, function, materials and services, is provided "as is," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. ARCH RIVER does not warrant that the site or the functions, content or services made available thereby will be timely, secure, uninterrupted or error-free, or that defects will be corrected. ARCH RIVER makes no warranty that the site will meet users' expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are not satisfied with the site, your sole remedy is to discontinue using the site.
LIMITATION OF LIABILITY AND INDEMNITY.
To the greatest extent permitted under applicable law, in no event shall ARCH RIVER, its affiliates or any of their respective directors, officers, employees, agents, or content or service providers, be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if ARCH RIVER or its representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of ARCH RIVER to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the site exceed, in the aggregate, $100.00. You agree to defend, indemnify and hold ARCH RIVER, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the site, your violation of these terms or the posting or transmission of any materials on or through the site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
You agree that the laws of the state of Washington, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You consent to the jurisdiction of the state and federal courts of Washington for enforcement of these Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any claim or cause of action you may have with respect to ARCH RIVER or this Site must be commenced within one (1) year after the claim or cause of action arose. The failure of ARCH RIVER to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations under these Terms without ARCH RIVER's express written consent. These Terms inure to the benefit of ARCH RIVER's successors, assigns and licensees. The Terms constitute the entire agreement between you and ARCH RIVER and govern your use of this Site, superseding any prior agreements between you and ARCH RIVER. You may also be subject to additional terms and conditions that are applicable to certain parts of this Site.