Effective Date: Nov 4, 2024

These Terms of Use (the “Terms”) govern your access to and use of the website located at https://www.arlyncapital.com/ (the “Site”) and any related content, and investment (collectively, the “Investment”) provided by Arlyn Capital, LLC (“Arlyn Capital,” “we,” “our,” or “us”). By accessing or using the Site or Resources, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or Resources.

1. Acceptance of Terms

By accessing or using our Resources, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify these Terms at any time. Continued use of the Resources after such modifications constitutes acceptance of the revised Terms.

2. Eligibility

The Resources are intended for users who are at least 18 years of age or the age of legal majority in your jurisdiction. By using the Resources, you represent and warrant that you meet these eligibility requirements.

3. Use of Resources

Arlyn Capital provides various Resources, including but not limited to, business advisory, capital raising assistance, and access to educational resources. The scope and availability of Funding may be subject to change without notice. You agree to use the Resources in accordance with all applicable laws and regulations and in a manner consistent with the intended purpose of the Resources.

4. User Obligations

When using our Resources, you agree not to:

• Violate any applicable local, state, national, or international law or regulation.

• Infringe upon or violate the intellectual property rights or privacy rights of others.
• Engage in any activity that disrupts or interferes with the proper functioning of the Site or Resources.
• Attempt to gain unauthorized access to any part of the Site, other user accounts, or computer systems and networks.

Arlyn Capital reserves the right to terminate your access to the Resources if you engage in prohibited conduct or otherwise violate these Terms.

5. Intellectual Property Rights

The content, design, trademarks, logos, and other materials provided on the Site are the property of Arlyn Capital or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or perform any of the content without prior written consent from Arlyn Capital.

6. User-Generated Content

Certain features of the Site may allow users to submit or share content, including but not limited to comments, posts, and feedback (collectively, “User Content”). By submitting User Content, you grant Arlyn Capital a non-exclusive, worldwide, royalty-free, transferable, sublicensable, and irrevocable license to use, reproduce, modify, and distribute your User Content in connection with the Resources. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any laws or infringe upon third-party rights.

7. Third-Party Links

The Site may contain links to third-party websites or Resources that are not owned or controlled by Arlyn Capital. These links are provided solely for convenience and do not constitute an endorsement by Arlyn Capital of the content, products, or Resources offered by such third parties. Arlyn Capital is not responsible for the practices, policies, or content of any third-party websites. You access these sites at your own risk.

8. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and share information about you when you use our Resources. By using our Resources, you consent to the collection and use of your information as outlined in the Privacy Policy.

9. Disclaimers

The Resources are provided on an “as-is” and “as-available” basis. Arlyn Capital makes no representations or warranties of any kind, express or implied, regarding the availability, accuracy, reliability, or suitability of the Resources for any particular purpose. To the maximum extent permitted by law, Arlyn Capital disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Arlyn Capital, its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Resources, even if advised of the possibility of such damages. In no event shall Arlyn Capital’s total liability exceed the amounts you have paid to Arlyn Capital, if any, for the use of the Resources during the 12 months prior to the event giving rise to the liability.

11. Indemnification

You agree to indemnify, defend, and hold harmless Arlyn Capital and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to your use of the Resources, violation of these Terms, or infringement of any third-party rights.

12. Termination

Arlyn Capital reserves the right to suspend or terminate your access to the Resources at any time, with or without cause, and without notice. Upon termination, your right to use the Resources will immediately cease. Arlyn Capital will not be liable for any damages resulting from termination of your access to the Resources.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Any disputes arising under or related to these Terms or the Resources shall be resolved exclusively in the state or federal courts located in Utah County, Utah.

14. Modifications to the Terms

Arlyn Capital reserves the right to modify these Terms at any time in its sole discretion. Any such modifications will be effective immediately upon posting on the Site. It is your responsibility to review these Terms periodically. Your continued use of the Resources following the posting of any modifications signifies your acceptance of those changes.

15. Contact Information

If you have any questions about these Terms or the Resources, please contact us at aj@ArlynCapital .com.