Terms of Use
Updated on May 1, 2021
By accessing or using this website and any content provided herein (referred to as the "Site"), you fully agree to the terms and conditions for using the Site ("Terms of Use"). ARK Global Company Inc. and its affiliates (together referred to as "AGC") may modify the terms, conditions, and notices for this Site at any time without prior notice. Each time you access or use the Site, you are agreeing to the current terms and conditions as described in these Terms of Use.
1. Restricted Permission for Site Usage
Except as explicitly allowed hereunder, these Terms of Use and the Site do not grant, and shall not be interpreted as granting, any rights or licenses to you or any third party regarding any title, interest, or rights to use, replicate, or display any imagery, text, software, coding, trademarks, logos, or service marks on the Site, including but not limited to the name or logo of ARK Global Company Inc. or its affiliates. AGC fully reserves and will actively protect all copyright and trademark rights related to all content on the Site.
AGC provides you with a restricted, non-transferable license to view and access the Site for your personal, non-commercial, informational use only, including the right to print pages from the Site for such use. You are not permitted to alter, distribute, transmit, perform, replicate, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, symbols, designs, icons, images, or other materials, software, or code obtained from the Site.
2. Not a Solicitation for Securities Investment
At no point should any content on the Site be interpreted as an offer to sell or a request for an offer to purchase any stake in investment funds that are sponsored or managed by affiliates of ARK Global Company Inc. Offers or solicitations will only occur through the confidential information memorandum of each specific investment fund, and only in places where such offers are legally permitted.
Furthermore, these offers are only directed towards individuals who satisfy the specific investor suitability and sophistication criteria for each fund, including qualifying as accredited investors under the Securities Act, as amended. Similarly, access to information about these investment funds is restricted to individuals who meet the requisite investor suitability and sophistication standards.
3. No Warranty
AGC, along with its officers, directors, principals, agents, and employees, does not provide any guarantees or warranties, whether explicit or implied, about the accuracy, reliability, completeness, appropriateness, or any other qualities of the information and materials offered on or through the Site. The content on the Site is subject to alteration without prior notice. All such information and materials are furnished on an "AS IS" basis, without any type of warranty. AGC hereby additionally disclaims all warranties and conditions related to this information and materials, including all implied warranties and conditions of merchantability, suitability for a specific purpose, title, non-infringement, and availability.
4. Restriction on Liability
In accordance with the maximum extent allowed by relevant law, AGC and its officers, directors, principals, agents, and employees shall not be responsible for any claims, liabilities, losses, costs, or damages. This includes direct, indirect, punitive, incidental, special, or consequential damages that arise from, or are in any way related to, (I) the use or inability to use the Site, or any delays in using the Site; (II) any information and materials obtained through the Site; or (III) any other consequences of accessing and/or using the Site. These limitations apply regardless of the legal theories underpinning them, whether they be contract, tort, strict liability, or others, and even if AGC or any of its respective officers, directors, principals, agents, or employees have been notified of the possibility of such damages.
5. Connections to External Third-Party Websites
AGC does not necessarily endorse or assume responsibility for the content of websites linked to the Site, as these external sites have not been comprehensively reviewed by AGC. Additionally, AGC is not accountable for the privacy practices employed by these external websites. Your decision to link to or use any off-site pages or other websites is undertaken at your own risk. The presence of links on AGC’s Site to other websites does not suggest an endorsement of the content found on those linked sites.
6. General
These Terms of Use are subject to the laws of the Republic of Korea, excluding its conflict of law principles. By using the Site, you agree to the exclusive jurisdiction and venue of national courts in Seoul, South Korea, for resolving any disputes related to the use of the Site.
Unless it concerns requests about personal information (for which the address is provided in the Privacy Policy), any written notices to AGC should be sent via registered mail to ARK Global Company Inc., 200 Gonghangdae-ro, Seoul, South Korea, addressed to the General Counsel.
If any part of these Terms of Use is found invalid or unenforceable in any jurisdiction, it will be modified minimally so that it becomes valid and enforceable, and the rest of the Terms of Use will be interpreted to best reflect the intended purpose in that jurisdiction. Such modifications, invalidity, or unenforceability are limited to that specific provision and jurisdiction.
The trademarks “AGC,” “AGC Securities,” and the Triangle logo, along with related marks, images, and symbols, are the exclusive property of an affiliate of ARK Global Company Inc. These trademarks are registered or pending registration in the Republic of Korea and various other jurisdictions.