OneFund Investments LLC Website Terms of Service
These Terms of Service are an agreement between you (“You,” “Investor,” or “User”) and OneFund Investments LLC (“OneFund,” “We,” or “Us”), which owns and operates the website www.onefundinvestments.com (the “Site”). These Terms of Service govern your access and use of the Site and related interactive features, applications, and their respective contents (collectively, the “Services”). By using the Services, you agree to be bound by the terms and conditions contained in these Terms of Service. If you do not agree to the terms and conditions contained in these Terms of Service, you may not access or otherwise use the Services.
We may, in our sole discretion, modify these Terms of Service with or without notice to you. The “Last Updated” date at the top of these Terms of Service will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms of Service have been modified, you are agreeing to such modifications. Therefore, you should review these Terms of Service prior to each use of the Services. In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS OF SERVICE ALSO INCLUDE A JURY WAIVER.
II. CONNECTIVITY, COMMUNICATIONS, PRIVACY
Normal carrier charges and taxes may apply to any content you obtain from the Services. OneFund is not responsible for any surcharges you incur from your telephone or internet service provider as a result of the use of the Services.You expressly agree that, as part of the Services, you may receive communications by email. You may stop receiving emails by clicking the unsubscribe links contained in such emails or by emailing your request to opt out to firstname.lastname@example.org.
III. COPYRIGHT; TRADEMARKS
You acknowledge that all materials on the Site, including the Services’ design, graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of OneFund or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms of Service or otherwise. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Except as expressly authorized by these Terms of Service or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of OneFund or the respective copyright owner. OneFund authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services (including, without limitation, any marks associated with any products available on the Service) are the sole property of OneFund and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of OneFund and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of OneFund and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of OneFund. OneFund will enforce its intellectual property rights to the fullest extent of the law.
IV. LINKS; THIRD PARTY WEBSITES
Links on the Services to third party websites may be provided as a convenience to you and are not intended to imply that OneFund endorses any of the information contained on those websites, unless expressly stated otherwise. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites are solely between you and such third parties. You agree that OneFund will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. OneFund expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from third-parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that OneFund shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Services.Any statements made or content uploaded, published, provided or displayed (collectively, the “Content”) by OneFund via any third-party website or social media platform (collectively “Social Media”) should not be construed as, nor is intended to be, an offer to sell or solicitation of an offer to buy any securities, or participate in any investment, or as investment, tax, financial, accounting, legal, regulatory or compliance advice.
OneFund reserves the right to remove any Content on our Social Media that we deem to be an investment testimonial, spam, offensive or otherwise inappropriate. OneFund does not adopt, approve or endorse any third-party Content posted on its Social Media and any such Content should not be attributed to OneFund. OneFund will not treat any Content posted on Social Media post as a formal complaint or notice. To submit a formal complaint or notice please contact email@example.com.
V. DISCLAIMER; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, ONEFUND AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES, VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “ONEFUND AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, ONEFUND AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONEFUND AND ITS AFFILIATED PARTIES ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
ALL SERVICES OBTAINED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ONEFUND AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE SERVICES LISTED ON OR THROUGH THE SERVICES.ONEFUND AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONEFUND AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF ONEFUND AND ITS AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO ONEFUND FOR ANY INFORMATION OR SERVICE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ONEFUND ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ONEFUND IS TO STOP USING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless OneFund and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of the Services, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Services.
VII. SERVICE USAGE
If you provide information through the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services. If you provide any information that is false, inaccurate, outdated or incomplete, or OneFund has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, OneFund has the right to prohibit any and all current or future use of the Services (or any portion thereof) by you.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.
You further agree that you will not access the Services by any means except through the interface provided by OneFund for access to the Services. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of OneFund is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations. You agree that you shall not disturb or interfere with the operation of the Services in any manner including without limitation by imposing an unreasonable or disproportionate burden on the network, software or hardware infrastructure of the Services.
No communication by OneFund, through the Services or through any other medium, should be construed as, or is intended to be, an offer to sell or solicitation of an offer to buy any securities, or participate in any investment. Your use of the Services neither constitutes an indication of interest in any offering nor involves any obligation or commitment of any kind. If an indication of interest is made, it may be withdrawn or revoked prior to being accepted, without any obligation or commitment of any kind, and any offer to sell or solicitation of an offer to buy securities, or participate in any investment, will only be made by means of an offering memorandum or other offering materials (the “Offering Materials”). No money or other consideration is being solicited and none will be accepted without you having been provided Offering Materials.
No communication by OneFund, through the Services or through any other medium, should be construed as, or is intended to be, investment, tax, financial, accounting, legal, regulatory or compliance advice. OneFund is not a registered investment adviser or registered broker-dealer and does not provide investment recommendations or advice of any kind. OneFund does not make any representation or warranty, express of implied, regarding the legality or suitability of any investments described through the Services.
The opinions and analysis contained in any materials provided through the Services or through any other medium may be based on published and non-published sources prepared by unrelated third parties. While such sources are believed to be reliable and written in good faith, they have not been independently verified and no representation or warranty, expressed or implied, is made as to the accuracy, completeness, or timeliness of such information. Except where otherwise indicated, any materials provided through the Services or through any other medium are based on information in existence as of the date of preparation, and not as of any future date, and will not be updated or otherwise revised to reflect information that subsequently becomes available, or circumstances existing or changes occurring after the date of preparation.
Prior to making any investment decisions, you should (i) conduct your own investigation and analysis, (ii) carefully consider an investment’s risk factors, investment objectives and strategy, fees and expenses, and any tax consequences that may result from investing, and (iii) consult with your own investment, tax, financial, accounting, and legal advisors.
Any investments described through the Services are only suitable for accredited investors who understand and are willing and able to accept the risks associated with such investments. Past performance is no guarantee of future results, and any expected returns or hypothetical projections may not reflect actual future performance. The value of an investment may go down as well as up, and you may lose some or all of the money that you invest. Furthermore, investing in private placements often requires long-term commitments and low liquidity needs. You should ensure that you have the financial capacity hold any investments that you make for an indefinite period of time, regardless of any resale restrictions, and only invest an amount that you can afford to lose.
Neither the U.S. Securities and Exchange Commission nor any state securities commission or federal or state regulatory authority has recommended or approved any investment described through the Services or has reviewed or approved the accuracy or completeness of any of the information or materials provided through Services.
VIII. MODIFICATION AND TERMINATION
These Terms of Service are effective unless and until terminated by either you or OneFund. You may terminate these Terms of Service at any time, provided that you discontinue any further use of the Services. OneFund also may terminate or suspend these Terms of Service, at any time, without notice, and accordingly deny you access to the Services, for any reason, including without limitation, if in OneFund’s sole discretion you fail to comply with any term or provision of these Terms of Service or your use is harmful to the interests of another user or OneFund and its Affiliated Parties. Upon any termination of these Terms of Service by either you or us, you must destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under these Terms of Service or otherwise.
OneFund reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Service, you agree that OneFund and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
You agree that OneFund may terminate or suspend your access to all or part of the Services, without notice, for any conduct that OneFund, in its sole discretion, believes is in violation of these Terms of Service or any applicable law or is harmful to the interests of another user or OneFund and its Affiliated Parties.
IX. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
(a) The Services are controlled and operated by OneFund from within the United States of America. OneFund makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any jurisdiction where they are prohibited by law, and that you, and not OneFund and its Affiliated Parties, are responsible for compliance with any applicable local laws.
(b) These Terms of Service shall be governed by the laws of the United States and the State of Delaware, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to these Terms of Service (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under Section IX(c) of these Terms of Service must be resolved exclusively by a court of competent jurisdiction, federal or state, located in the state of Delaware, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
(c) It is OneFund’s goal that the Services meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, OneFund is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with OneFund, you acknowledge and agree that you will first give OneFund an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: firstname.lastname@example.org.You then agree to negotiate with OneFund in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after OneFund’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
(d) You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Service or these Terms of Service, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate OneFund’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by OneFund and/or the applicable third party(ies). You and we acknowledge that these Terms of Service affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms of Service (despite any other choice of law provision).
Arbitration under these Terms of Service shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE SITE OR THE SERVICE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT OUT OF THIS PART OF THESE TERMS OF SERVICE BY SENDING AN EMAIL TO email@example.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms of Service.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND ONEFUND BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
X. SEVERABILITY; INTERPRETATION
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms of Service, the term “including” shall be deemed to be followed by the words “without limitation.”
XI. ENTIRE AGREEMENT
The failure of OneFund and its Affiliated Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms of Service.The “Disclaimer; Limitation of Liability” provisions of these Terms of Service are for the benefit of OneFund and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
XIII. CONTACT INFORMATION
If you have any comments, questions, or complaints regarding these Terms of Service or the Services, or wish to report any violation of these Terms of Service, please contact us at firstname.lastname@example.org. We will address any issue to the best of our abilities as soon as possible.