Terms and Conditions
Terms and Conditions
Last Updated: August 19, 2024
1. Acceptance of Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and The Funds Group, LLC ("Company," "we," "our," "us"). By accessing or using the website located at https://www.thefundsgroup.com ("Website"), you agree to be bound by these Terms. If you do not agree with these Terms, you should not access or use the Website.
2. Eligibility
By using our Website, you represent that you are at least 18 years of age or the age of majority in your jurisdiction and have the legal capacity to enter into these Terms. If you are using the Website on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
3. Services Provided
The Funds Group, LLC provides fund formation services for alternative investment funds. All services provided by the Company are subject to these Terms. The information provided on the Website is for general informational purposes only and does not constitute legal, financial, or professional advice. Any reliance you place on such information is strictly at your own risk.
4. Intellectual Property Rights
(a) Ownership: All content on the Website, including but not limited to text, graphics, logos, images, software, and any other materials ("Content"), is the property of The Funds Group, LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
(b) License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal or internal business purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without our prior written consent.
(c) Trademarks: All trademarks, service marks, and trade names appearing on the Website are the property of The Funds Group, LLC or their respective owners. Unauthorized use of any trademarks, trade names, or logos displayed on the Website is strictly prohibited.
5. Use of the Website
(a) Prohibited Uses: You agree not to use the Website in any way that:
Violates any applicable federal, state, local, or international law or regulation;
Exploits, harms, or attempts to exploit or harm minors in any way;
Transmits, or procures the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
Impersonates or attempts to impersonate The Funds Group, LLC, an employee of the Company, another user, or any other person or entity;
Engages in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm The Funds Group, LLC or users of the Website, or expose them to liability.
(b) User Account: If you are provided with a user account for the Website, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account or password.
6. Disclaimer of Warranties
The Website and all content, services, and products provided through it are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. The Funds Group, LLC does not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
7. Limitation of Liability
To the fullest extent permitted by law, in no event shall The Funds Group, LLC, its affiliates, or their respective directors, officers, employees, agents, contractors, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Website; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Website; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party; (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website.
8. Indemnification
You agree to indemnify, defend, and hold harmless The Funds Group, LLC, its affiliates, and their respective directors, officers, employees, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Website caused damage to a third party.
9. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Website, to understand our practices. By using the Website, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or the Website will be resolved in accordance with the Dispute Resolution clause below.
11. Dispute Resolution
(a) Arbitration: Any disputes arising out of or relating to these Terms, the Website, or the services provided by The Funds Group, LLC shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Delaware, and the arbitrator's decision shall be binding and may be entered as a judgment in any court of competent jurisdiction.
(b) Class Action Waiver: You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.
12. Changes to the Terms
The Funds Group, LLC reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Funds Group, LLC regarding the use of the Website and supersede any prior agreements between you and The Funds Group, LLC.
15. Contact Information
If you have any questions about these Terms, please contact us at:
The Funds Group, LLC
2755 Canyon Blvd
Boulder, CO 80301
Email: tou@thefundsgroup.com
