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TERMS OF USE
Welcome
to FraternityFund.com's online service (the "Service").
As part of our service, FraternityFund.com provides
you with data, news, information, statistics, data indices,
e-mail service, and other computer services ("
Material") that FraternityFund.com may decide to
offer, subject to the terms of this Agreement. Upon
notice published through the Service, FraternityFund.com
may modify this Agreement at any time. You agree and
continue to agree to use FraternityFund.com Services
in a manner consistent with all applicable laws and
regulations and in accordance with the terms and conditions
set out in the policies and guidelines outlined below.
Non-Transferability
of Access Membership:
FraternityFund.com grants to Registered User a personal,
non-exclusive, non-assignable and non-transferable license
to use the FraternityFund.com Service. Unauthorized
copying of any Alternative Investment Material or duplication
of any Alternative Investment Material in any manner,
including any re-distribution of FraternityFund.com's
"Printable Snapshot," including Alternative
Investment Material or its underlying software that
has been modified, merged or included with the Alternative
Investment Material associated therewith is expressly
forbidden. Registered User acknowledges that Registered
User may not sublicense, transfer, sell or assign this
license. Any attempt to sublicense, transfer, sell or
assign the license is void.
Copyrighted
Materials:
Unauthorized
copies of copyrighted photographs, drawings, graphics,
text or other writings, computer programs or other software,
recordings or designs; files containing advertisements
or solicitations aimed at persuading other members to
use certain goods, services or products, or invest in
certain alternative investment funds without the express
written permission of FraternityFund.com; material of
a sexually explicit nature, including photographs and
text.
Copyrighted
material, including without limitation text, photographs,
sound, video and music, may not be placed on the Service
without the express permission of the author or owner
of the copyright on the material. Registered User acknowledges
that only the owner or someone authorized by the owner
to post the material may do so. The downloading of copyrighted
material is allowed by Registered Users only for Registered
Users' own use. Registered Users may not copy, reproduce,
retransmit, distribute, publish, commercially exploit
or otherwise transfer any copyrighted material. The
burden of determining that any information, software
or any other content on the Service is not protected
by copyright rests with the Registered User. Registered
User acknowledges that FraternityFund.com and/or third-party
content providers remain the owners of the posted materials,
and that Registered User does not acquire any of those
ownership rights by downloading copyrighted materials.
E-Mail
via FraternityFund.com:
Email is a part of FraternityFund.com's service designed
for communication between Registered Users (investors
and managers). FraternityFund.com reserves the right
to take action against any Registered User who is defaming,
harassing or otherwise offending another Registered
User through e-mail, if it comes to FraternityFund.com's
attention that this type of abuse is occurring, as is
more fully set forth above in "Rules for Online
Conduct."
Limitation
Of Liability And Warranty
Registered User AGREES THAT USE OF THE SERVICE IS ENTIRELY
AT Registered User'S OWN RISK. FraternityFund.com'S
SERVICES AND ALTERNATIVE INVESTMENT MATERIALS ARE PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS,
PRODUCTS, GOODS, SERVICES, OR ALTERNATIVE INVESTMENT
FUND INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH
THE SERVICE, THE RESULTS , INFORMATION, OR DECISIONS
MADE OR OBTAINED THROUGH THE SERVICE. SPECIFICALLY,
FraternityFund.com DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION:
1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY
OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND
2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. Registered User SPECIFICALLY ACKNOWLEDGES
THAT FraternityFund.com IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER Registered UserS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH Registered User.
NEITHER
FraternityFund.com NOR ANY OF ITS AGENTS, AFFILIATES
OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN
ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF
ANY WARRANTY. Registered User HEREBY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT
ON THE SERVICE.
Trademarks:
FraternityFund.com, the FraternityFund.com logo, are
trademarks of FraternityFund.com and. All other trademarks
appearing on the Service are trademarks of their respective
owners.
Notice:
FraternityFund.com may give notice to Registered Users
by means of a general notice on the Service, electronic
mail to Registered User's e-mail address on record with
FraternityFund.com, or by written communication sent
by first class mail to a Registered User's address on
record with FraternityFund.com. You may give notice
to FraternityFund.com (such notice shall be deemed given
when received by FraternityFund.com at any time by any
of the following):
1.
electronic mail to info@FraternityFund.com;
2. letter telecopied to FraternityFund.com at the following
fax number: 599-9-767-2610;
3. letter delivered by first class postage prepaid mail
or courier to FraternityFund.com at the following address:
Fraternity
Fund Management Ltd.
Brakkeput Ariba 17
Curaçao
Netherlands Antilles
Tel : 599-9-767-1922
Fax : 599-9-747-2610
E-Mail : info@fraternityfund.com
Indemnification:
Registered User agrees to indemnify and hold FraternityFund.com
harmless from any dispute which may arise from a breach
of terms of this Agreement. Registered User agrees to
hold FraternityFund.com harmless from any claims and
expenses, including reasonable attorney's fees and court
costs, related to Registered User's violation of this
Agreement, including the Rules of Conduct or any information,
software or other content placed on the Service by Registered
User.
Choice
Of Law:
This Agreement shall be construed and controlled by
the laws of the State of New York. Further, any dispute
arising from the terms of this agreement or a breach
of this Agreement will be governed by the laws of the
State of New York. Registered User agrees to personal
jurisdiction by the state and federal courts sitting
in the State of New York.
Merger
Clause:
This Agreement constitutes the entire agreement between
the parties with respect to the subject matter contained
herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or
oral between FraternityFund.com representatives and
Registered User. FraternityFund.com may amend or modify
this Agreement or impose new conditions at any time
upon notice from FraternityFund.com to Registered User
as published through the Service. Any use of the Service
by Registered User after such notice shall be deemed
to constitute acceptance by Registered User of such
amendments, modifications or new conditions.
FraternityFund.com
Notice:
FraternityFund.com text, statistical graphs, data, photos,
graphics, audio and/or video materials, or any other
Alternative Investment Material shall not directly or
indirectly be published, rewritten for broadcast or
publication or redistributed in any medium EXCEPT Registered
User may, for Registered User's sole use and information
but for no other purpose and not for publication or
redistribution, access and use FraternityFund.com's
"Printable Snapshot" feature. Neither these
materials nor any portion thereof may be stored in a
computer except for personal and non-commercial use.
Registered User does not hold FraternityFund.com liable
for any delays, inaccuracies, errors or omissions therefrom
or in the transmission or delivery of all or any part
thereof or for any damage arising from any of the foregoing.

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