Terms of Use – Actium Funds

Welcome to the website (this “Site”) for Actium Funds (“we,” “us,” “our”). These Terms of Use (these “Terms”) govern your use of this Site. Each time you visit Site, you agree, on behalf of yourself and the institution/company or other legal entity you represent, to be bound legally by these Terms. If you are under 18 years of age, you are not authorized to register or use this Site.

Changes to these Terms

The Effective Date of these Terms is appears at the top of this webpage. We occasionally will modify these Terms and post the modified Terms to this webpage. Please check this webpage frequently so you know of our current Terms for this Site. Your use of the Site after the Effective Date constitutes your acceptance of the modified Terms. The modified Terms supersede all previous versions.

Registration

While many webpages on this Site are open to the general public, you must register with us here to access portions of this Site (including the Historical Returns section of this Site) (the “Restricted Webpages”). Restricted Webpages are only available to persons who certify that they are (or that the institution/company they represent is) an accredited investor (as defined in Rule 501(a) of Regulation D under the Securities Act of 1933, as amended). Each such person or institution/company will be required to verify its accredited investor status at such times and in such manner is required by applicable law. We may reject your attempt to register in our sole discretion, in which case you will have no access to the Restricted Webpages. If you register, you represent that the information you provide during the registration process is current, accurate, truthful, and complete, and you will regularly update this information to maintain its completeness and accuracy. Your registration is personal to you; you will not grant anyone else access to the Restricted Webpages. You must maintain the confidentiality of your user name, password, answers to security questions and other log-in credentials (your “Credentials”), and you are responsible for logging out of the Restricted Webpages. You also are responsible for all activities conducted using your Credentials. If you learn of any suspicious or unauthorized conduct using your Credentials, you agree to contact us immediately. We will not be liable for any loss or damage arising from the unauthorized use of your Credentials.

Restricted Webpages

The information and materials on the Restricted Webpages (“Restricted Content”) are our confidential information. You agree that you will not share, reproduce or distribute the Restricted Content with any third party or use the Restricted Content for any purpose other than evaluating the possibility of investing with us or our affiliates.

Intellectual Property

We or our affiliates own all rights to this Site, including the Restricted Content and all other information, files, documents, text, photographs, images, audio, and video on this Site and any material provided for download on the Site (collectively, the “Content”). The Site and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part. We reserve to ourselves and our affiliates all rights in the Content not granted by this paragraph.

Privacy Policy

Our Privacy Policy describes the personally identifiable information we collect from you when you visit this Site, including information we collect whether or not you register with us, and how we use that information and to whom we disclose it. We encourage to you to review our Privacy Policy often as it, too, changes occasionally.

Your Obligations

You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, by (a) Restricted Content without registering with us, or logging onto a server or an account which you may not access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You also are prohibited from:

Using this Site in any way that violates any federal, state, local or international law or regulation;
Engaging in conduct that restricts or inhibits anyone’s use or enjoyment of this Site, or which, as we determine, may harm us or users of the Site or expose them to liability;
Using this Site in any manner that could disable, overburden, damage, or impair this Site or interfere with any other party’s use of the Site;
Using any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
Using any manual process to monitor or copy any of the materials on the Site other than as authorized by these Terms, or for any other unauthorized purpose without our prior written consent;
Otherwise attempting to interfere with the proper working of the Site.

Links to Third Party Sites

This Site may contain hyperlinks that connect you to websites operated by third parties, including our affiliates. We provide these hyperlinks to you as a convenience, and the presence of a link on this Site does not imply that we endorse or control the other website, products or services offered through any website, or of any other company or person. If you visit any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and privacy policies of such websites.

Disclaimer and Limitation of Liability

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THIS SITE WILL BE CORRECTED. WE PROVIDE THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT INCLUDED ON THIS SITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THIS SITE, SITE-RELATED SERVICES OR ANY CONTENT INCLUDED ON THIS SITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, CONTENT, INFORMATION CONTAINED WITHIN THIS SITE OR ANY LINKED SITE IS TO STOP USING THIS SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Site must be brought within one (1) year of the event giving rise to such action occurred.

Law and Jurisdiction

These Terms will be construed under the laws the State of Utah. You agree that any dispute in connection with these Terms or arising out of your use of this Site shall be resolved exclusively in the state or federal courts sitting in the State of Utah.

General

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including block your access to this Site. If any provision of these Terms is held to be unenforceable, the remaining Terms will remain in full force and effect, and the unenforceable provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our waiver of any term or condition set forth in these Terms shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any right.

How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us at (801) 983-6700.