Legal Notices and Terms of Use

Thank you for visiting the website of BlueArc Capital Management, LLC (“BlueArc”, “BAC”, “we” or “us”). By accessing this website (the “Site”), you agree to accept the following Terms of Use pertaining to the use of the Site, which constitute a legal agreement between you and BAC, as well as our Privacy Policy. If you do not accept these Terms of Use, you may not use the Site. BAC reserves the right to modify these Terms of Use without notice, and each use of the Site constitutes your acceptance to be bound by the terms set forth in the Terms of Use as modified at the time of such use.

Accuracy, Completeness and Timeliness of Information on This Site

BAC is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of BlueArc Capital Management. “BlueArc Capital” is a registered trademark of BlueArc Capital Management, LLC (and its affiliated entities) which is protected in the United States. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. BAC reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. We respect the intellectual property rights of others and request that you do the same. You are hereby informed that BAC has adopted and reasonably implemented a policy that provides for the termination of Site use in appropriate circumstances of Site users who are copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify us at the contact information listed herein.

Permitted Site Uses

BAC 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. Unless you receive our permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, or post it on another site. If you link other websites to this Site, you may not imply or suggest that BAC has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on the Site by electronic mail or otherwise, is and will be deemed to be non-confidential as between you and us and BAC shall have no obligation of any kind with respect to such information. BAC will be free to use, for any purpose, and without compensation due or payable to you, any ideas, concepts, know-how or techniques provided by you to BAC through the Site.

Password Security

This Site requires the use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify BAC immediately. BAC may assume that any communications BAC receives under your password have been made by you unless BAC receives notice otherwise.

Prohibited Site Use

BAC does not grant, by implication, estoppel or otherwise, any license or right to use material on this Site other than those set forth above, and you shall not make any other use of such material without BAC’s written permission. Without limiting the generality of the foregoing, you agree not to copy large portions of the Site (such as by bots, robots or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict or inhibit any others from using the Site. If you download any information or materials from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information or materials. You may not alter or modify the Content in your copies.

You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others through this Site. You may not transmit any virus, worm, time bomb or similar system interference or web corruption through this Site. BAC has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. We reserve the right to change or supplement our policies as to prohibited uses at any time to the fullest extent permitted by applicable law.

Site Links

This Site may contain links to other Web sites which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. BAC is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

International Site Use

The information or materials provided in or accessible through the Site are, unless otherwise specified, directed at residents of the United States, and are 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 BAC to any registration or other requirement within such jurisdiction or country. BAC reserves the right to limit access to the Site to any person, geographic region or jurisdiction. Unless otherwise expressly set forth herein, BAC makes no representations that transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users, or that access by any user in the place it is located is not illegal or prohibited. Users who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials on the Site under the laws of any applicable jurisdictions. You may not use or export the information or materials on the Site or accessible through the Site in violation of U.S. laws and regulations.

No Offers or Advice

No material at this Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of BAC or any other issuer. Offers can only be made where lawful under, and in compliance with, applicable law. BAC makes no representations that transactions, products or services discussed on this Site are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access this Site do so at their own initiative and are responsible for compliance with local laws or regulations. While BAC uses reasonable efforts to obtain information from reliable sources, BAC makes no representations or warranties as to the accuracy, reliability or completeness of any information or document at this Site obtained outside of BAC. Opinions and any other contents at this Site are subject to change without notice. BAC is not utilizing this Site to provide investment or other advice, and no information or material at this Site is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. Any transactions listed on this Site are included as representative transactions and are not necessarily reflective of overall performance. BAC does not advise on the tax consequences of any investment.

Investment Performance

Past performance is not indicative of future results. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment will fluctuate and, as a result, your redemption value may be more or less than original cost.

Limitation of Liability

You acknowledge and agree that you assume full responsibility for your use of the Site. You acknowledge and agree that any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Site is at your own risk and that the Site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither BAC nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the Site, or any other site you access through a link from this Site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the Site, or for any information, products or services advertised in or obtained through the Site, removal or deletion of any materials submitted or posted on its Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if BAC, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither BAC nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the Site. Your sole and exclusive remedy for any of the above claims or any dispute with BAC is to discontinue your use of the Site. You and BAC agree that any cause of action arising out of or related to the within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

Indemnity and Disclaimers

You agree to indemnify, defend and hold harmless BAC and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. BAC reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with BAC in the defense of such matter.

BAC and its officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the information or materials presented on the Site. Such information or materials are provided “as is” and “as available”. To the fullest extent permissible pursuant to applicable law, BAC specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy or completeness.

The investments and strategies discussed in the contents may not be suitable for all investors and are not obligations of BAC or any of its affiliates or guaranteed by BAC or any of its affiliates. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. You should obtain and carefully review the prospectus for an investment before making any investment decision. Decisions based on information or materials contained on the Site are the sole responsibility of the user.

Governing Law and Forum

The laws of the State of Georgia govern these Terms of Use. You agree that any legal action relating to these Terms of Use must take place only by binding arbitration in Atlanta, Georgia, and be conducted in accordance with the commercial arbitration rules (the "car") and the securities arbitration supplementary procedures of the american arbitration association (the "aaa"). You consent and submit to the personal jurisdiction of the arbitration process for the purpose of litigating any action with BAC. You agree that any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises or will be deemed to have been waived.

Integration and Severability; Waiver

This Agreement represents the entire agreement between BAC and the user relating to the subject matter herein. If, for any reason, a court of competent jurisdiction finds any provision in this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder shall continue in full force and effect.

No waiver by BAC of any right under or term or provision of this Agreement will be deemed a waiver of any other right, term, or provision of this Agreement at that time or a waiver of that or any other right, term, or provision of this Agreement at any other time.

Company Information

BlueArc Capital Management, LLC
One Buckhead Plaza
3060 Peachtree Road, Suite 1650
Atlanta, GA 30305
Tel. + 1 (404) 419-6130
Contact: info@bluearccapital.com