Effective Date: June 1, 2020
Welcome to www.Gen2Fund.com (the “Site”). The following user agreement states the terms and conditions for your use of the Site (“Terms”). The words “user,” “you” and “your” as used in this agreement refer to users of the Site, and if you are under the age of 18 years old, “you” and “your” also includes your parents or legal guardians. “We”, “us” and “Gen II” refers to Gen II Fund Services, LLC, located at 805 Third Avenue, New York, NY 10022, Gen II Luxembourg Services SARL, located at 3 boulevard Royal, L-2449 Luxembourg, Grand-Duchy of Luxembourg and its subsidiaries and affiliates.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
BY USING THE SERVICES, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THESE TERMS;
- YOU WILL COMPLY WITH THE TERMS; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE SERVICES.
CHANGES TO TERMS. We reserve the right, in our sole discretion, to change, modify, add or otherwise alter these Terms at any time. Such changes, modifications and/or alterations are effective immediately upon their posting here. Your use of the Site shall be deemed to confirm your acceptance of these Terms and any changes, modifications or alterations thereof. Your continued use after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous changes by posting the revised version of the Terms. When we modify these Terms, we will update the Effective Date above.
USE OF THE SITE
While using the Site, you will comply with all applicable laws, rules and regulations. Your use of the Site and Gen II’s Services is conditioned on your compliance with these Terms. Your failure to comply with these Terms may result in termination of your access to the Site.
You agree to not:
- Attempt to elude or elude the security systems of the Site;
- Attempt to gain access or gain access to the Site in a fraudulent manner;
- Attempt to obtain or ascertain any other user’s personal information by any means whatsoever;
- Use the Site for any purposes other than those intended by Gen II, as determined by Gen II in its sole discretion;
- Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment;
We further reserve the right to modify and/or discontinue the Site at any time without notice.
INTELLECTUAL PROPERTY OWNERSHIP
All materials contained on the Site, including but not limited to software, designs, text, images, photography, illustrations, audio clips, video clips, artwork, graphic material, animation or other copyrightable elements, the selection and arrangements thereof, and all trademarks service marks, and trade names, trade dress and patents (the “Material”) are the property of Gen II, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and patent laws. You agree not to reproduce, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, but not limited to the display and distribution of the Materials via a third party site) without prior written consent from Gen II.
You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
DISCLAIMER & LIMITATION OF LIABILITY
The Site and all materials contained on it are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either express or implied. We do not warrant that the functions contained in or on the Site will be uninterrupted or error-free, or that defects will be corrected. Gen II, and their respective officers, directors, members, employees, agents, licensors, and representatives are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Site or with respect to the information and material contained on the Site.
To the fullest extent permissible pursuant to applicable law, Gen II,
and their respective officers, directors, employees, agents, licensors, and representatives are not liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the Site or materials contained on the Site, even if we have been advised of the possibility of such damages. The entire risk as to the quality, accuracy, completeness, correctness, and validity of any material rests with you.
Notwithstanding the foregoing, in no event shall Gen II’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, to Gen II during the six (6) month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitations of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You agree to indemnify, defend, and hold harmless, Gen II and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your violation of any of these terms and conditions. You will use your best efforts to cooperate with us in the defense of any claim arising from or caused by conduct of yours that violates these terms and conditions. Gen II reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, provided that you fully cooperate with Gen II in asserting any available defenses.
These Terms are effective until termination. Gen II may, at any time and for any reason, terminate your access to or use of the Site, your account or any files or information associated with your account. These Terms automatically terminate when you fail to comply with any term or condition of them. Termination shall not limit any of Gen II’s other rights or remedies.
If any provision of these terms and conditions is found to be illegal, void or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.
No software from this Site may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
These terms and conditions contain the entire understanding of the parties hereto relating to the subject matter hereof.
These terms and conditions and all matters or issues collateral thereto are governed by, construed and enforced in accordance with the laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). Jurisdiction for all disputes arising from or relating to these terms and conditions shall be exclusively in the state or federal courts located in the State of New York, County of New York.