Terms of Service
Please read these Terms and Conditions carefully before using this Site. By accessing or using www.archwellcapital.com or any other website on which these Terms and Conditions are posted (collectively, the “Site”), you agree to be bound by these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms and Conditions, please do not access or use this Site.
01Content
a. This Site provides general information about Archwell Capital, including its business, portfolio companies, leadership, and activities. Archwell Capital reserves the right to modify, discontinue, or update any information on this Site at any time and without notice. Any information on this Site is current only as of the date it was published, and Archwell Capital undertakes no obligation to update it.
b. While Archwell Capital endeavors to ensure that the information on this Site is accurate and current, it makes no warranty as to the accuracy, completeness, or timeliness of any content, including text, graphics, links, or other materials. Inadvertent errors and inaccuracies may occur, and visitors should not rely on information on this Site without independent verification.
02No Investment Advice; Not an Offer
a. NOTHING ON THIS SITE CONSTITUTES OR SHOULD BE CONSTRUED AS AN OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO BUY, ANY SECURITY OR INVESTMENT PRODUCT, NOR DOES IT CONSTITUTE INVESTMENT ADVICE, FINANCIAL ADVICE, LEGAL ADVICE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE. THE INFORMATION ON THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT TAKE INTO ACCOUNT THE INVESTMENT OBJECTIVES, FINANCIAL SITUATION, OR PARTICULAR NEEDS OF ANY SPECIFIC PERSON. NO REPRESENTATION IS MADE THAT ANY INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DESCRIBED OR IMPLIED ON THIS SITE.
b. Any information on this Site relating to Archwell Capital’s portfolio companies, investment strategies, or activities is provided solely to illustrate the nature of Archwell Capital’s business and should not be relied upon in making any investment or other decision. Archwell Capital is not a registered investment adviser, broker-dealer, or financial planner. Access to this Site does not create any investment advisory, broker-dealer, fiduciary, or other professional relationship between Archwell Capital and the visitor.
c. Past performance of any investment, portfolio company, or strategy referenced on this Site is not necessarily indicative of future results. No representation is made that any investment will achieve results similar to those described or implied on this Site, and there can be no assurance that any investment objectives will be achieved.
d. This Site may contain information derived from or referencing third-party sources. Archwell Capital does not independently verify, and makes no representation as to the accuracy, completeness, or reliability of, any information obtained from third-party sources. Such information is provided for convenience only, and Archwell Capital accepts no responsibility or liability for any errors, omissions, or inaccuracies in third-party content.
03Portfolio Companies
Information on this Site relating to portfolio companies in which Archwell Capital has invested or is considering investing is provided for identification and informational purposes only. Access to such information does not create any relationship, contractual, fiduciary, advisory, or otherwise, between the visitor and Archwell Capital or any portfolio company. Visitors may not use information on this Site to solicit employees of Archwell Capital or any portfolio company, to approach portfolio companies for commercial purposes, or to seek to acquire interests in any portfolio company outside of a formal process authorized by Archwell Capital.
04Forward-Looking Statements
Certain information on this Site may contain forward-looking statements, including statements regarding Archwell Capital’s business strategy, portfolio companies, planned transactions, future operations, projected performance, and market outlook. These statements are based on current expectations and assumptions and are subject to known and unknown risks, uncertainties, and other factors that may cause actual results, performance, or achievements to differ materially from those expressed or implied. Forward-looking statements speak only as of the date on which they are made. Archwell Capital undertakes no obligation to update or revise any forward-looking statement, whether as a result of new information, future events, or otherwise. You should not place undue reliance on any forward-looking statements contained on this Site.
05Informational Purposes Only; No Reliance
The information on this Site is provided for general informational purposes only and is not intended to be relied upon as the basis for any investment, business, legal, tax, or other decision. References to specific portfolio companies, transactions, or individuals are illustrative only. Visitors are encouraged to seek independent professional advice before making any decision based on information appearing on this Site.
06Copyright and Trademarks
a. The Site and its original content, features, and design are owned by or licensed to Archwell Capital and are protected by applicable intellectual property laws. Certain content on this Site, including names, logos, trademarks, and materials relating to portfolio companies or third parties, may be owned by or licensed to those respective entities and is used on this Site for identification and informational purposes only. Nothing on this Site should be construed as granting any license or right to use any trademark, logo, or other content displayed on this Site without the prior written consent of the owner.
b. The original content on this Site is protected by copyright and applicable intellectual property laws. Archwell Capital grants you a limited, non-exclusive, non-transferable license to access and view the content on this Site for your personal, non-commercial use only. No content may be reproduced, distributed, or otherwise used without the prior written consent of Archwell Capital or the relevant rights holder. Any unauthorized use will result in immediate termination of this license.
c. The Archwell Capital name and logo are trademarks of Archwell Capital. They may not be used, copied, reproduced, or displayed without the prior written permission of Archwell Capital. Nothing on this Site grants any right or license to use any of Archwell Capital’s trademarks or those of any third party whose marks may appear on this Site.
07Third-Party Links
This Site may contain links to third-party websites. Archwell Capital disclaims liability for any information, materials, products, or services posted or offered at any of the third-party websites linked to this Site. By creating a link to a third-party website, Archwell Capital does not endorse or recommend any products or services offered or information contained at that website, nor is Archwell Capital liable for any failure of products or services offered or advertised at those websites. Archwell Capital may remove any third-party link at any time. Such third-party websites may have terms and conditions different from those of Archwell Capital. If you decide to visit a third-party website via a link on this Site, you do so at your own risk.
08Accessing the Site
a. This Site is intended solely for users who are 18 years of age or older. It is not directed at, and is not intended for distribution to or use by, any person or entity in any jurisdiction where such access or use would be contrary to applicable law or regulation, including applicable securities laws. Nothing on this Site constitutes a public offer or solicitation in any jurisdiction in which such offer or solicitation is not authorized. Persons accessing this Site from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws and regulations.
b. You may access and use this Site only for lawful purposes and in accordance with these Terms and Conditions. Without limiting the foregoing, you may not: (i) use this Site in any manner that could damage, disable, or impair the Site or interfere with any other party’s use of it; (ii) attempt to gain unauthorized access to any part of the Site or its underlying systems; (iii) scrape, harvest, or systematically collect any content or data from this Site by automated or other means; (iv) reproduce, distribute, or create derivative works from any content on this Site without the prior written consent of Archwell Capital or the relevant rights holder; or (v) use this Site for any unlawful, fraudulent, or unauthorized purpose.
c. Archwell Capital reserves the right to suspend or terminate your access to this Site at any time, with or without cause and without prior notice. Termination will not affect any legal proceedings between you and Archwell Capital commenced prior to the date of termination.
09Communications
If you contact Archwell Capital or submit any information through this Site, including via a contact form or email address, you acknowledge that such communication is not guaranteed to be secure or confidential. Archwell Capital does not commit to responding to all inquiries received through this Site. Any information you submit will be handled in accordance with our Privacy Policy. You should not submit any information through this Site that you consider sensitive, confidential, or proprietary. Submission of information through this Site does not create any obligation, advisory relationship, or engagement between you and Archwell Capital.
10Security
Archwell Capital employs reasonable technical and organizational measures to maintain the security and integrity of this Site. However, no website or internet transmission is completely secure, and Archwell Capital does not warrant that the Site or any information transmitted through it will be free from unauthorized access, interference, or other security vulnerabilities. Archwell Capital reserves the right to monitor activity on this Site to protect against unauthorized use, fraud, and other unlawful activity, and to comply with applicable law and valid legal process.
11Warranties, Limitations of Liability, and Indemnification
a. THE SITE AND ALL INFORMATION AND CONTENT PROVIDED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARCHWELL CAPITAL EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARCHWELL CAPITAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THIS SITE OR ANY CONTENT OR INFORMATION PROVIDED ON IT, EVEN IF ARCHWELL CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Archwell Capital’s liability is limited to the greatest extent permitted by law.
c. Archwell Capital assumes no responsibility and shall not be liable for any harmful code, malware, or security vulnerabilities that you may encounter as a result of accessing or using this Site or any content available through it.
d. Archwell Capital does not warrant or represent that your use of materials displayed on this Site will not infringe the rights of third parties not owned by or affiliated with Archwell Capital.
e. You agree to indemnify and hold Archwell Capital and its affiliates, officers, directors, employees, and agents harmless from and against any claims, losses, expenses, demands, or liabilities, including reasonable attorneys’ fees, arising out of or relating to your use of this Site in violation of these Terms and Conditions or any applicable law. Archwell Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any such claim or matter without Archwell Capital’s prior written consent.
12General Provisions
a. These Terms and Conditions are governed by the laws of the State of Florida and the United States, without giving effect to any conflict of laws principles. Any dispute arising out of or relating to these Terms and Conditions or your use of this Site shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Florida, and you hereby consent to the personal jurisdiction of such courts. Archwell Capital reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction.
b. Any cause of action or claim you may have arising out of or relating to these Terms and Conditions must be commenced within one (1) year after the cause of action accrues, failing which such cause of action or claim shall be permanently barred.
c. These Terms and Conditions and Archwell Capital’s Privacy Policy constitute the entire agreement between you and Archwell Capital with respect to this Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to this Site. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any other applicable terms, these Terms and Conditions shall govern.
d. If any provision of these Terms and Conditions is found to be invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and these Terms and Conditions will be interpreted as if the invalid or unenforceable provision had not been included. The section headings in these Terms and Conditions are included for convenience only and shall not affect the interpretation of any provision.
13Changes to These Terms and Conditions
You agree that Archwell Capital may from time to time amend all or any part of these Terms and Conditions, including, without limitation, changing the features and functionality of the Site. Archwell Capital will notify you of any material change to these Terms and Conditions as required by applicable law. Any such changes shall take effect as soon as they are posted on the Site as indicated by the “Last Updated” date above. Your use of the Site after the date that the changes take effect shall constitute your agreement to be bound by the terms of the change. You should also review these Terms and Conditions periodically for any changes.
14Contact Archwell Capital
If you have any questions about these Terms and Conditions, please contact Archwell Capital at hello@archwellcapital.com.