Overview
Gemini Fund Services, LLC ("Gemini") is a Nebraska limited liability
company offering transfer agent, fund accounting and mutual fund
administration services. Gemini's website is provided as a convenient
method to disseminate general information pertaining to its services as
well as provide access to additional information and services provided by
Gemini. No part of this website may be reproduced in any manner without
the express written permission of Gemini. Your use of this website is
subject to the following Terms and Conditions of Use ("Terms and
Conditions").
Terms and Conditions of Use
These Terms and Conditions are a binding contract between you and Gemini.
By using or accessing this website, you accept and agree to be bound by
these Terms and Conditions. Your use of the website is governed by the
version of the Terms and Conditions in effect on the date in which this
site is accessed by you. Gemini may modify these Terms and Conditions at
any time and without prior notice. You should review these Terms and
Conditions from time to time, as your continued use of this site signifies
your acceptance of any changes.
Information contained on this website is derived from sources believed to
be reliable. However, Gemini does not represent that this information is
complete or accurate and it should not be relied upon as such. All
opinions expressed herein are subject to change without notice. Gemini
does not provide accounting, legal or tax advice and no portion of the
Gemini website should be interpreted as such. All content on the Gemini
website is presented only as of the date published or indicated, and may
be superseded at any time. All content included on this site is the
property of Gemini and is protected by United States copyright laws. All
trademarks and service marks on the Gemini website belong to Gemini or an
affiliate, except for third-party trademarks and service marks, which are
the property of their respective owners. Accordingly, you may not copy,
distribute, modify, post or frame-in this site, including any text, logos,
graphics, video, audio, software code or user interface design without the
express written consent of Gemini. This website and included materials do
not constitute an offer to sell, an offer to buy, recommendation to buy or
representation as to the suitability or appropriateness of any security,
financial product or instrument.
Means of Access
Certain parts of the Gemini website are protected by a User ID and
Password and require a login. You may not obtain or attempt to obtain
unauthorized access to such parts of the Gemini website, or to any other
protected materials or information, through any means not intentionally
made available by Gemini for your specific use. If you have a User ID and
Password for access to non-public areas of the Gemini website, you are
solely responsible for all activities that occur in connection with your
User ID and Password; therefore, you should take steps to protect the
confidentiality of this information. You agree to notify Gemini
immediately if you become aware of any disclosure, loss, theft or
unauthorized use of your User ID and Password.
Indemnification
As a condition of your use of the Gemini website, to the extent permitted
by law, you agree to indemnify and hold Gemini and its third-party
providers harmless from and against any and all claims, losses, liability,
costs and expenses (including but not limited to attorneys' fees) arising
from your use of the Gemini website, or from your violation of these Terms
and Conditions.
Limitation of Liability
GEMINI WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN
IF GEMINI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR
PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM ITS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL
DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, TRADING
LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE GEMINI
WEBSITE AND ANY THIRD-PARTY CONTENT.
Force Majeure
Gemini will not be liable for failure or losses caused by conditions and
events beyond its control including, without limitation: fire, electrical,
mechanical or equipment breakdowns, delays by third-party vendors and/or
communications carriers, civil disturbances or disorders, terrorist acts,
strikes, acts of governmental authority or new governmental restrictions,
market fluctuations or acts of God.
Links to Third-Party Websites
This website may contain links to third-party websites. Any links to
such third-party websites are provided solely as a convenience to you
and not as an endorsement by Gemini of the content on such third-party
websites, or any affiliation or association with its operators. Gemini
is not responsible for the content of linked third-party sites,
including, without limitation, any link contained in a linked site, or
any changes or updates to a linked site, and do not make any
representations regarding the information, services, products or
accuracy of any material contained on such third-party websites.
Changes to the Website
Gemini may terminate your access to the Gemini website or discontinue or
modify the Gemini website at any time without prior notice to you. Your
continued use of the Gemini website following any such modification will
constitute acknowledgement of your acceptance of said modifications.
Governing Law
Except as otherwise required by law, the Terms and Conditions of use for
this website are governed by the laws of the state of Nebraska without
regard to conflicts of law, and shall inure to the benefit of Gemini's
successors and assigns, whether by merger, consolidation, or otherwise.