Terms of Use

ID FUNDS ADVISOR LLC

Terms of Use

Last Modified: November 2020

These are the ID Funds Advisor LLC Terms of Use (“Terms of Use” or “Terms”).  These Terms of Use are entered into by and between users (“you”) and ID Funds Advisor LLC (“ID Fund”, “our,” “we,” “us,” or the “Company”) and govern your access to, and use of, our websites, including, but not limited to, https://idfund.co/, invest.idfund.co, our mobile sites, and any other digital properties that we own or control or are owned or controlled by our affiliates or any investment vehicle that we or our affiliates manage, advise or are affiliated with (each a “Website” and collectively, “Websites”).  For purposes of these Terms, “User” or “you” shall include a customer, a prospective customer, a prospective employee or a visitor to our Websites.  The term “ID Fund Vehicle” shall include all affiliates of ID Funds Advisor LLC and any investment vehicle that we or our affiliates manage, advise or are affiliated with.  Each of the ID Fund Vehicles, their respective advisors, managers and officers, and their respective affiliates, transferees, successors and assigns is intended to be a third party beneficiary of these Terms of Use and shall be entitled to enforce each and every term hereof as if a party hereto.

Please read these Terms of Use carefully before you start to use the Websites. By accessing or using the Websites you accept and agree to be bound and abide by

The Websites are not intended for persons under 21 years of age.  By using the Websites, you represent and warrant that you meet the foregoing eligibility requirements.  If you do not meet these requirements, then you must not access or use the Websites.

As described in greater detail below, the Websites are also intended only for persons that are “Accredited Investors” and “Qualified Clients” for purposes of U.S. securities laws and regulations. If you are not such an Accredited Investor and a Qualified Client then you must not access or use the Websites.

In order to access certain portions of the Websites, you will be asked to provide personal information—including name, street address, and date of birth to verify your identity.  If you do not provide us with this information, all access to the Websites will be revoked.  If we are unable to verify your identity, we reserve the right to close your account or revoke your access to the Websites or take other steps we deem reasonable.  By use of the Websites, you represent that you are aware that we will use this information to verify your identity and you represent that such information is accurate, complete and current.

Upon termination of these Terms of Use or your access to the Websites for any reason, you will continue to be bound by such of these Terms of Use as by their nature should survive termination, including without limitation any provisions herein governing the confidentiality, ownership or use of any Content, and those relating to indemnification, disclaimers of warranties and limitations of liability.

Accessing the Websites and Account Security

We reserve the right to withdraw or amend the Websites and any material we make available through the Websites, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of, or all of, the Websites to Users.

To access the Websites or some of the Websites’ resources, you may be asked to provide certain contact details or other information. It is a condition of your use of the Websites that all the information you provide via the Websites is correct, current, and complete. You agree that all information you provide to register with the Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Users are required to ensure that all persons who access the Websites through a User’s internet connection are aware of these Terms of Use and comply with them. Users are responsible for any security breaches or performance problems relating to accessing the Websites.

Any username, password, or any other information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Websites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

Accredited Investors and Qualified Clients Only

You acknowledge that, in the process of becoming a registered user of the Websites, you represented and warranted to ID Fund that you are an “accredited investor” as defined by Rule 501 of Regulation D under the Securities Act of 1933, as amended, and a “Qualified Client” as defined by Rule 205-3(d)1 under the Investment Advisers Act of 1940, as amended, and made certain supporting representations and warranties and provided certain related information to ID Fund. You acknowledge and agree that ID Fund permits only Accredited Investors and Qualified Clients to have access to information about investment opportunities on the Websites and otherwise, and relied and will continue to rely on your representations and warranties as to your status as such.  If you cease to become either an Accredited Investor or Qualified Client for any reason, including without limitation any change to the definition of “Accredited Investor” or “Qualified Client” for purposes of U.S. securities laws and regulations, you will immediately notify us and cease all use of the Websites.

Reliance on Posted Information; Investment Decisions

The information presented on, or made available through, the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Websites, or by anyone who may be informed of any of its contents. The only representations and warranties made to you are those, if any, that are expressly set forth in definitive transaction documents duly executed and delivered by you and by ID Fund and/or the applicable parties.

Without limiting the foregoing, you alone are responsible for any investment decisions, purchases, or other transactions you make through the Websites or in connection with investment opportunities presented on the Websites. The Websites may include financial information, management presentations, organization and entity structures, copies of documents and other information generally in the nature of business, financial and legal due diligence materials provided by companies seeking investment and/or by other third parties. HOWEVER YOU SHOULD NOT INTERPRET THE AVAILABILITY TO YOU OF ANY SUCH MATERIALS AS CONSTITUTING FINANCIAL, TAX, LEGAL, INVESTMENT OR OTHER ADVICE BY ID FUND, OR AS A REPRESENTATION OR WARRANTY OF ANY KIND BY ID FUND AS TO THE ACCURACY OR COMPLETENESS OF ANY SUCH MATERIALS, ALL OF WHICH ID FUND HEREBY EXPRESSLY DISCLAIMS. By accessing any such materials, you represent and warrant to ID Fund that you will make any decision to invest based only on your consideration of the risks of the applicable investment opportunity and agree that any such decision is made at your own risk, which may include the loss of your entire investment. ID Fund hereby disclaims any fiduciary relationship to you, and advises you to consult with a legal professional and one or more registered financial and investment advisors with respect to any investment opportunity you are considering.

The content, material and information contained on the Websites does not constitute an offer or solicitation and may not be treated as an offer or solicitation (i) in any jurisdiction where such an offer or solicitation is against the law; (ii) to anyone to whom it is unlawful to make such an offer or solicitation; or (iii) if the person making the offer or solicitation is not qualified to do so. The securities offered on the Websites can only be marketed in certain jurisdictions. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence. The content provided on the Websites does not constitute an offer or solicitation to sell securities by anyone in any jurisdiction in which such offer, solicitation or distribution would be unlawful or in which the person making such offer or solicitation is not qualified to do so, or to anyone to whom it is unlawful to make such offer or solicitation. Applications to invest in any offering referred to on the Websites must only be made on the basis of the offering documents relating to the specific investment.

The Websites are not directed at you if ID Fund is prohibited by any law of any jurisdiction from making the information on them available to you. You should satisfy yourself before accessing the Websites that we would be allowed to advertise investment products to you under the law of the jurisdiction in which you reside. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction, including the one in which you reside. The securities described on the Websites are not registered under the Securities Act of 1933, as amended, or under the laws of any U.S. state or other jurisdiction.

You further accept and agree that the General Disclaimer and the NDA shall apply to any information you access on the Websites and to any other use of the Websites.

Non-Circumvention

You agree to abide by the Disclaimer and the NDA with respect to any investment opportunity or other information made available on the Website or otherwise presented to you by ID Fund.

Communications and Electronic Delivery

You agree that ID Fund may send communications to you via your mailing address, email, telephone or facsimile number provided by you on your account. You agree to notify us of any changes in your address or contact details. ID Fund may also deliver information verbally. Communications shall be deemed delivered to you when sent and not when received. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means.

Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. ID Fund shall have a reasonable period to effect such a change and ID Fund may charge you a reasonable fee for sending such paper copies. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.

Any information you provide to ID Fund is subject to the provisions of these Terms of Use under the heading “Feedback” below.

Electronic Communication Privacy Act Notice (18usc 2701-2711): ID Fund makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. ID Fund will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on ID Fund’s equipment, transmitted over networks accessed by the Websites, or otherwise connected with your use of the Websites.

WITHOUT LIMITING THE FOREGOING, YOU CONSENT TO RECEIVE ALL INFORMATION REQUIRED TO BE DELIVERED OR MADE AVAILABLE TO YOU UNDER THE FEDERAL SECURITIES LAWS THROUGH THE PORTAL OR ANY METHOD OF ELECTRONIC OR NON-ELECTRONIC DELIVERY FOR WHICH YOU HAVE GIVEN US AN ADDRESS, INCLUDING, BUT NOT LIMITED TO, EMAIL AND POSTING TO YOUR ACCOUNT ON THE SITE.

Intellectual Property Rights

The Websites and the entire content, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) made available through the Websites (“Content”) are owned by ID Fund, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Websites and Content for your personal, non-commercial use only. Unless otherwise agreed to by us, you must not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide social media features with certain Content, you may take such actions as are enabled by such features.

You must not:

  • modify copies of any Content; and/or
  • delete or alter any copyright, trademark or other proprietary rights notices from copies of Content.

Modification or use of the Content, except as expressly provided herein, is a violation of ID Fund’s, its licensors’ or other providers’ intellectual property rights, as applicable.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any Content is transferred to you, and all rights not expressly granted are reserved by ID Fund, its licensors or other providers, as applicable. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademark

ID Fund, the IDFUND logo, the term “Investor Directed” and all trademarks and service marks listed on the Websites, are trademarks and service marks of ID Fund (collectively, the “Marks”). You are not granted any right to use the Marks (including, without limitation, the layout of any Website), and all such items remain the exclusive property of ID Fund.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries or laws applicable to the offering of securities);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and/or
  • to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites or expose them to liability.

Additionally, you agree not to:

  • use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real-time activities through the Website;
  • use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any Content;
  • access Content that is not intended for you;
  • attempt to breach or breach the security and/or authentication measures;
  • restrict, disrupt, or disable the Websites to users, hosts, servers or networks;
  • reproduce TCP/IP packet header illicitly;
  • use any manual process to monitor or copy any Content or for any other unauthorized purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Websites;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server(s) on which the Websites stored, or any server, computer or database connected to the Websites; 
  • attack the Websites via a denial-of-service attack, a distributed denial-of-service attack, flooding, mailbombing or crashing; and/or
  • otherwise attempt to interfere with the proper working of the Websites.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Changes to the Websites

We may update the Content from time to time, but the Content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Websites

All information we collect on our Websites is subject to our Privacy Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Linking to the Websites and Social Media Features

You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, prior written consent. 

The Websites may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on the Websites;
  • send e-mails or other communications with certain content, or links to certain content; and/or
  • cause limited portions of content on any website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • establish a link from any website that is not owned by you;
  • cause the Websites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.;
  • link to any part of any Website other than the homepage; and/or
  • otherwise take any action with respect to Content that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.

We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

PHI or Sensitive Personal Information

We do not knowingly or intentionally collect Protected Health Information ((or “PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and summarized by the U.S. Department of Health & Human Services here: https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html (“PHI”)) or ‘sensitive personal information’ through the Websites.  Please do not submit any PHI or sensitive personal information to us through the Websites. For more information, please see our Privacy Policy.

Feedback

If you provide any comments, questions, recommendations, suggestions, or related information to ID Fund by any means concerning the Content (collectively, “Feedback”), you hereby grant ID Fund a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicensable license to use, copy, modify, create derivative works of, publicly display, publicly perform, distribute and otherwise exploit, without any attribution or compensation to you, any and all Feedback in connection with the Websites and/or any of ID Fund’s other products or services; however, you have no right to compel any such use.

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on a Website infringes a copyright owned by you, you (or your agent) may send ID Fund a notice requesting that the material be removed, or access to it blocked. This request should be sent to:

ID Funds Advisor LLC

751 Park of Commerce Dr. Suite 128

Boca Raton, FL 33487

Attn: Compliance Officer

or to admin@idfund.co

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or applicable law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Websites should be sent to the address above.

Links from the Websites

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

ID FUND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OR AVAILABILITY OF INFORMATION, CONTENT, PRODUCTS, SERVICES, PRIVACY OR SECURITY PRACTICES OR MERCHANDISE FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM THE WEBSITES. ID FUND CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD-PARTY SITES.

YOUR USE OF THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THE CONTENT AND ANY ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITES AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR ITEMS OBTAINED THROUGH THE WEBSITES OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY.

THE TOTAL LIABILITY OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless ID Fund, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use (including without limitation the Privacy Policy, the Disclaimer and Non-Circumvention Agreement and any other terms expressly incorporated herein by reference) or your use of the Websites, including, but not limited to, your Feedback, third-party sites, and any use of the Content other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.

Governing Law and Jurisdiction

All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal law of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

You expressly agree that exclusive jurisdiction for any dispute with ID Fund resides in the state courts and U.S. federal courts in Palm Beach County, Florida and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any claim involving ID Fund. Use of the Websites is not authorized in any jurisdiction that does not give effect to these Terms of Use and all of the terms and conditions set forth herein.

YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THE WEBSITES OR THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE WEBSITES OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

Unless otherwise agreed to by ID Fund, these Terms of Use, including the Privacy Policy, Disclaimer, NDA, AML Supplement and any other terms expressly incorporated herein by reference, constitute the sole and entire agreement between you and ID Fund with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites. 

Changes to the Terms of Use

We may revise these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.  Please check this page regularly to ensure that you are familiar with the current version of the Terms of Use. By your continued use of the Websites after publication of revised Terms of Use, you accept and agree to the terms and conditions in the revised Terms of Use.

Reporting and Contact

The Websites are operated by ID Fund LLC.

All notices of copyright infringement claims should be sent to:

ID Funds Advisor, LLC

751 Park of Commerce Dr. Suite 128

Boca Raton, FL 33487

Attention: Compliance Officer

or by email to admin@idfund.co

Should you become aware of misuse of the Websites including libelous or defamatory conduct, you must report it to the Company at:

ID Funds Advisor, LLC

751 Park of Commerce Dr. Suite 128

Boca Raton, FL 33487

Attention: Compliance Officer

or by email to admin@idfund.co

All other feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to:

ID Funds Advisor, LLC

751 Park of Commerce Dr. Suite 128

Boca Raton, FL 33487

Attention: Compliance Officer

or by email to admin@idfund.co

© ID Funds Advisor LLC 2023