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Terms & Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT http://www.ClearArcCapital.com/ (“WEBSITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE.

CLEARARCCAPITAL, INC. (“ClearArc Capital”) RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. PLEASE REVIEW THESE TERMS PERIODICALLY FOR CHANGES, AS SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING THE WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THE TERMS AS MODIFIED.

Disclaimer

Nothing contained on this Website constitutes tax, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a solicitation or offer by ClearArc Capital or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor. In exchange for using this Website, the visitor agrees to indemnify and hold ClearArc Capital, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of this Website, from your violation of these Terms or from any decisions that the visitor makes based on such information.

The information and services provided on this Website are provided "AS IS" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, ClearArc Capital disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. ClearArc Capital does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. ClearArc Capital expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.

The information presented on www.ClearArcCapital.com is general communication and educational in nature. The information displayed is for informational purposes only and is not designed to be a recommendation of any specific investment product, strategy, plan design or for any other purpose. By providing this information, none of ClearArc Capital or its employees has the responsibility or authority to provide or has provided impartial investment advice. This information does not suggest taking or refraining from any course of action. In addition, this information should not be viewed as an investment recommendation because it is provided as part of the general marketing and advertising activities of ClearArc Capital.

Fund and Adviser Disclosures

Investments in a ClearArc Capital product or client account are not bank deposits and are not insured or guaranteed by the Federal Deposit Insurance Corporation, any other government agency or any bank.

Trademarks, Copyrights and other Intellectual Property

The content contained on this Website is owned or licensed by ClearArc Capital and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including all text, images, audio, and video, without ClearArc Capital 's written permission. Modification or use of the materials for any other purpose violates ClearArc Capital 's intellectual property rights.

All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to ClearArc Capital and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of ClearArc Capital or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.

The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

Links to Other Websites

ClearArc Capital may establish links between this Website and one or more websites operated by third parties. ClearArc Capital has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of or representation or warranty by ClearArc Capital regarding such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. ClearArc Capital disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our Website.

Links to ClearArc Capital from Other Websites

You shall not display hyperlinks on your websites to any website owned or operated by ClearArc Capital. If you desire to display on your website a hyperlink to a ClearArc Capital website, you must enter into a written agreement with ClearArc Capital governing such display. Access to any ClearArc Capital website does not authorize you to use any of ClearArc Capital 's names, logos, trademarks or copyrighted material, and you agree not to do so without ClearArc Capital 's express written consent.

Transmissions to and From this Website

Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to ClearArc Capital, particularly those containing confidential information, may be sent by mail to: ClearArc Capital, Inc., 580 Walnut Street, MD 10GA6D, Cincinnati, Ohio 45263. Attn: Marketing / Webmaster. ClearArc Capital shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to ClearArc Capital through this Website. You acknowledge and agree that ClearArc Capital has granted you limited access to the specific files presented on the Website (“Approved Files”), and you agree not to attempt to access computer files other than the Approved Files.

Privacy Policy

Please review the Fifth Third Bank Privacy Policy for Consumers, which is a part of this Agreement and hereby incorporated by reference, to learn about our information collection practices and the measures we take to preserve the privacy and security of your information.

E-mail and Marketing

Investment professionals who complete the registration process to access the ClearArc Capital Investment Professional portion of the Website are at the same time granting ClearArc Capital permission to send them e-mail messages for marketing and general communication purposes at the e-mail address they have provided. This service may be discontinued at any time by responding to the email with "Unsubscribe" in the subject line.

Jurisdiction and Governing Law

The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ClearArc Capital or its affiliates to any registration requirement within such jurisdiction or country. Each investment product and service referred to on this Website is intended to be made available to only U.S. residents. This Website will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.

The laws of the State of Ohio govern these Terms without regard to conflict of law provisions. If you take legal action relating to these Terms, you agree to file such action only in the Hamilton County Court of Common Pleas located in Cincinnati, OH, or the United States District Court for the Southern District of Ohio, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with ClearArc Capital, its affiliates or with any funds referenced in this site.

Limitation of Liability

CLEARARC CAPITAL AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE), EVEN IF CLEARARC CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.

IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Timeliness of Content

All content on this Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Prohibited Uses

Except as otherwise stated in these Terms or as expressly authorized by ClearArc Capital in writing, you may not:

Use this Website in any manner that could damage or overburden any ClearArc Capital server, or any network connected to any ClearArc Capital server, as all servers have limited capacity and are used by many people;

Use this Website in any manner that would interfere with another party’s use of the Website;

Include the term “ClearArc Capital,” or any ClearArc Capital trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element;

Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from this Website, whether through links or otherwise (collectively, “Materials”), without ClearArc Capital’s permission, provided that generally available third-party web browsers may be used without such permission; or

Use this Website or the Materials in any manner that could create impression of affiliation, sponsorship or endorsement by ClearArc Capital.

Password Security and Notification

Certain parts of the Website are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by ClearArc Capital for your specific use. If you have a Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take all reasonable steps to protect the confidentiality of your PIN. Notify ClearArc Capital immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.

Unauthorized Use of Content

You agree to defend, indemnify and hold harmless ClearArc Capital, its affiliates and each of their respective officers, directors, members, partners, managers and employees against any losses, damages, claims, liabilities and costs (including reasonable attorneys fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content of this Website attributable to you or which occurs through the use of your ID.

Termination

ClearArc Capital may terminate your access to the Website for any reason, without prior notice.

Waiver

No waiver by ClearArc Capital of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.

Integration and Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

The preceding Terms of use represent the entire agreement between ClearArc Capital and the user relating to the subject matter herein.