Terms of Use

General

Thank you for visiting the website of Arbor Investments Management, LLC and its affiliates (together, “Arbor”, “we”, “us” or “our”). By accessing and using this website, you accept and agree to be bound by these Terms of Use. You should read these Terms of Use carefully. If you do not accept and agree to be bound by these Terms of Use, do not access or use this website. Arbor may update or modify this website, including these Terms of Use, at any time and your continued access or use of this website after any such update or modification will constitute your acceptance of and agreement to be bound by the updated or modified Terms of Use. Arbor may, at its discretion, discontinue any of the content of this website, or any portion thereof, with or without notice.

No Offer or Advice

This website, including information regarding Arbor’s current and historical portfolio companies, is for general, informational purposes only. Prior investments should not be construed as a recommendation of any particular investment nor relied upon as an indication of future performance or other future outcomes. This website does not constitute an offer to sell or buy any securities, services or products and may not be relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.

Arbor is an investment adviser registered with the United States Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940, as amended. Registration of an investment adviser with the SEC does not imply a certain level of skill or training. Further information about Arbor is also available in Arbor’s Form ADV Part 2, filed with the SEC, available at www.adviserinfo.sec.gov.

This website is not to be used or relied upon for any investment purpose whatsoever. Nothing on the website 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. You are solely responsible for evaluating the risks and merits regarding use of the website and should obtain relevant and specific professional advice before making any investment decisions.

Performance Data

Any past performance on the Website is not a guarantee of future results and there can be no assurance that any present or future investment will or is likely to achieve comparable results to those achieved in the past, or that significant losses will be avoided.

Team Members

Operating Partners are not employees of Arbor, except for Tom Halverson. John Camp and Matthew Fallon are not employees of Arbor. Any compensation or expenses related to any services provided by Operating Partners and/or Functional Discipline Team members to the Arbor funds’ portfolio companies or prospective portfolio companies will be borne, directly or indirectly, by the applicable portfolio company or prospective portfolio company (or, with respect to services provided by the Operating Partners, directly by the applicable Arbor fund).

Forward-Looking Statements

Certain information on this Website constitutes forward-looking statements that can be identified by the use of forward-looking terminology such as “may”, “should”, “estimate”, “continue”, “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or the negatives thereof or other variations thereon or comparable terminology. Forward-looking statements are inherently uncertain and changing factors, such as those affecting the markets generally or those affecting particular industries, may cause events or results to differ from those discussed on this website. We undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future developments or otherwise.

No Warranties

We have compiled this site in good faith and while we use reasonable efforts to include accurate and relevant information on this site, the site is provided on an “as is” basis with no warranties of any kind. We do not warrant that the information on the site is accurate, reliable, up-to-date or correct, that this site will be available at any particular time or location, or that this site is free of viruses or other harmful components. Your use of this site and use or reliance upon any of the materials on it is solely at your own risk.

International Use

This site is operated and controlled by us in the United States. Due to the global nature of the Internet, this site may be accessed by users in countries other than the United States. We make no warranties that materials on this site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this site, then you should not do so. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.

Ownership; Intellectual Property

All content on this website, such as documents, charts, graphics and other materials, is the property of Arbor or others and is protected by copyright and other laws. The Arbor trademarks (whether registered or unregistered), service marks, images, logos and copyrighted material used and displayed on this website, are the property of Arbor. Other trademarks, service marks, images and logos may be owned by other parties, who may or may not be affiliated with Arbor. Nothing on this website shall be interpreted as granting, by implication, estoppel or otherwise, any license or right to use any content on this website without the written permission of our Arbor or such other third party that may own such content. All rights not expressly granted are reserved.

Restrictions on Use

This website may only be used for lawful purposes and in a lawful manner. Our prior permission is required for any commercial use of materials on this site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this website. You may not publish, broadcast, retransmit, reproduce, repackage, commercially exploit, create any derivative of or otherwise redistribute all or any portion of this website except as explicitly permitted by these terms of use. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You agree to comply with all applicable laws, statutes and regulations in connection with accessing and using this site. The permission to use this site granted by this Terms of Use automatically terminates if you breach any of the terms and conditions contained herein.

Limitation of Liability

Arbor, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents are not responsible for any damages or injury, including but not limited to special, indirect, incidental or consequential damages, that result from your use of (or inability to use) this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. You understand and agree that your use of this website is predicated upon your waiver of any right to sue us or our affiliates or any of our or their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents directly or to participate in a suit for any losses or damages resulting from your use of this site.

Linked Sites

This website has in the past and may in the future provide links to websites operated by other entities. In addition, third-party sites may be linked to this website, with or without Arbor’s consent. Arbor does not review or monitor any websites linked from or to this website and is not responsible for the content of any such websites. Accordingly, Arbor cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will Arbor be liable for any damages arising from access to such websites. Any links from or to other websites are provided merely for the convenience of users of this website and the inclusion of these links does not imply an endorsement, representation or warranty by Arbor with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Password and Security Notification

Certain areas of this website are password-protected, including the Investor Portal that is hosted on a separate website. If you have not received a password to access those areas, including the Investor Portal, you agree not to attempt to access any password-protected areas of the website. If you have been issued a password to access the Investor Portal or other password-protected areas of this Website, you agree that Arbor has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access information other than that to which you are entitled.

All information that Arbor provides using the Investor Portal is confidential and intended solely for the information of its intended recipient and/or such recipient’s financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the website, and for logging off any protected areas of the website when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify website immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party’s activity related to the Site. 

Governing Law

These Terms of Use are governed by the laws of the State of Illinois. Any dispute relating to these Terms of Use shall be brought solely in the state or federal courts located in Chicago, Illinois, and you agree that such courts shall have jurisdiction over you in connection with any such dispute. You must commence any cause of action you may have with respect to your use of this website within one year after the claim or cause of action arises or such claim or cause of action will be deemed to have been waived. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. The failure of Arbor to enforce the strict performance of any provision of these Terms of Use shall not be a waiver by Arbor of its right to subsequently enforce such provision or any other provision or provisions of these Terms of Use.