Acorn’s Terms of Use

We thank you for visiting the Acorn Trade Finance website (“Acorn”, “we” or the “Company”). Acorn ’s commitment to you is respect for your privacy as a user of this website (the “Site”). These Terms of Use (“Terms”) pertaining to the use of the Site and constitute a legal and binding agreement between you and Acorn.

By visiting the Site, you have agreed to become subject to these Terms and Acorn’s Privacy Policy.  Both the aforementioned may be updated by the Company at any time at Acorn ’s discretion.  If and when updated, the new Privacy Policy and Terms of Use will be posted for you to view, and any changes will be effective subsequent to the revised posting.

Please feel free to contact us with any questions or comments regarding the Terms at Site@Acorncap.com.

I) Site Use, Information and Content

a) All information and content (trademarks, logos, copyrights and other intellectual property) displayed on the Site is owned by Acorn.  By visiting this Site, you agree to the following with respect to the Site information and content (the “Info / Content”):

1.    No copying or using any Acorn trademarks, service mark or logos or any third parties that appear on the Site without prior written consent from Acorn;

2.    No copying portions of the Site, Site interference or restricting or inhibiting others from accessing of using the Site;

3.    Unless explicitly received by Acorn, you may not utilize, forward, migrate to another website or modify or distribute any Info / Content of the Site;

4.    No deleting, disabling, deconstructing, decompiling or reverse engineering any or all portion of the Site;

5.    No downloading any pages from the Site without the express written permission of Acorn;

6.    If you link other websites to this Site, it cannot be implied that Acorn is affiliated with or endorsed such websites without the expressed written approval of Acorn;

7.    You shall be prohibited from (and shall not assist or encourage others) to violate any regulation, law, intellectual property or contractual rights or attempt to interrupt the security of this Site or attempt to gain access to the identities, information or network of computers via the Site;

8.    No transmission of any and all Site viruses, “time bomb”, worms or system interferences / corruptants;

9.    Although a limited, nonexclusive and nontransferable right has been granted to the Site, which is revocable (i.e., view, store, bookmark, download, copy and print pages), access is solely granted for personal and not for commercial use; and

10. The Company has the ability to monitor the Site for any unauthorized or offensive conduct and will take all appropriate actions in response.  Furthermore, Acorn may investigate any complaint or suspected violation of these Terms, and could report any activity relating to the Site to law enforcement officials, persons or other entities deemed reasonably appropriate;

II) Investment Disclaimers

a)    The Site is solely for general informational purposes.  Under no circumstances should information or materials presented on the Site be used or construed as an offer to sell, or as a solicitation of an offer to buy, any securities, financial instruments, investments, or other services.

b)    The Site is not intended or does not purport to provide specific investing advice or strategies.  Investments and strategies discussed in the Info / Content may not be suitable for all investors and are not intended to be obligations of or guarantees by Acorn. Any Acorn investment is not insured by the Federal Deposit Insurance Corporation or any other entity and is subject to risks, including the loss of the entire invested amount. Nothing contained in the Site should be construed as investment, tax, legal or other advice nor should it be relied upon in making an investment and / or other decisions.  Decisions based on the Info / Content are the sole responsibility of the user.  If you are seeking advice of any kind (accounting, investment, legal or tax), it is advised that you consult with your personal advisors regarding your specific circumstances.  Lastly, you agree that Acorn is not liable for any action taken or decision you make in reliance on any Info / Content.  The Company will not and does not view any Site users as investors, clients, partners, customers, or affiliated parties as a result of accessing the Site.

c)    Acorn is not representing that any future investment / transaction will or may achieve similar investment performance to those that were achieved in the past.  As such, significant losses may not be able to be avoided.  The invested amount and returns may oscillate, and your investment value may be less than your original investment amount.

d)    The Site contains or will contain forward-looking statements, which reflect Acorn ’s views with respect to, among other things, the market, opportunity, business, and investment performance.  These forward-looking statements can be identified with words such as, but not limited to: “anticipate”, “approximately”, “believe”, “continue”, “estimate”, “expect”, “may”, “potential”, “should”, “seek”, “will,” or the variations or comparable words.  These Forward-looking statements are subject to numerous risks and uncertainties.  Acorn undertakes no obligation to update or review any of the aforementioned statements, either because of new information or future developments.

e)    Any transactions described on the Site as Acorn having been involved in are merely included as for illustrative purposes only and may not be representative of all Acorn transactions.

III) International Use

a)    The Site is operated and controlled in the United States, and the Info / Content provided in or accessible through the Site is, unless otherwise specified, mainly for United States residents. Acorn makes no claims that the Site’s Info / Content is appropriate or is legally acceptable to be utilized or viewed in countries aside from the United States.  Site Access to prohibited countries and / or jurisdictions is illegal, and Acorn makes no representations any info / Content discussed on or accessible through the Site is available or appropriate for sale or use in all jurisdictions or by all users.  As such, users that access the Site from outside the United States are solely responsible for local law compliance.

IV) Linked Sites

a)    Acorn does not, and is not responsible, to review or monitor the 1) terms and conditions; 2) content; and 3) products and services of any websites linked to or from the Site.  Each user is instructed to review all the applicable the terms of use and privacy policies of any website visited, and Acorn renounces any responsibility for any policies and other practices of third-party internet websites linked from the Site.

V) Site Communication

a)    Any communication or content that you, as the user, send to the Site will be classified as non-confidential between you and Acorn.  As such, Acorn will have the ability to utilize this information in any way it sees fit, such as modification, reproduction, and distribution without any aspect of compensation.

VI) Disclaimer and Limitation of Liability

a)    Acorn, respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Acorn  Universe”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, including any representations or warranties with respect to title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery.

b)    While reasonable efforts are utilized to obtain information from reliable sources, Acorn does not warrant that the Site information is accurate, reliable, complete, or correct or that the Site will be available at any and all particular times or locations. Information or materials are provided “as is” and “as available”.  Acorn shall in no event be liable to any party for any claims, liabilities, losses, costs or damages, including but not limited to, any direct, indirect, punitive, special, incidental, or consequential damages (“Damages”) arising out of or in connection with any access, use or distribution of the Site.  This will remain true even if Acorn has been advised of the possibility of such damages or losses.

VII) Governing Law and Forum

a)    The laws of the State of New York govern these Terms.  Any dispute relating to these Terms of Use or your use of the Site shall be resolved solely in the state or federal courts located in New York County, New York, or the United States District Court for the Southern District of New York located in New York County, New York.  You agree to waive trial by jury in any such action.

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