Last Updated and Effective January 13, 2023
You provide ARCM with Personal Information, such as your name, address, telephone number, social security number, assets and/or income information (i) when you visit this Site; (ii) in the Subscription Agreement and related documents, (iii) in correspondence and conversations with ARCM’s representatives; and (iv) through transactions in ARCM.
ARCM does not disclose any of this Personal Information to anyone, other than to its affiliates, and except as permitted by law, such as to ARCM’s attorneys, auditors, brokers and regulators and certain service providers, such as a third party that hosts this website, but, in all such cases, only as necessary to facilitate the acceptance and management of your investment. Thus, it may be necessary, under anti-money laundering and similar laws, to disclose information about investors in order to accept subscriptions from them. ARCM will also release information about you if you direct ARCM to do so, if compelled to do so by law, in connection with any government or self-regulatory organization request or investigation or if information is required to facilitate the partnership’s investments.
ARCM may also use your Personal Information to protect the security and integrity of the Site, to prevent or investigate fraud or other unlawful activity and to detect security incidents. We do not sell any Personal Information.
We may send text files (e.g., “cookies” or other cached files) or images to your web browser to collect and/or store information on your computer. Such text files and images are used to support the operation of our digital offerings and for the technical convenience to store information on your computer. We may use information stored in such text files and images to customize your experience on our Site and to monitor use of our Site. You may set your browser to notify you when you receive a cookie. Many web browsers also allow you to block cookies. If you block cookies you may not be able to access certain parts or use all features of our Site. You can disable cookies from your computer system by following the instructions on your browser or at http://www.allaboutcookies.org/.
You acknowledge that under Delaware law other investors in ARCM may be entitled to review the books and records of ARCM’s fund(s) and are entitled to see a list of investors and their capital commitments and capital contributions. You explicitly consent to disclosure of the fact of your investment in such fund(s), your mailing address and your capital commitments and capital contributions to other investors in such fund(s).
ARCM may also disclose information you provide to ARCM to companies that perform marketing services on its behalf, such as a placement agent. If such a disclosure is made, ARCM will require such third parties to treat your private information with confidentiality.
ARCM does not currently offer its products or services to natural persons resident in the European Union or the United Kingdom (“EEA/UK”) and, accordingly, is not required to comply with the EU General Data Protection Regulation (“GDPR”). Any personal data, as defined by the GDPR, provided to us by you will be processed in the United States or other jurisdictions outside the EEA/UK which may not afford the same protections of personal data as under the GDPR or equivalent laws in the UK.
ARCM seeks to carefully safeguard your private information and, to that end, restrict access to Personal Information about you to those employees and other persons who need to know the information to enable ARCM to provide services to you. ARCM uses commercially reasonable efforts to ensure that your Personal Information is kept secure and safe from any loss or unauthorized disclosure or use.
By accessing or using this Arias Resource Capital Management LP (“ARCM”) website (the “Site”), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. If you do not accept these terms and conditions, you may not use the Site. This User Agreement is a binding agreement between you and ARCM, and governs your access and use of the Site, its text, graphics, user interface, which includes anes, visual interfaces, information, data, tools, products, services and other content (together, “Content”), and the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Site. ARCM reserves the right to right to modify this User Agreement without notice, and each use of the Site constitutes your acceptance to be bound by the terms set forth in this User Agreement as modified at the time of such use. You may contact ARCM by e-mail at [email protected] with questions about the terms and conditions of this User Agreement.
- ARCM grants you a limited right to use the Site.
- Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.
- At any time and for any reason ARCM may revoke your right to use all or any portion of the Site.
- You may not violate or attempt to violate the security of the Site.
- The Site is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by ARCM, its affiliates and/or third parties.
- You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
- You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
- ARCM grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy, and print pages from the Site for your personal and noncommercial use only. You may discuss information that you learn from the Site with your financial, legal or tax advisors, and others with whom you share investment decisions.
- You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
- You represent and warrant that:
– you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
– you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and
– you will not delete any Content.
- If you believe that any of this Site’s content violates your or a third party’s copyright, please notify us at [email protected] by providing the following information:
– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
– A description of the copyrighted work that you claim has been infringed;
– A description of where the material that you claim is infringing is located on this Site;
– Your address, telephone number, and email address;
– A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
– A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
- Nothing on the Site is an offer or solicitation to buy or sell any securities, financial instruments, investments, or other services.
- The Site may contain forward-looking statements, which reflect ARCM’s current views with respect to, among other things, ARCM’s operations and performance. You can identify these forward-looking statements by the use of words such as “anticipate” “approximately,” “believe,” “continue,” “estimate,” “expect,” “intend,” “may,” “outlook,” “plan,” “potential,” “predict,” “seek,” “should,” or “will,” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. ARCM undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
- Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.
- ARCM does not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable.
- Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice.
- If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs.
- All materials on this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures, or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
- THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.
- Dated Content speaks only as of the date indicated.
- ARCM makes reasonable efforts to provide accurate Content, but at times ARCM may not promptly update or correct the Site even if it is aware that it is inaccurate, outdated or otherwise inappropriate.
- ARCM may change all or any portion of the Site at any time without notice to you.
- ARCM does not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party.
- You agree that ARCM is not liable for any action you take or decision you make in reliance on any Content.
- You may not disclose any Content to any third party, except to your financial, legal or tax advisors, and others with whom you share investment decisions.
- All or any portion of the Site may not be available and may not function properly at any time.
- ARCM makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
- ARCM takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but disclaims liability for any interception of data or communications.
- ARCM makes reasonable efforts to ensure that the Site is secure but does not guarantee the security of the Site.
- ARCM is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
- ARCM is not liable for any defects, delays or errors in or resulting from your use of the Site.
- If you access any third party website through the Site or otherwise, you do so at your own risk.
- Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us.
- ARCM may monitor and record activity on the Site for any reason or for no reason.
- ARCM may investigate any complaint or reported violation of its policies.
- ARCM may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate.
- ARCM may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that it deems appropriate.
- THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
- ARCM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF:
– FITNESS FOR A PARTICULAR PURPOSE, AND
– NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS.
- WITHOUT LIMITING ITS GENERAL DISCLAIMER, ARCM DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
- IN NO EVENT WILL ARCM OR ANY OF ITS AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE, OR TRANSACTIONS ENTERED INTO THROUGH THE SITE.
- ARCM’S LIABILITY IS LIMITED EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE.
- UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF ARCM, ITS AGENTS AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
- You agree to indemnify, defend and hold harmless ARCM and its affiliates, agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to:
– your use of the Site,
– your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement,
– your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or
– claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.
- With respect to the resolution of any such controversy, you further acknowledge that:
– Arbitration is final and binding on the parties.
– The parties are waiving their right to seek remedies in court, including the right to jury trial.
– Pre-arbitration discovery is generally more limited than and different from court proceedings.
– The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
- Any arbitration under this User Agreement shall be conducted in New York City before a panel of three (3) arbitrators pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, except to the extent that such rules are modified by this User Agreement. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.
- No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:
– the class certification is denied;
– the class is decertified; or
– the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this User Agreement except to the extent stated herein.
- Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. All other issues shall be governed by the law of the State of New York, without regard to its choice of law rules.
- Modifications will be effective immediately upon posting unless ARCM indicates otherwise.
- Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.
- ARCM may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
- If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this User Agreement shall remain in full force and effect.
- This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and ARCMconcerning the subject matter hereof.