Terms of Use and Disclosure

BY ACCESSING THIS WEB SITE AND ANY MATERIALS PRESENTED HEREIN (THE “WEBSITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS PERTAINING TO THE USE OF THE SITE IN THEIR ENTIRETY. ARS INVESTMENT PARTNERS, LLC AND ITS AFFILIATES (COLLECTIVELY “ARS INVESTMENT PARTNERS, LLC” OR “ARS”) RESERVES THE RIGHT TO CHANGE THE TERMS, CONDITIONS AND NOTICES UNDER WHICH THIS WEBSITE IS OFFERED WITHOUT NOTICE AT ANY TIME. EACH USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE THEN-CURRENT TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE.

 

No Offer of Securities

Under no circumstances should any material on this Website be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any investment fund sponsored or managed by ARS. Any such offer or solicitation can and will be made only by means of the Confidential Information Memorandum of each such investment fund, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such investment fund, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended. Access to information about the investment funds is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements.

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 ARS 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 ARS, 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.

 

No Guarantee or Assurance

There can be no assurance that any investment objectives described herein will be achieved.  Nothing herein is intended to imply that any investment strategy may be considered “conservative,” “safe,” “risk free” or “risk averse.”

This Website may contain forward-looking statements and projections that are based on our current beliefs and assumptions and on information currently available that we believe to be reasonable, however, such statements necessarily involve risks, uncertainties and assumptions, and prospective investors may not put undue reliance on any of these statements.

PAST PERFORMANCE IS NEITHER INDICATIVE NOR A GUARANTEE OF FUTURE RESULTS.  NO ASSURANCE CAN BE MADE THAT PROFITS WILL BE ACHIEVED OR THAT SUBSTANTIAL LOSSES WILL NOT BE INCURRED.

 

Business Continuity Plan

ARS has developed a Business Continuity Plan (the “Plan”) describing the ARS’s anticipated response to a range of events that could significantly disrupt its business.  Because the timing and impact of disasters, emergencies and other events is unpredictable, flexibility is necessary when responding to actual disruptions as they occur.  With that in mind, the goal of the Plan is to resume operations as quickly and smoothly as possible.

ARS’s Plan for responding to a Significant Business Disruption (SBD) addresses safeguarding of employees’ lives and ARS property, making a financial and operational assessment, quickly recovering and resuming operations, protecting all of the ARS’s books and records, and allowing the continued ability to serve investors and transact business.

ARS’s Plan anticipates events of varying scope including ARS-only business disruptions; regional or national disruptions; and disruptions of a pandemic nature. The Plan defines critical functions, staff assignments, alternate work locations, resource requirements, vital records, and assets related to recovering and restoring business operations with minimal impact. ARS continually assesses, updates and tests the Plan and looks for ways to improve its readiness for a SBD.

Transactions are processed either by the ARS’ custodian or by third-party broker/dealers. In the event of a SBD, the ARS’ clearing firm maintaining accounts registered in a customer’s name can grant those customers access to cash and securities upon request. If your accounts are held through a third-party broker/dealer you should review that broker/dealer’s business continuity plan disclosure.  However, no contingency plan, whether by the ARS, the ARS’ clearing firm, or a third-party broker/dealer, can eliminate all risk of service interruption or temporarily impeded account access.

 

External Links

The  Website contains links to third-party web sites on the Internet. ARS provides links to these other sites only as a convenience.  The inclusion of such links on our website does not constitute an endorsement, authorization, sponsorship, or affiliation by ARS with respect to the third-party, its owners, or its providers.  The linked sites are not under the control of ARS and as such ARS, is not responsible for the contents of any linked site or any link contained in a linked site. ARS is not responsible for the privacy practices or the content of such sites.

 

Limited License to Use the Website

Except as specifically permitted below, nothing contained in these Terms of Use or the Website itself either grant or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Website, including without limitation the name or logo of ARS.  ARS reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Website.

ARS grants you a limited, nonexclusive license to display and otherwise use portions of the Website solely for your own private, non-commercial informational purposes only, and to print pages from the Website only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Website.

 

Copyright

All material on this web site is protected by copyright, and other intellectual property rights.  You may view and print the material for your own personal non-commercial use only.  We do believe in the sharing of knowledge, but if you wish to distribute, transmit, reproduce or publish by electronic or any other means any part of this web site, you may only do so with prior written permission from ARS Investment Partners, LLC and agree to references ARS Investment Partners, LLC as the original content provider.  Please e-mail us at request@arsinvestmentpartners.com for requests of this kind.  You may not sell any part of this web site.

 

No Warranty

ARS INVESTMENT PARTNERS, LLC, AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ANY CONTENT OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. ARS INVESTMENT PARTNERS, LLC HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.

 

Limitation of Liability

IN NO EVENT SHALL ARS, AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF ARS INVESTMENT PARTNERS, LLC OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

Contact Information

If you have any questions about the privacy statement and other legal statements above, the practices of this web site, or your dealings with this web site, please contact legal@arsinvestmentpartners.com.

 

General

These Terms of Use are governed by the internal laws of the State of New York, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in New York, NY, USA, as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site.

Except with regard to requests pertaining to personal information (which address is provided in Section 4 above) any notice to ARS shall be given in writing and sent by registered mail to Stephen Burke, Managing Partner, ARS Investment Partners, LLC at 500 Fifth Avenue, 14th Floor, New York, NY 10110.

If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.