Terms of Use

Overview

Gemini Fund Services, LLC (“Gemini Fund”) is a Nebraska limited liability company offering transfer agent, fund accounting and mutual fund administration services. Gemini Fund’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 Fund. No part of this website may be reproduced in any manner without the express written permission of Gemini Fund. 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 Fund. 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 Fund 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 Fund 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 Fund does not provide accounting, legal or tax advice and no portion of the Gemini Fund website should be interpreted as such. All content on the Gemini Fund website is presented only as of the date published or indicated, and may be superseded at any time.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 Fund and is protected by United States copyright laws. All trademarks and service marks on the Gemini Fund website belong to Gemini Fund 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 Fund. 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 Fund 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 Fund website, or to any other protected materials or information, through any means not intentionally made available by Gemini Fund for your specific use. If you have a User ID and Password for access to non-public areas of the Gemini Fund 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 Fund 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 Fund website, to the extent permitted by law, you agree to indemnify and hold Gemini Fund 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 Fund website, or from your violation of these Terms and Conditions.


Limitation of Liability

GEMINI FUND WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF GEMINI FUND 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 FUND WEBSITE AND ANY THIRD-PARTY CONTENT.


Force Majeure

Gemini Fund 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 Fund of the content on such third-party websites, or any affiliation or association with its operators. Gemini Fund 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 Fund may terminate your access to the Gemini Fund website or discontinue or modify the Gemini Fund website at any time without prior notice to you. Your continued use of the Gemini Fund 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 Fund’s successors and assigns, whether by merger, consolidation, or otherwise.