Access to this website (the “Site”) of Armatus Capital Management, LLC (“ACM” and together with its affiliates, “Armatus”) is provided subject to the terms set forth herein.

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IF YOU VISIT THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE (THE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT GRANTED PERMISSION BY ACM OR OTHERWISE TO USE THIS SITE.

 

ACM reserves the right to make changes at any time to the Site or these Terms. Any modifications to the Terms will be effective upon posting. Your continued use of the Site following posting of any revised Terms will constitute acceptance of the modified Terms.

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Trademarks and Copyrights

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Armatus, Armatus’ logo and other marks displayed on our Site are the proprietary service marks or trademarks of Armatus. You may not use Armatus’ marks for any purpose, except to the extent as expressly agreed in writing by Armatus. In addition, Armatus’ marks may not be used in any manner that is likely to cause confusion among consumers or to disparage or discredit Armatus.

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All content that may be on or available via the Site (collectively, the “Content”), which may include, without limitation, works of authorship, marketing materials, reports, software, design, text, graphics, photos, logos, button icons, images, and data compilations; any improvements or modifications to such Content; any derivative works based thereon; and the collection, arrangement and assembly of all Content, will be the property of Armatus or its licensors and will be protected by United States and international copyright and other intellectual property laws.

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Use of the Site

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The Content will not be an offer to sell or a solicitation of an offer to buy any security or investment product or service, nor shall any such security, product, or service be offered or sold to any person, in any jurisdiction in which the offer, solicitation, purchase, or sale of such security, product, or service would be unlawful under the securities or other applicable laws of such jurisdiction. The Site is controlled or operated (or both) by ACM from the United States and is not intended to subject ACM to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some jurisdictions.  Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so.  We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.  As a result, this Site and the Content are directed solely at persons who are eligible to access such information and/or materials under applicable law and regulation. It is your responsibility to ensure that you satisfy the relevant criteria under applicable law and regulation in order to access the Site and the Content. ACM does not take any responsibility for the regulatory classification of users of the Site and/or for any reliance placed by any user on the Content.

 

The Site may include or provide access to information regarding ACM, and its services, products, publications, presentations and/or other materials proprietary to ACM. You may download, view, copy and print the information and materials on the Site and any other aspect of the Site (including any Content) (i) solely as contemplated by the Terms; and (ii) provided that neither the information or materials, nor any proprietary notices or disclaimers therein, are modified, obscured or altered. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of, or otherwise attempt to derive any source code of or relating to, the Site or any portion thereof or any Content.

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You agree you will not interfere with, disrupt, interrupt, restrict, prevent or disable, in any way, others’ use of or access to the Site or any portion thereof or resources utilized thereby and will not attempt to gain unauthorized access to the computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site (including any Content) which violates any local, state, national or international law, rule, regulation or order of any court in conjunction with your use of the Site.

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You agree to access the Site through a web browser and specifically agree not to use any third-party applications to access the Site or any other page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application, or data mining or extraction tool to access, monitor, copy or use the Site. You also agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.

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Except to the extent expressly agreed in writing by ACM, you may not use, download, upload, reproduce, copy, duplicate, print, display, alter, perform, republish, sell, lease, license, sublicense, assign or otherwise encumber, post, transmit, disseminate, republish, transfer, disclose, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any Content. In addition, you agree not to link to any page of the Site.

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Malicious Code

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You agree not to transmit to or via the Site any information which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable local, state, national or international law, rule, regulation or order of any court, in conjunction with your use of the Site (including any Content).

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Unauthorized Use of the Site

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ACM reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site. ACM’s decision not to pursue legal action for any violation of these Terms shall not be construed as a waiver of any provision of the Terms or any legal rights of ACM.

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Privacy

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The terms of the ACM Privacy Notice (available here) are hereby incorporated as part of these Terms.

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Third-Party Advertisements and Links to Third-Party Sites

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You acknowledge that, at any time, ACM may provide links to the websites of third parties via the Site. The display of any link does not imply endorsement by Armatus of the linked site or any content therein. Access to or use of such third-party websites may be conditioned upon your acceptance of separate terms of use specific to such third-party website. IN NO EVENT WILL ACM BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

 

The Content is not Investment Advice

 

The Content is intended for informational purposes only. Such Content is not intended to be, nor should it be construed or used as, legal, tax, accounting, regulatory or investment advice, nor an opinion or recommendation by ACM regarding the appropriateness of any investment, including any fund managed by ACM. ACM does not provide any legal, tax, accounting or regulatory advice or recommendations of any kind through the Site. You should not consider any Content to be a substitute for professional financial advice. The Content is impersonal and not tailored to the investment needs of any specific investor or type of investor. ACM makes no guarantees, assurances or representations that the Content is in any way guidance for any person or investor, or investors in general, to determine or analyze any product, instrument or investment or the suitability or desirability of investing in any particular security, product or instrument or securities in general. You understand that an investment in any security, financial product, transaction or investment strategy is subject to a number of risks.

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The Site may from time to time contain opinions pertaining to securities, financial products, transactions and investment strategies, and such opinions may differ from one to another. Any opinions, assumptions, assessments, statements, market commentary or the like (collectively, “Statements”) regarding past, current and/or future market conditions, themes, trends or events or which are forward-looking, including regarding portfolio characteristics and limits, constitute only subjective views, beliefs, outlooks, estimations or intentions of ACM, should not be relied on, are subject to change due to a variety of factors, including fluctuating market conditions and economic factors, and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond ACM’s control. Future evidence and actual results could differ materially from those set forth in, contemplated by, or underlying these Statements, which are subject to change without notice. In light of these risks and uncertainties, there can be no assurance and no representation is given that these Statements are now, or will prove to be, accurate or complete in any way. ACM undertakes no responsibility or obligation to revise or update such Statements. Statements expressed herein may not necessarily be shared by all personnel of ACM and its affiliates.

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THE INFORMATION DESCRIBED ON THE SITE ARE NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE (BY REASON OF THAT PERSON’S NATIONALITY, RESIDENCE OR OTHERWISE) SUCH DISTRIBUTION OR USE WOULD BE PROHIBITED OR CONTRARY TO ANY LAW OR REGULATION OR WOULD OBLIGATE ACM TO COMPLY WITH ANY ADDITIONAL LAW, REGULATION, REGISTRATION OR SIMILAR REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. PERSONS IN RESPECT OF WHOM SUCH PROHIBITIONS APPLY MAY NOT ACCESS THE SITE. NOT ALL PRODUCTS OR SERVICES OFFERED BY ACM ARE AVAILABLE OR OFFERED IN ALL JURISDICTIONS.

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Disclaimer of Warranties and Limitation of Liability

 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACM MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR ANY INFORMATION, CONTENT OR MATERIALS ON OR ACCESSED VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ACM DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION, CONTENT AND MATERIALS ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND ACM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM RELIANCE ON SUCH INFORMATION OR ANY OTHER ASPECT OF THE SITE BY YOU OR ANY OTHER PERSONS. FURTHER, ACM MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

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IN NO EVENT SHALL ARMATUS, OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY ARMATUS COMPANY (THE “ARMATUS PARTIES”) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY INFORMATION, CONTENT OR MATERIALS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

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Indemnification

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You agree to indemnify and hold the Armatus Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) use of the Site or any Content or any other persons receiving from you any Content you retrieve from the Site, to the extent permitted pursuant to these Terms; or (ii) your violation of any rights of any third party.

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Modification or Discontinuance of the Site by ACM

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At any time, without notice to you, and for any or no reason, ACM may modify or discontinue the Site or any Content. ACM shall in no way be held liable for any consequence which results from ACM’s decision to modify or discontinue providing the Site or any Content.

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Denial of Access

 

ACM may prohibit you from using or accessing the Site, in whole or in part, for any or no reason, at any time, in its sole discretion, without notice to you.

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Governing Law

 

The laws of the State of Minnesota will govern these Terms, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms or your use of the Site shall be brought in state or federal court in Minneapolis, Minnesota, and you consent to the jurisdiction of such courts.

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Miscellaneous

 

You may not assign or otherwise transfer these Terms or any rights or obligations hereunder. ACM’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless ACM agrees to such waiver in writing.

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If any portion of these Terms is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms set forth the entire understanding between you and ACM with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or Terms, whether oral or written, between you and ACM with respect to such subject matter.

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Contact

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If you have any questions relating to these Terms, the Site or ACM, please contact: info@armatuscapital.com.

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Notice and Procedure for Making Claims of Intellectual Property Infringement

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ACM respects the intellectual property rights of others. If you believe that any Content may infringe your copyrights or other intellectual property rights, please provide ACM the written information specified below. Please note that this procedure is exclusively for notifying ACM that your intellectual property rights have been infringed.

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• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;

• A description of the intellectual property right that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the Site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property 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 intellectual property owner or authorized to act on the intellectual property owner’s behalf.

 

ACM’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:

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Armatus Capital Management, LLC

c/o Derrick Bilderbeek

6331 Summit Circle

Chanhassen, MN 55317

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